Limits on Political Activities Published Jan. 10, 2012 By Cindy Middleton 17th Training Wing Legal Office GOODFELLOW AIR FORCE BASE, Texas-- -- Being involved in the political process is one of our greatest responsibilities as citizens. However, as employees of the Defense Department, both active duty service members and DoD civilians need to be careful to follow the rules on participation in the political process. Air Force Instruction 51-902, Political Activities by Members of the US Air Force, lays out rules on participation in political activities by AF members. Basically, Airmen cannot act in any official military capacity associated with partisan politics. Moreover, they cannot openly or privately make speeches, write articles or engage in electioneering or campaign activity associated with partisan politics to include posting information on social media sites (i.e. Facebook). The Hatch Act for Federal Employees covers the permitted and prohibited activities for civilian employees who may engage in partisan activity. Does that mean military members cannot participate in rallies or other types of activities? Not at all. The Air Force allows its people on active duty to attend partisan political rallies in civilian clothes as a spectator only, as long as they do not actively participate or make speeches during the rally. In an unofficial capacity, service members may even write letters to the editor of a newspaper expressing personal, nonpartisan views on current political issues. However, military members need to be careful not to use contemptuous words against the President or other high officials; doing so could be a violation of the UCMJ. Also, they can make monetary contributions to a political organization favoring a particular candidate, but may not contribute money to, or solicit money for, a particular candidate. Military members may join a political club and attend its meetings when not in uniform. They may also display a political sticker on a private vehicle. What is the difference between partisan and nonpartisan political activity? Activity supporting or relating to candidates who do not represent (or issues not specifically identified with) national or state political parties or associated organizations are considered nonpartisan. For instance, issues relating to constitutional amendments, referenda, and approval of municipal ordinances. On the other hand, activities relating to candidates who represent issues specifically identified with a political party or individual running for office are considered partisan. Therefore, no candidate, declared or undeclared, may be endorsed by active duty service members, even if the candidate is unaffiliated with a national or state political party. How does the regulation apply to DoD civilians? Basically, the rules are less restrictive for DoD civilians. While the main principle of not acting in an official capacity still applies, the DoD allows its civilians more freedom to engage in partisan politics in their private lives. For example, if they are not members of the Senior Executive Service and are acting solely in a private capacity, DoD civilians can manage a political campaign, endorse or oppose a candidate in a political advertisement, and speak at a political rally on behalf of a candidate. All of these actions are forbidden for people on active duty for 30 days or more. Are partisan political activities allowed on base? Absolutely not. According to the regulation, no one can engage in any political activities "inside the fence-line" of any military installation or in any federal building, whether active duty or civilian. Basically, these rules come down to making sure that whatever you do, it is obvious to the public you are doing it as an individual, and not as a service member or civilian DoD employee. For questions or concerns regarding this article contact your unit's voting representative or the base legal office at (325)654-3203.
