Office of the Staff Judge Advocate

POLITICAL ACTIVITIES OF MILITARY PERSONNEL

Introduction

The political activities of officers and enlisted members of the Active Army, the USAR, and the ARNG are governed by DODD 1344.10 and AR 600-20, paragraph 5-3. The Hatch Act Amendments, 5 U.S.C. §§ 7321 - 7325, and 5 C.F.R. Part 733, only apply to civilian Federal employees (including Federal technicians employed by the National Guard and USAR). The Hatch Act does not apply to military members.

The restrictions in AR 600-20 apply to soldiers on active duty, which is defined as full-time duty in the active military service of the United States without regard to duration or purpose, including active duty for training, annual training, attendance at military schools, and full-time National Guard duty. They do not apply to inactive duty for training, or to National Guard soldiers serving in state status.

Full-time National Guard duty is defined in 10 U.S.C. § 101(d)(5) as training or other duty, other than inactive duty, performed by a member of the Army National Guard of the United States in the member's status as a member of the National Guard of a State or Territory, under 32 U.S.C. §§ 316, 502, 503, 504, or 505, (drills, field exercises, and attendance at military schools) for which the member is entitled to pay from the U.S. or for which the member has waived pay from the U.S.

Soldiers on Active Duty May:

1. Register, vote, and express their opinions on political candidates and issues, but not as representatives of the Armed Forces;

2. Attend partisan and nonpartisan political meetings or rallies as spectators, however, they may not attend: (a) in uniform, (b) during duty hours, (c) when violence is likely to result, or (d) when their activities constitute a breach of law and order;

3. Make monetary contributions to a political organization, but not to other members of the Armed Forces on active duty or employees of the Federal Government, and subject to the following:

a. 18 U.S.C. § 607 prohibits anyone "receiving any salary or compensation for services from money derived from the Treasury of the United States" to solicit a political contribution from any other such person;

b. 18 U.S.C. § 603 prohibits officers and employees of the Federal Government, and anyone "receiving salary or compensation for service from money derived from the Treasury of the United States" from making a political contribution to any other such person who is the "employer or employing authority" of the contributor;

1). This prohibits both contributions to the individual and to the individual's campaign committee, but does not prohibit contributions to political parties;

2). In 1991, the Counsel to the President issued an opinion that this statute "may prohibit any Federal employee from contributing to the authorized campaign committee of the President;"

4. May encourage other military members to vote;

5. Serve as an election official, if such service (a) is not in uniform, (b) does not interfere with military duties, and (c) has the prior approval of the installation commander;

6. Sign a petition for legislative action or to place a candidate's name on the ballot, but only in the soldier's personal capacity;

7. Write a letter to the editor expressing personal views, and place bumper stickers on cars (but not large banners or posters).

Soldiers on Active Duty May Not:

1. Use their official authority or influence for interfering with an election, soliciting votes for a particular candidate or issue, or requiring or soliciting political contributions from others;

2. Participate in partisan political management, campaigns, or conventions;

3. Write and publish partisan political articles that solicit votes for or against a partisan political party or candidate, speak before partisan political gatherings, or participate in partisan political radio or television shows;

4. Serve in any capacity or be listed as a sponsor of a partisan political club;

5. Distribute partisan political literature or conduct a political opinion survey under the auspices of a partisan political group;

6. Use contemptuous words against the President, Vice President, Congress, the Secretaries of the military departments, Defense, or Transportation, and the Governors or legislatures of any state or territory where the soldier is on duty;

7. Engage in fund-raising activities for partisan political causes on military reservations or in Federal offices or facilities;

8. Attend partisan political events as official representatives of the Armed Forces.

Running for office

1. Enlisted members not on extended active duty (EAD is active duty under a call or order in excess of 180 days) and USAR and ARNG officers who are not on active duty may be candidates for and hold elected offices.

a. They may not wear uniforms when engaged in any activity in furtherance of a political interest. Wearing Army uniforms is never allowed when engaged in political activity, whether or not the person is on duty, and regardless of his or her status.

b. They may hold elected office only in a personal capacity.

c. They may not hold office that interferes with their official military duties.

2. Soldiers on active duty, including USAR and ARNG, generally may not campaign for or hold elected office in the U.S. government, or the Government of any state or territory or any political subdivision thereof.

a. Enlisted members on extended active duty may seek and hold nonpartisan civil office (an election in which none of the candidates is affiliated with a political party) as a notary public, member of a school board, neighborhood planning commission, or similar local agency as long as the office is held in a private capacity and does not interfere with military duties.

b. Installation commanders may allow a soldier to file for elective office, but this does not authorize prohibited partisan political activity. This would apply to a soldier about to be discharged or released from active duty.

Contact the Office of the Staff Judge Advocate, Administrative and Civil Law Division, if you have any questions (791-2979). This article is based on an information paper prepared by the Army Standards of Conduct Office.