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Rhino
03-09-2001, 05:07 AM
BEST45CAL
Forum Host Beastie
posts: 222
(2/22/01 3:16:07 am)
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Military Personnel and Political Activities
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Political Activities: What you can and cannot do as an active duty member of the armed forces.

Federal Law (Titles 10, 2, and 18, United States Code), Department of Defense (DOD) Directives, and specific military regulations strictly limit a military active duty person's participation in partisan political activities.

DOD defines "partisan political activity" as "activity supporting or relating to candidates representing, or issues specifically identified with, national or State political parties and associated or ancillary organizations."

A "Nonpartisan political activity is defined as "activity supporting or relating to candidates not representing, or issues not specifically identified with, national or State political parties and associated or ancillary organizations. Issues relating to constitutional amendments, referendums, approval of municipal ordinances, and others of similar character are not considered under this Directive as specifically being identified with national or State political parties."

The military wants its personnel to participate in our democratic process -- within limits. DOD encourages active duty military members to vote, and has established several programs to help active duty personnel to register and cast absentee ballots. What career military officer or senior NCO has never had to pull a stint as unit "voting officer," or "voting NCO?" But, when it comes to actively campaigning for a specific political candidate or partisan objective, the military draws the line.

Here's what an active duty military person can/cannot do:

Can: Register, vote, and express a personal opinion on political candidates and issues, but not as a representative of the Armed Forces.

Cannot: Use contemptuous words against the officeholders described in 10 U.S.C. 888 (10 U.S.C. 888 lists the following officeholders: President, the Vice President, Congress, the Secretary of Defense, the Secretary of a military department, the Secretary of Transportation, or the Governor or legislature of any State, Territory, Commonwealth, or possession in which the military member is on duty).

Can: Promote and encourage other military members to exercise their voting franchise, if such promotion does not constitute an attempt to influence or interfere with the outcome of an election.

Cannot: Use official authority or influence to interfere with an election, affect the course or outcome of an election, solicit votes for a particular candidate or issue, or require or solicit political contributions from others.

Can: Make monetary contributions to a political organization, party, or committee favoring a particular candidate or slate of candidates, subject to monetary limitations under federal law.

Cannot: Make campaign contributions to another member of the Armed Forces or an employee of the Federal Government.

Cannot: Make campaign contributions to a partisan political candidate.

Cannot: 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.

Cannot: Solicit or otherwise engage in fundraising activities in Federal offices or facilities, including military reservations, for a partisan political cause or candidate.

Can: 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 and not as a representative of the Armed Forces.

Can: Write a letter to the editor of a newspaper expressing the member's personal views on public issues or political candidates, if such action is not part of an organized letter-writing campaign or concerted solicitation of votes for or against a political party or partisan political cause or candidate.

Cannot: Allow or cause to be published partisan political articles signed or written by the member that solicits votes for or against a partisan political party or candidate.

Can: Join a political club and attend its meetings when not in uniform.

Cannot: Serve in any official capacity or be listed as a sponsor of a partisan political club.

Cannot: Speak before a partisan political gathering of any kind for promoting a partisan political party or candidate.

Cannot: Participate in any radio, television, or other program or group discussion as an advocate of a partisan
political party or candidate.

Cannot: Conduct a political opinion survey under the auspices of a partisan political group or distribute partisan political literature.
Cannot: Sell tickets for, or otherwise actively promote, political dinners and other such fund-raising events.

Can: Attend political meetings or rallies as a spectator when not in uniform.

Cannot: Attend partisan political events as an official representative of the Armed Forces.

Cannot: March or ride in a partisan political parade.

Can: 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 the prior approval of the Secretary concerned or the Secretary's designee.

Cannot: Participate in partisan political management or campaigns, or make public speeches in the course thereof.

Cannot: Perform clerical or other duties for a partisan political committee during a campaign or on an Election Day.
Cannot: 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.

Can: Display a political sticker on the member's private vehicle.

Cannot: Display a large political sign, banner, or poster (as distinguished from a bumper sticker) on the top or side of a private vehicle.

Cannot: Campaign as a nominee, or as a candidate for nomination, for civil office, except as authorized directly below.

Can: As long as they are not serving on EAD (Extended Active Duty, which equals 270 days), enlisted members and Reserve officers may hold partisan or nonpartisan civil office if such office is held in a private capacity and does not interfere with the performance of military duties. Additionally, enlisted members on EAD may seek and hold nonpartisan civil office as a notary public or member of a school board, neighborhood planning commission, or similar local agency, as long as such office is held in a private capacity and does not interfere with the performance of military duties. Officers on active duty may seek and hold nonpartisan civil office on an independent school board that is located exclusively on a military reservation.

Note: A member elected or appointed to a prohibited civil office may request retirement and shall be retired if eligible for retirement. If such member does not request or is not eligible for retirement, the member shall be discharged or released from AD, as determined by the Secretary concerned.
"Wise men learn more from fools than fools learn from the wise."


tacitus c
Forum Host
posts: 1193
(2/22/01 7:50:03 am)
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Re: Military Personnel and Political Activities
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Quote:
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Cannot: Use contemptuous words against the officeholders described in 10 U.S.C. 888 (10 U.S.C. 888 lists the following officeholders: President, the Vice President, Congress, the Secretary of Defense, the Secretary of a military department, the Secretary of Transportation, or the Governor or legislature of any State, Territory, Commonwealth, or possession in which the military member is on duty).
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Glad I'm retired, otherwise they would have shot me years ago.

"No man can establish himself by wickedness,but good men have roots that cannot be dislodged" Proverbs 11:3


The Sonarman
Forum Host
posts: 426
(2/22/01 12:42:22 pm)
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Re: Military Personnel and Political Activities
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Same here, Tacitus
Qui desiderat pacem, praeparet bellum (Epitoma rei militaris, Prologue, 3)