Know your responsibilities concerning political activities

  • Published
  • By Capt. Jazmine Abadia
  • 30th Space Wing Judge Advocate
Election season is upon us, and as military members, it is important to understand the limits of our participation in political activities.

Military members are restricted by regulations and laws on participation in political activities. These rules are set out in DoDI 1344.10 and AFI 51-902. Violations of these laws are punishable under Article 92 of the Uniform Code of Military Justice. Civilian employees are subject to somewhat similar restrictions, but this article focuses on the restrictions for military members.

Political activity is any activity directed toward the success or failure of a political party, candidate for partisan political office, or a political group. Political activity can be partisan or nonpartisan. Partisan activities are more restricted than nonpartisan political activities, which are not associated with a national or state political party, but involve "stand alone" political issues such as constitutional amendments or municipal ordinances.

Active duty members may engage in many activities when it comes to carrying out their obligations as citizens. However, it is important to note that they may NEVER participate in uniform, may not use government facilities or resources, and may not engage in any activity that would imply Air Force endorsement or support.

AFI 51-902 lists nine activities that Air Force members may participate in:

(1) Register to vote, vote, and express a personal opinion on political candidates and issues, but not as a representative of the Armed Forces.
(2) Make monetary contributions to a political organization.
(3) Attend political meetings or rallies as a spectator when not in uniform.
(4) Join a political club and attend its meetings when not in uniform.
(5) Serve as an election official, if such service is not as a representative of a partisan political party, does not interfere with military duties, is performed while out of uniform, and has the prior approval of the major commander or equivalent authority.
(6) Sign a petition for specific legislative action or a petition to place a candidate's name on an official election ballot, if the signing does not obligate the member to engage in partisan political activity and is done as a private citizen and not as a representative of the Armed Forces.
(7) Write a letter to the editor of a newspaper expressing the member's personal views concerning public issues, if those views do not attempt to promote a partisan political cause.
(8) Display a political sticker on the member's private vehicle, or wear a political button when not in uniform or on duty.
(9) Write a personal letter, not for publication, expressing preference for a specific political candidate or cause, if the action is not of an organized letter-writing campaign on behalf of a partisan political cause or candidate.

Active duty members, however, are subject to many limitations when it comes to political activities. The following is a list of 20 activities that an active duty military member may not participate in.

(1) Use official authority or influence to interfere with an election, to affect its course or outcome, to solicit votes for a particular candidate or issue, or to require or solicit political contributions from others.
(2) Be a candidate for, or hold civil office. If, however, a member is not on extended active duty, enlisted members and reserve officers may hold partisan or nonpartisan civil office if the office is held in a private capacity and does not interfere with the performance of military duties.
(3) Participate in partisan political management, campaigns, or conventions, or make public speeches in the course of such activity.
(4) Allow, or cause to be published, partisan political articles signed or authorized by the member for soliciting votes for or against a partisan political party or candidate.
(5) Serve in any official capacity or be listed as a sponsor of a partisan political club.
(6) Speak before a partisan political gathering of any kind for promoting a partisan political party or candidate.
(7) Participate in any radio, television, or other program or group discussion as an advocate of a partisan political party or candidate.
(8) Conduct a political opinion survey under the auspices of a partisan political group, or distribute partisan political literature.
(9) Perform clerical or other duties for a partisan political committee during a campaign or on election day.
(10) Solicit or otherwise engage in fund-raising activities in federal offices or facilities, including military reservations, for a partisan political cause or candidate.
(11) March or ride in a partisan political parade.
(12) Participate in any organized effort to provide voters with transportation to the polls, if the effort is organized by or associated with a partisan political party or candidate.
(13) Attend, as an official representative of the Armed Forces, partisan political events, even without actively participating.
(14) Engage in the public or organized recruitment of others to become partisan candidates for nomination or election to a civil office.
(15) Make campaign contributions to a partisan political candidate.
(16) Make campaign contributions to another member of the Armed Forces or an officer or employee of the federal government for promoting a political objective or cause.
(17) Solicit or receive a campaign contribution from another member of the Armed Forces or from a civilian officer or employee of the US for promoting a political objective or cause.
(18) Use contemptuous words against the President, Vice President, Congress, the Secretary of Defense, the Secretary of a military department, the Secretary of Homeland Security, or the Governor or legislature of any State or Commonwealth.
(19) Display a large political sign, banner, or poster on the top or side of a member's private vehicle (as distinguished from a political sticker).
(20) Sell tickets for, or otherwise actively promote, political dinners and other such fund-raising events.

Military members must also be aware of their behavior on the Internet. Military members should be careful not to write anything on blogs or social media sites that associate the Air Force with a political view or that solicit contributions. In addition, any messages may not be targeted at subordinates. Be aware that if your user profile names you as a military member, the risk is particularly high that your views may be associated with the military.

The Legal Office is the point of contact for questions about political activities.