Tips for election season

  • Published
  • By 1st Lt Scott Kirk
  • 47th Judge Advocate Office
LAUGHLIN AIR FORCE BASE, Texas --  Last month Army reservist Cpl. Jesse Thorsen endorsed Presidential Candidate Ron Paul on stage while wearing his uniform at a rally during the Iowa Caucus. Although Corporal Thorsen claimed the experience was "like meeting a rock star," he could face discipline for his violation of Department of Defense regulations restricting political activity of military members.

This year is poised to be a big election year; it is easy to get excited about your favorite candidates. As American citizens, it is fundamental that military and DOD employees are able to exercise their Constitutional right to vote and are free to encourage others to do the same. However, it is important that all servicemembers and civil servants understand and adhere to DOD and Air Force regulations limiting political activities that imply - or even appear to imply - official sponsorship, approval or endorsement.

First and foremost, vote! DOD employees and military members are encouraged to vote as they choose. As President Franklin D. Roosevelt said, "Nobody will ever deprive the American people of the right to vote except the American people themselves and the only way they could do this is by not voting." In most states, individuals must register to vote in advance. Individuals who need assistance with registration or obtaining absentee ballots can visit the installation voting assistance office, located in the legal office here. Individuals can also visit http://www.canivote.org to determine their voter registration status and state's election dates.

Additionally, each unit has been assigned a unit voting assistance officer who is trained to help you register to vote. Active duty military members and their voting-age dependents are entitled to receive absentee ballots when deployed or stationed away from their home state by registering directly with their state or through the Federal Voting Assistance Program, website: http://www.fvap.gov.

Military members and federal civilian employees who plan to get more involved in elections beyond voting must abide by federal law and DOD directives restricting activities that could result in actual or perceived government partisanship or endorsement.

All reserve and active duty Air Force members must abide by DOD Directive 1344.10 and Air Force Instruction 51-902. Members who fail to follow the directive and AFI may be punished under Article 92 of the Uniformed Code of Military Justice for failure to obey a regulation. Federal civilian employees' political activities are limited by the Hatch Act and other DOD guidance specific to their position regarding participation in political campaigns and elections.

Both civilian DOD employees and military members may sign nominating petitions for candidates and express their personal opinions about candidates and issues so long as they are not perceived as representing the U.S. government. They also are both barred from using their position to influence or interfere with an election or influencing subordinates to vote a particular way. They can never engage in political activity on the job, in a government vehicle or while wearing an official uniform or insignia. Beyond that, the rules differ for military and civilians.

Military members, for example, may attend political meetings, rallies and parades only as spectators and not in uniform. They are not permitted to make public political speeches, serve in any official capacity in partisan groups or participate in partisan political campaigns or conventions. Also, members residing in on-base housing, even privatized housing, may not display political signs in their yard or windows. However, all members may display a small political bumper sticker on their personally owned vehicles. Additionally, commissioned officers may be punished if they use contemptuous words against the president, congress and other officials listed in Article 88 of the UCMJ.

The rules for civilian DOD employees vary based on their position. However, most employees are permitted to be active in and speak before political gatherings and serve as officers of political parties or partisan groups. These activities, however, cannot involve fundraising. Most employees also are permitted to manage campaigns, distribute literature, write political articles or serve as a spokesperson for a party or candidate - but never while on duty.

While the dos and don'ts concerning political activity may vary, the basic tenets hold true for all DOD employees and military members. The bottom line is that DOD members are encouraged to vote, but they should steer clear of any political activity that may be reasonably viewed as directly or indirectly associating the DOD or the military with a partisan political activity.

DOD employees and military members with questions regarding their planned involvement in political activities should refer to the appropriate DOD and Air Force directives or contact the Laughlin Legal Office at 298-5172.

This article was adapted from http://www.defense.gov/news/newsarticle.aspx?id=66689 by Donna Miles, American Forces Press Service