2014 Elections: military members, civilian employees, political activities

  • Published
  • By Capt Ryan Fisher
  • 366th Fighter Wing Legal Office
The 2014 election cycle is here, and with it often comes questions regarding political activities and restrictions for Air Force military members and federal civilian employees.

This article highlights some of the rules surrounding political participation, which apply to activities whether in person, via cell phone, e-mail, texting or social media. 

All active duty Airmen and federal civilian employees have a right and are encouraged to participate in these important and historic events; however, both groups should be familiar with the special rules that apply to them when exercising their right to political participation. These rules are necessary to maintain good order and discipline and to avoid conflicts of interest and the appearance of improper endorsement in political matters.  

Airman may register to vote, vote and express a personal opinion on political candidates and issues but not as a representative of the Air Force or Department of Defense. Airman may also join a partisan or nonpartisan political club and attend its meetings when not in uniform and not in any official capacity. 

As a general rule, Airmen may not participate in any political activity while in uniform. They must avoid partisan activities when acting in an official capacity. They should only express personal opinions on candidates and issues in an appropriate manner and place. Airmen may not use government facilities or resources to participate in political activities, and they must stay clear of any conduct which implies official Air Force endorsement or representation.  Political activity is activity directed toward the success or failure of a political party, partisan candidate or partisan political group. 

Some other points to remember:
Active Duty Airmen Prohibitions:
· May not wear any type of political button on their uniform at any time.
· May not march or ride in any partisan political parade, regardless of whether they are in uniform.
· May display a political bumper sticker on their private vehicle, so long as it is no larger than a traditional bumper sticker.
· May not display a large political sign, banner, or poster on the top or side of their vehicle.
· May not display a political sign or poster in base housing, whether it is a military housing development or privatized.
· May not speak before a partisan political gathering, including any gathering promoting a partisan political party, candidate, or cause. Airmen who violate the prohibitions on political activities may face disciplinary action under Article 92, Uniform Code of Military Justice, as well as any other applicable articles of the UCMJ or provisions of federal law.

The Hatch Act, 5 U.S.C. §7321 - §7324, limits certain political activities of federal civilian employees. Most federal employees may take an active part in partisan political management or partisan political campaigns in their personal capacity. Permitted personal activities include registering and voting, contributing money to political campaigns or partisan political groups, attending fundraising functions, and distributing campaign literature. Listed below are some of the more common applicable restrictions.

Federal civilian employee prohibitions:
· May not engage in political activities while on duty. 
· Whether on or off duty, federal employees may not engage in political activity in a federal building 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). 
· May not be candidates for public office in partisan political elections.
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,  the Hatch Act, 5 U.S.C. §7321, and the Office of Special Counsel at https://osc.gov.

For additional information, please contact the base legal office at (208) 828-2238.