AEDC Legal office provides political activity guidance to team members: Do's and Don'ts for DOD employee political activities

  • Published
  • By Eric Norton
  • AEDC Staff Judge Advocate Office
As we draw near to the end of another presidential election cycle it is prudent that we take a moment and recall what activities government personnel – both civilian and military – can and cannot participate in regarding partisan political activity.

The following is general guidance and is not meant to be an exhaustive list of do’s and do not’s, but rather a tool to help each individual Department of Defense employee decide what activities they can legally take part in when it comes to partisan politics.

As a reminder, military members are subject to DOD Directive 1344.10, Political Activities by Members of the Armed Forces. Air Force military personnel are also required to follow Air Force Instruction (AFI) 51-902, Political Activities by Members of the Air Force, which states in part: While on active duty, however, members are prohibited from engaging in certain political activities as proscribed below in order to maintain good order and discipline and to avoid conflicts of interest and the appearance of improper endorsement in political matters.

DODD 1344.10 and AFI 51-902 set out an extensive list of both permitted and prohibited activities. Some permitted activities include registering to vote, voting, displaying a political bumper sticker on your private vehicle and expressing personal opinions on political candidates and issues, but not as a representative of the Armed Forces.

A few prohibited activities include engaging in partisan fundraising activities in federal offices or facilities for political causes or candidates, using official authority or influence to interfere with an election and speaking before a partisan political gathering.

For the complete list of permitted and prohibited activities, please refer to the DODD and AFI referenced above and available at the link http://www.dtic.mil/whs/directives/corres/pdf/134410p.pdf.
For civilian employees, the rules regarding political activities are in a Federal law called the Hatch Act (Title 5, US Code, Sections 7321 –7326) and its implementing regulations (Title 5, Code of Federal Regulations, Part 734).

The Hatch Act is administered and enforced by the U.S. Office of Special Counsel (OSC). OSC guidance provides “generally, federal employees can avoid violating the Hatch Act if they (1) do not engage in political activity while on duty or in the workplace; (2) do not engage in political activity in an official capacity at any time; and (3) do not solicit or receive political contributions at any time.”

For further information on the Hatch Act, please refer to the OSC website for a list of frequently asked questions at, https://osc.gov/Pages/HatchAct-FAQs.aspx.

It is important to highlight for both military members and civilian employees that the use of common social media sites such as Facebook, Twitter, etc., does not exempt or shelter you from complying with applicable laws and regulations.

For example, if you are a member of the military and your social media site identifies you as such, then your posts must clearly and prominently state that the views expressed are those of you as an individual only and not those of the Department of Defense or your service. Also, when an active duty military member posts or links to specific political parties or candidates it is interpreted by the DOD as distributing literature for the party or candidate, which is prohibited by DODD 1344.10.

Political activity for civilian employees involving social media sites, and other partisan activities, can quickly lead to Hatch Act violations. For an extensive review of permitted and prohibited activity please go the OSC web site at https://osc.gov/Pages/The-Hatch-Act-Frequently-Asked-Questions-on-Federal-Employees-and-the-Use-of-Social-Media-and-Email.aspx.

As citizens, it is our duty and our privilege to engage in the political process. As government employees we have an obligation to ensure our opinions, activities and social media posts do not appear to be an effort on our part to influence the outcome of any election. We must exercise our rights and responsibilities with due diligence to stay within the confines of law and regulation.

Finally, don’t forget that Election Day is Nov. 8. The polls in Tennessee are open from 7 a.m. – 7 p.m. Early voting in Tennessee starts Oct. 19. The last day to apply for an absentee ballot is Nov. 1 and the application must be received by this date. Early voting ends Nov. 3.

For more information on the Tennessee voting calendar please go to the Tennessee Secretary of State website at http://sos.tn.gov/products/elections/election-calendar-2016.
If you have any additional questions, please contact the AEDC Public Affairs Office at 454-4204 or the Legal Office at 454-7814.

-AEDC-