DoD personnel participating in politics – a primer

Department of Defense personnel, both military and civilian, often wonder where the line is when it comes to political activities. With election activity steadily picking up, now is a good time to brush up on rules regulating such involvement. Two main sets of rules help protect the integrity of the DoD throughout the political cycle: DoD Directive 1344.10 for active-duty service members and the Hatch Act for everyone.

Why do these rules exist in the first place? They are designed to prevent military members’ or federal civilian employees’ participation in political activities that imply - or even appear to imply - official sponsorship, approval or endorsement. The primary concern is that actual or perceived partisanship from the DoD could undermine the legitimacy of the military profession and department.

That is not to suggest, however, that military members and civilian employees can’t participate in politics. In fact, the DoD has a long-standing policy of encouraging members to carry out the obligations of citizenship. Military and civilian personnel alike can and should register to vote and vote as they choose. In addition, they are welcome to sign nominating petitions for candidates, donate money to political organizations, and express their personal opinions about candidates and issues.

Where do people go wrong? With all of the permissible political activities, pains must be taken to ensure that they are not - or aren’t perceived as -- representatives of the Armed Forces in carrying out these activities. In the past, service members have landed in hot water for attending campaign rallies or taking pictures with political candidates while in uniform or by saying things like “the Navy loves (insert candidate name).” Civilian employees, who have fewer restrictions, have gotten in trouble for turning their vehicles into campaign platforms in government parking lots (one normal sized bumper sticker is permitted, but larger displays are not) or by actively campaigning for a partisan political office.

If you plan on participating in politics this election season beyond merely voting, the best way to steer clear of controversy is to read the relevant instructions that govern you as a service member or a civilian. Avoid any activity that may be reasonably viewed as directly or indirectly associating DoD or the military with a partisan political activity, or that “is otherwise contrary to the spirit or intent” of the rules. When in doubt, ask your JAG or legal advisor.

More details about the Hatch Act can be found at https://osc/gov/Pages/HatchAct.aspx