Election season dos and don'ts: A quick guide to political activities of service members, federal employees

  • Published
  • By Capt. Mike Kirkland
  • 5th Bomb Wing Legal Office
MINOT AIR FORCE BASE, N.D. --  Voting time is here again, but when is it not election season? From referendums to primary campaigns, voting season never rests. It is important to remember that even though Americans have a constitutional right to freedom of speech, certain restrictions apply for members of the armed forces and federal civilian employees when it comes to election regulations.

Below is a short list of the rules and regulations in regards to political activities for military members as well as FCE's. For more detailed guidance and a complete list of permissible and impermissible activities, Air Force members should refer to AFI 51-902, Political Activities by Members of the U.S. Air Force. FCE's should refer to the Hatch Act, 5 U.S.C.A. § 7324 and the Deputy Secretary of Defense Memorandum on Civilian Employees' Participation in Political Activities, dated 31 May 2006. For any questions concerning election regulations, contact the Legal Office during normal duty hours or contact your Union Representative.

Legal Assistance Walk-In Hours:
Wednesday - 1200 - 1330
Thursday - 0900 - 1030

Military Members
Permitted to:
· Vote
· Make monetary contributions to a political organization or political committee favoring a particular candidate or slate of candidates.
· Attend political meetings or rallies as a spectator when not in uniform.
· Join a political club and attend its meetings when not in uniform.
· Sign a petition if the signing does not obligate the member to engage in partisan political activity and is done as a private citizen and not as a representative of the Armed Forces.
· Write a letter to the editor of a newspaper expressing the member's personal views concerning public issues, so long as those views do not attempt to promote a partisan political cause.
· Display a political sticker on the member's private vehicle.


Prohibited from:
· Using official authority or influence to interfere with an election.
· Being a candidate for or hold civil office, except for certain exceptions.
· Participating in partisan political campaigns, management or conventions.
· Speak before a partisan political gathering of any kind for promoting a partisan political party or candidate.
· Marching or riding in a partisan political parade.
· Making campaign contributions to a partisan political candidate.
· Using contemptuous words against the office holders described in Title 10, United States Code, Section 888.
· Display a large political sign, banner, or poster on the top or side of a member's private vehicle (as distinguished from a political sticker).

Federal Civilian Employees
Permitted to:
· Vote.
· Be a member of a political party or partisan group.
· Serve as officers of a political party or partisan group.
· Participate in a political convention, caucus, or rally.
· Display a political sticker or button (off-duty only).
Prohibited from:
· Receiving or soliciting political contribution.
· Conducting any political activity that creates a real or apparent conflict of interest with the full and impartial performance of their official duties.