Election 2012: The Dos and Don’ts

  • Published
  • By Staff Reports
  • 366th Fighter Wing legal office
MOUNTAIN HOME AIR FORCE BASE, Idaho --  According to some political pundits, the 2012 presidential election may become one of the most expensive and contentious in history.

As American citizens, active-duty Airmen and federal civilian employees have a right to participate in these important and historic events. However, both groups should be familiar with the special rules that apply when exercising their right to political participation.

As a general rule, Airmen may not participate in any political activity while in uniform. They should avoid partisan activities when acting in an official capacity and should only express personal opinions on candidates and issues in an appropriate manner and place.

Airmen should not use government facilities or resources to participate in political activities and should stay clear of any conduct which implies official Air Force endorsement or representation. Some other points to remember:

Active-duty Airmen:
· May not wear any type of political button on their uniform at any time.
· May not march or ride in any political parade, regardless of whether they are in uniform.
· May not display a large political sign, banner or poster on the top or side of their vehicle.
· May not display a political sign in base housing, even if a military housing development is or becomes privatized.
· When expressing personal views in either a letter to the editor or on any type of written publication, to include all forms of print and electronic media, including magazines, social media and blogging, Airmen must remember to clearly state those opinions are those of the individual only and not those of the Air Force or Department of Defense. However, Airmen may not write letters as part of an organized letter-writing campaign or a solicitation of votes for or against a political party or partisan political cause or candidate.
· May display a political bumper sticker on their private vehicle, so long as it is no larger than a traditional bumper sticker.
· May attend, when not in uniform, partisan and nonpartisan political fundraising activities, rallies, conventions, or activities as a spectator, so long as no inference or appearance of official sponsorship, approval, or endorsement can be drawn. However, at such events, Airmen may not participate in the event (this prohibition includes giving speeches).
· May not serve in any official capacity with or be listed as a sponsor of a partisan political club.
· May not speak before a partisan political gathering, including any gathering promoting a partisan political party, candidate, or cause.
· May not participate in any radio, television, or other program or group discussion as an advocate for or against a partisan political party, candidate, or cause.
· Airmen may not make monetary contributions to a partisan political candidate. However, subject to specific limitations laid out in applicable federal law, Airmen may generally make monetary contributions to a political organization, party or committee favoring a particular candidate or slate of candidates.

Airmen who violate the prohibitions on political activities may face disciplinary action under Article 92 of the Uniform Code of Military Justice as well as any other applicable articles of the UCMJ or provisions of federal law.

According to the Hatch Act, most federal civilian employees may generally take an active part in partisan political management and campaigns. However, they have certain restrictions on their political activities. Listed below are some of the more commonly applicable restrictions.

Federal civilian employees:
· May not engage in political activities while on duty.
· Whether on or off duty, federal employees may not engage in political activity in a government office or while using a government vehicle.
· May not use their official authority or influence to interfere with an election.
· May not knowingly solicit, accept or receive political contributions (with limited exceptions for members of federal labor or other employee organizations).

For additional information or concerns on the propriety of some political activity, contact the base legal office at 828-2238.

(Editor's note: This article is meant to help answer the most common questions concerning permissible political activities by Air Force members and federal civilian employees. For further guidance, please refer to DoD Directive 1344.10, Political Activities by Members of the Armed Forces, Air Force Instruction 51-902, Political Activities by Members of the U.S. Air Force, Air Force Chief of Staff guidance on Political Activities, dated Dec. 1, 2011, the Hatch Act.)