Department of Defense "Do's and Don'ts" for the 2012 Election Year Published Sept. 14, 2012 By 97th Air Mobility Wing Staff Judge Advocate Office ALTUS AIR FORCE BASE, Okla. -- With a presidential election on the horizon, talks about political candidates and parties are sure to enter the minds of employees while in the workplace. As an American citizen you have a right and duty to participate in the political process including voting and encouraging others to vote. However, because of the special role and responsibility we have as members of the Department of Defense, there are restrictions limiting our involvement in political activities. As a general matter, activity is political if its primary purpose involves activity directed toward the success or failure of a political party or organization or the election of a partisan candidate. Military Personnel The primary guidance for Airmen is AFI 51-902, Political Activities By Members of the US Air Force, which is based on DOD Directive 1344.10, Political Activities by Members of the Armed Forces. Generally, Airmen must not act in any manner that reasonably gives rise to the inference of sponsorship, approval, or endorsement of candidates for political office by the Air Force or DOD. Additionally, Airmen must ensure that comments regarding elected officials remain respectful regardless of the venue. For officers, Article 88 of the Uniform Code of Military Justice prohibits using 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, territory, commonwealth, or possession in which he or she is on duty or present. Enlisted personnel who make derogatory or disrespectful statements about political leaders may violate Article 134 of the UCMJ when their military status is associated with the statements, such as making these comments on a social networking site where the member's employment with the Air Force is also listed. In general, active duty service members may: · vote; · express personal opinions about political candidates and issues, but not as a representative of the U.S. military; · join a political club and attend partisan and nonpartisan political meetings, debates, conventions, or activities as a spectator, when not in uniform; · sign a petition to place a candidate's name on an official election ballot; · make monetary contributions to a political campaign or party; · display a political bumper sticker on a personal vehicle; · write a letter to the editor or post on a blog stating a personal opinion (the opinion must specify that the stated views are those of the individual and not of the DOD, and may not solicit votes for or against a partisan candidate); · participate in nonpartisan activities that are not specifically identified with a political party, such as a referendum question or a municipal ordinance on, for example, tax or environmental issues. In general, active duty service members may not: · actively participate in partisan political activities, including fundraisers (mere attendance does not constitute participation); · serve as an officer of a political club; · speak at a partisan gathering or participate in any radio or television programs (including organized blog debates or discussions) that advocate for or against a political party, candidate, or cause; · seek nomination or candidacy for civil office (see DODD 1344.10 for limited exceptions); · donate directly (i.e., personal check) to a candidate that is a current employee of the federal government; · display a large political sign, banner, or poster (as distinguished from a normal-sized bumper sticker) on a personal vehicle; · display a political sign, poster, banner, or other campaign material visible to the public at one's residence on a military installation (including homes located in privatized housing); · attend political events as an official representative of the Armed Forces unless authorized by the Service Secretary concerned. Additionally, National Guard and Reserve members should be aware that while they have wider latitude to engage in political activities, they must not do so in uniform and, similar to active duty personnel, must not act in any manner that reasonably gives rise to the inference of approval or endorsement of candidates for political office by the Air Force or DOD. DOD Civilian Personnel The Hatch Act and DOD policy govern civilian employees' participation in political activities. While civilian employees are able to engage in wider range of political activities than military personnel, civilian employees must also be careful to ensure their personal opinions and activities are not seen as representing the official views of the Air Force or the DOD. Violating the Hatch Act may subject a civilian employee to discipline up to and including removal from the federal service but in no case less than a suspension of 30 days without pay. In general, all DOD civilian employees may: · vote; · express personal opinions about political candidates and issues; · make monetary contributions to a political campaign or party (except while on duty or using government equipment); · display a political bumper sticker on a personal vehicle; · attend political events; · sign a petition to place a candidate's name on an official election ballot; · display a political sign at one's personal residence; · participate in nonpartisan activities that are not specifically identified with a political party, such as a referendum question or a municipal ordinance on for example, tax or environmental issues. In general, all DOD civilian employees may not: · participate in any political activity while on duty or in a federal building; · use the insignia of a government office or any aspect of one's official authority while participating in political activities; · solicit, accept, or receive political contributions, regardless of when or where these actions take place; · display campaign photos, posters, banners, bumper stickers, screen savers, t-shirts, buttons or other campaign materials in a federal building; · engage in political activity while using a government-owned or leased vehicle; · host a fundraiser for a partisan candidate: · run for public office in a partisan election. This listing is only a snapshot of the permissible and restricted activities of federal civilian employees. Further guidance for federal civilians can be found on the U.S. Office of Special Council website at http://www.osc.gov/hatchact.htm. Social Media It is important to highlight that the rise of social networking sites poses greater opportunity to engage in political activities and thus poses unique challenges to members of the Department of Defense. The general guidance presented above will also apply to political activities engaged in via social networking sites. For additional guidance on social media use, contact the 97th Air Mobility Wing Public Affairs office at 481-7700. For questions about political activities, please contact the 97th AMW legal office at 481-7294.