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Keep it legal: Advisor shares servicemember election year guidance

  • Published
  • By Lt. Col. Cindy Holt
  • U.S. Air Force Office of the Judge Advocate General
WASHINGTON --  With the 2008 elections before us, all active-duty military members, including Air force and National Guardsmen while in Title 10 Status, should be aware of limitations and restrictions on their support of partisan political activities.

The department of Defense has a longstanding policy that military personnel should not engage in activities that associate the Armed Forces with any partisan political campaign or election, candidate, cause or issue.

Military members may express personal opinions on political candidates and issues-but not as representatives of the Armed Forces. DOD Directive 1344.10, Political Activities by Members of the Armed Forces, and Air Force Instruction 51-902, Political Activities by Members of the U.S. Air Force, provide most of the do's and don'ts for engaging in political activities and expressing personal opinions without the appearance of official conduct.

Violations of both regulations are punishable under Article 92 of the Uniform Code of Military Justice. As national and state elections draw near, active-duty and reserve component members should review the rules, understand the limits and exercise good judgment.

Some key judgment points to think about:

-- Attending a political campaign or election event and have nothing to wear? Leave your uniform in the closet. AFI 36-2903, Dress and Personal Appearance of Air Force Personnel, prohibits wearing your uniform.

-- You've been asked to advocate a party, candidate or cause and cant wit for the opportunity to practice your public speaking skills. Say, "No thanks." DODD 1344.10 paragraph 4.1.2 prohibits speaking before partisan gatherings and participating in radio, television, or other group discussions advocating a political party or candidate's position or cause.

-- Want to write your editor about a candidate's position on health care? Start typing. You may write your personal views to the editor of a newspaper (subject to a disclaimer that it's not DOD's view). But otherwise allowing or causing your views to be published in a partisan political article that solicits votes for a party, candidate or cause is specifically prohibited under DODD 1344.10, paragraph 4.1.2.

-- Ready to show-off that new bumper sticker? Stick away on your personal auto, but stop short of the big banner across your tailgate.

-- Eager to join a political club? Feel free to sign up, but leave your uniform at home. Attend in your personal capacity, and be aware that you may not serve in an official capacity or be listed as a sponsor.

-- Want to attend Congresswoman Smith's rally on base? Let's hope there isn't a rally on base. Installation commanders must ensure that candidates who visit military installations do not engage in any political campaign or election activity.

-- What else can you do? Vote, and encourage others to register and vote. Stay informed. Donate money to an organization, party or committee favoring a candidate, and sign a petition to place a candidate's name on the ballot- as long as you do so as a private citizen. Attend partisan fundraisers, rallies and activities off-duty in civilian clothes as a spectator, where there is no reasonable inference of official endorsement. You can express your personal opinions, but exercise caution to avoid the inference that it is official. Keep in mind that military members do not have an unrestricted right of free speech. For example, UCMJ Article 88, Contempt toward officials; Article 92, Failure to obey order or regulation; Article 93, Cruelty and maltreatment; and Article 107, False official statements. Everyone needs to use good judgment.

This is just a brief review of the rules. Military members considering assisting, soliciting, promoting, advertising or fundraising for a partisan political campaign, should review the rules first and consult a staff judge advocate with questions.

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