Presidential Election: Do's and Don'ts During Election Season

  • Published
  • By Capt. Brant F. Whipple and Capt. Andre Pennington
  • 21st Space Wing Legal Office
With the Presidential election fast-approaching, it is important that Air Force members remember their rights and responsibilities regarding political activities.
This article is not intended to be a complete guide, but rather a quick reference on the "Do's" and "Don'ts" for big issues that arise during election time that should help Airmen avoid common and major pitfalls.

Do's: Military members may:
· Register to vote, vote, and express a personal opinion on political candidates and issues, but not as a representative of the Armed Forces;
· Contribute to political organizations (but not particular candidates), attend meetings and rallies as a spectator when not in uniform, display political stickers on personally-owned vehicles, and wear political buttons when not in uniform or on duty;
· Serve as an election official, if such service is not as a representative of a partisan political party, does not interfere with military duties, is performed while out of uniform, and has prior approval of the major command commander (approval authority may be delegated to the installation commander);
· Sign a petition for specific legislative action or a petition to place a candidate's name on an official election ballot if the signing does not obligate the member to engage in partisan political activity and is done as a private citizen;
· Write a letter to the editor of a newspaper expressing the member's personal views concerning public issues, if those views do not attempt to promote a partisan political cause;
· Write a personal letter, not for publication, expressing preference for a specific political candidate or cause, if the action is not part of an organized letter-writing campaign on behalf of a partisan political cause or candidate.

Don'ts: Military members may not:
· Use official authority or influence to interfere with an election, to affect its course or outcome, to solicit votes for a particular candidate or issue, or to require or solicit political contributions from others;
· Be a candidate for civil office or hold civil office, except as authorized by DoDD 1344.10, para 4.2 and 4.3;
· Participate in partisan political management, campaigns, or conventions, or make public speeches in the course of such activity;
· Allow, or cause to be published, partisan political articles signed or authorized by the member for soliciting votes for or against a partisan political party or candidate;
· Serve in any official capacity or be listed as a sponsor of a partisan political club;
· Speak before a partisan political gathering of any kind for promoting a partisan political party or candidate;
· Participate in any radio, television, or other program or group discussion as an advocate of a partisan political party or candidate;
· Conduct a political opinion survey under the auspices of a partisan political group or distribute partisan political literature;
· Perform clerical or other duties for a partisan political committee during a campaign or on election day;
· Solicit or otherwise engage in fund-raising activities in federal offices or facilities, including military installations, for a partisan political cause or candidate;
· March or ride in a partisan political parade;
· Participate in any organized effort to provide voters with transportation to the polls if the effort is organized by or associated with a partisan political party or candidate;
· Attend, as an official representative of the Armed Forces, partisan political events, even without actively participating;
· Engage in the public or organized recruitment of others to become partisan candidates for nomination or election to a civil office;
· Make campaign contributions to a partisan political candidate;
· Make campaign contributions to another member of the Armed Forces or an officer or employee of the federal government for promoting a political objective or cause;
· Solicit or receive a campaign contribution from another member of the Armed Forces or from a civilian officer or employee of the United States for promoting a political objective or cause;
· Use contemptuous words against the office holders described in Art 88, UCMJ (for officers) and AFI 51-902 (for officers and enlisted);
· Display a large political sign, banner, or poster on the top or side of a member's private vehicle;
· Sell tickets for, or otherwise actively promote, political dinners and other such fund-raising events.

Do's: Civilian employees may:
· Be candidates for public office in nonpartisan elections
· Register to vote and vote
· Assist in voter registration drives
· Express personal opinions about candidates or issues
· Attend and be active at political rallies and meetings
· Sign nominating petitions
· Campaign for or against candidates in partisan elections (but not in the federal workplace)
· Hold office in political clubs or parties

Dos: Civilian employees may not:
· Use their official authority or influence to interfere with an election
· Collect political contributions
· Engage in political activity while on duty (defined as an activity directed toward the success or failure of a political party, candidate for partisan political office, or a partisan political group)
· Wear political buttons while on duty
· Be a candidate for public office partisan elections
· Solicit political contributions from the general public

An Airman or civilian who observes a violation of any of these rules should report them no differently than reporting any other violation--through the chain of command. An Airman should notify his/her commander (or his /her commander's commander as the case may be), and a civilian should notify his/her supervisor.

The source for this material was "The Military Commander and the Law", Eighth Edition, 2006. For more information, consult AFI 51-902, DoDD 1344.10, The Hatch Act (5 USC 7321-7326), Title V of the Code of Federal Regulations, and the Joint Ethics Regulation. For more information, please contact the 21 SW Staff Judge Advocate office at 556-4871.