Our democracy has regular elections, and with a presidential election coming up this year, we can expect that citizens will have many opportunities to participate in the democratic process. With that in mind, it’s important to be aware of the specific conduct guidelines that apply to military members and federal employees.

Military personnel and civilian employees are encouraged to fulfill their civic duties, which include the right to personally participate in the political process. These rights are protected by the U.S. Constitution, which all military personnel are sworn to support and defend.

Because of this oath, military members and civilian employees also have a duty to ensure that their personal activities do not imply official endorsement by the Department of Defense or the Department of the Air Force. As individuals, we are not required to be politically neutral, but the Air Force and Space Force are. These rules help ensure that the Department of Defense does not influence our country’s electoral process or appear partisan.

Department of Defense Directive 1344.10, Political Activities by Members of the Armed Forces, and individual service regulations outline the permitted and prohibited political activities of active duty, reserve, and retired soldiers. These rules govern how and when soldiers can participate in the political process. Soldiers who violate these policies may be subject to punishment under the Uniform Code of Military Justice and/or other criminal or administrative sanctions. The Hatch Act of 1939 (5 ​​U.S.C. 7321-7326) applies to civilian employees and similarly regulates how and when individuals can engage in personal political activities.

Military members and federal employees are encouraged to participate in the political process, but must be careful not to engage in political activity in the workplace or to use their official positions to advocate for or against political issues. Taking into account the guidelines set forth in DoDD 1344.10 and other regulations, military members should know what they can and cannot do with respect to political activity. The following do’s/don’ts are not exhaustive, and military members and employees should contact their duty station legal department with any questions regarding their personal political activities.

Active military members MAY:

· Register to vote, cast your vote and encourage others to vote as well.

· Express personal opinions on political candidates and issues.

· Write a letter in a newspaper, blog, or social media expressing your personal political views, but if you identify yourself as a military member (for example, if you have a photo of yourself in uniform on your social media), you must include a statement that your views do not reflect those of the Department of Defense or the Department of the Air Force.

· Attend partisan or non-partisan political rallies and clubs as a spectator while off duty. However, military personnel (including retirees) are not permitted to wear uniform.

· Serve as a nonpartisan election official while off duty and out of uniform. However, this requires approval from the Department Secretary (e.g., the Secretary of the Air Force). Contact the appropriate Legal Department for more information.

· Sign petitions for legislative action or to add a candidate’s name to the electoral roll, provided you do so as a private citizen and not as a representative of the armed forces.

· Donate money to a political party, candidate, organization or committee.

· Place a non-offensive bumper sticker on your personal vehicle.

· Wear political T-shirts or buttons when you are not in uniform, performing military duties, or when doing so could give the impression of support from the Ministry of Defense or the DAF.

Active military personnel may NOT:

· Attend any political event (meeting, rally, fundraiser, debate, convention) in uniform, whether partisan or nonpartisan.

· Express personal opinions as if they were the policy of a branch of the military or the Department of Defense.

· Make derogatory remarks about elected officials and Department of Defense/DAF leadership – a potential violation of the UCMJ.

· Organize, lead, sponsor or give lectures at party political events.

· Participate in party political fundraising activities – other than as a donor.

· Place large political signs on your vehicle (larger than a bumper sticker).

· Do not display any political signs, banners, posters, or similar items in your office, work area, or on-base housing (including private residences).

· Participate in the public or organized recruitment of others for political office.

· Do not run for political office without the approval of the Secretary of the Air Force.

· Attempt to influence the view, position or vote of a subordinate.

The Hatch Act regulates the political activities of the Department of Defense and other civilian federal employees. The Hatch Act imposes similar, but not identical, restrictions as those imposed on active duty military personnel. Restrictions on civilian employees are divided into “more restricted” and “less restricted” categories. Most DAF employees are “less restricted,” meaning employees GS-15 and below and Schedule C employees. Civilian federal employees who violate these rules and restrictions face disciplinary action, including reprimand, suspension, discharge, exclusion from federal employment for up to 5 years, and a $1,000 fine.

All civilian federal employees MAY:

· Register to vote, cast your vote and encourage others to vote as well.

· Express personal opinions on political candidates and issues.

· Write a letter to a newspaper, blog or social media expressing your personal political views.

· Attend political fundraisers, rallies and clubs outside of work hours.

· Act as a non-partisan election official.

As an individual, you can sign petitions to take legislative action or put a candidate’s name on the ballot.

· Donate money to a political party, organization or committee.

· Place a non-offensive bumper sticker on your personal vehicle.

· Be a candidate for public office in nonpartisan elections as required by the Office of Personnel Management.

· Do not display or wear political signs, stickers, T-shirts or buttons when you are off duty, in a government building or using a government vehicle.

All civilian federal employees may NOT:

· Abuse your official authority or influence to interfere in or influence an election.

· Soliciting, accepting or receiving political donations.

Use an official title when participating in political activities.

· Engage in political activities while: on duty, in a government building or vehicle, or wearing an official uniform.

· Become a candidate in a partisan election.

· Host or sponsor a political fundraiser (although simply participating in one is acceptable).

Civilians with fewer restrictions CAN:

· Volunteer for party political campaigns

· Attend political rallies and meetings and participate actively (including by speaking).

· join a political party or organisation and hold office there

· Work at polling stations on election day for a candidate for party political office

· Support partisan voter registration campaigns (but not in the workplace).

· Organize and speak at a political fundraiser (but may not solicit or receive donations).

Service members are encouraged to check DoDD 1344.10 And Department of the Air Force Directive 51-508, Political Activities, Freedom of Expression, and Freedom of Assembly to understand permissible political activity.

Civilian employees of the Department of Defense are encouraged to https://osc.gov/Services/Pages/HatchAct-Federal.aspx for more information on the Hatch Act.

All members are encouraged to read the Deputy Secretary of Defense’s February 15, 2024 Memorandum on Political Activities, available at: https://dodsoco.ogc.osd.mil/Portals/102/Documents/Political%20Activities%20Docs/2024%20DSD%20Memo%20on%20Political%20Activities.pdf

The information in this article is for informational purposes only and does not constitute legal advice. If you need further assistance or have any questions or concerns, please contact your installation legal department.