MCCONNELL AIR FORCE BASE, Kan. -- Election season is upon us, and chances are you hold political views – perhaps very strong ones.
Whether military or civilian, you are entitled to engage in the political process. This article lays out some ground rules for which political activities by military members and Department of Defense civilians are permitted and which are not.
While different laws apply depending on whether you are military or civilian (the Hatch Act applies to civilians, while AFI 51-902, Political Activities by Members of the U.S. Air Force, and DoD Instruction 1344.10, Political Activities by Members of the Armed Forces, apply to military personnel), both groups can vote, make monetary contributions to campaigns, attend campaign events or fundraisers, and express their personal opinions on political candidates and issues in a personal capacity – not in an official capacity or as representatives of the United States. This includes appearing to act in an official or representative capacity.
Likewise, there are limitations that apply to civilian employees and military members equally. Neither group may engage in political activity while on duty or in federal buildings. Additionally, they may not solicit or receive political contributions.
Other limitations vary depending on whether you are a DOD civilian, guardsman, reservist, or active duty military member. Civilian employees may volunteer with political campaigns or organizations in their personal capacities. Members of the National Guard and Air Force Reserve may campaign as political candidates while they are not in a military status.
By contrast, active duty military members may not engage in partisan political activities – meaning those political activities that are sponsored by or supported by a political party, group or candidate for office – whether or not they are on duty. Military members cannot organize campaigns, lead fundraisers, serve as officers of clubs, or speak before political gatherings.
Below is a Q&A section on some specific examples of political activity, including social media use.
Q: Can Airman Snuffy write a letter to the editor of a newspaper or, in the alternative, post on Facebook expressing his personal view on a political candidate?
A: Yes, he may do so in a personal capacity so long as the letter or post is not part of a political campaign. Remember, appearances matter, so Airman Snuffy must ensure that he does not even appear to be acting in an official capacity or as a representative of the United States. For example, if Airman Snuffy is identified as a military member, then he must provide a disclaimer stating that the views expressed are his own and not of the DoD. (AFI 51-902, para. 3.7).
Q: Can Mr. John Doe, a DOD civilian, organize a political rally, make phone calls for a candidate, serve as a delegate to a convention, and/or work for a political party to get the vote out?
A: Yes, a DOD civilian may do these things, so long as he does not do so while at work or at a Federal building and refrains from soliciting or receiving political contributions. Note that some individuals, including presidential appointees, SES personnel, and Defense Intelligence Agency employees are subject to further restrictions and would not be permitted to do this. (Standards of Conduct Office Memorandum on Political Activity, January 2018).
Q: Can Lieutenant Smith attend a rally or fundraiser for a political candidate? Likewise, can she accept an invitation to a fundraising event on Facebook?
A: She may attend a rally or fundraiser; however, she cannot attend events in uniform and she must avoid any appearance of DOD endorsement. She can also accept a fundraising event invite on Facebook, however, she cannot post the fundraiser to her personal page, invite others to “like” the event, share it, or otherwise promote it. (AFI 51-902, para. 3.4; DOD Public Affairs Guidance for Political Campaigns and Elections, para. 9.4.3, 2012).
Q: Can either Mr. Doe or Airman Snuffy like, share, or send messages to get others to vote for a political candidate while they are at work, in a Federal building, or during the duty day?
A: No. This prohibition also extends to paid lunchbreaks and teleworking. Note that this rule applies when encouraging others to vote for a particular candidate (or issue). It does not apply to encouraging others to exercise their right to vote in general. (AFI 51-902, para. 3.1-3.2; DODI 1344.10, paras. 4.1.2.3 & 4.1.1.6).
Q: Can Lieutenant Smith post a large banner (one that runs the width and length of the passenger door of her personal vehicle) in support of a political party?
A: No. Similarly, she cannot post a large banner in her yard if she lives on a military installation, including privatized communities. However, she may post a small sign in her yard or bumper sticker on her personal vehicle. (AFI 51-902, paras. 3.10, 4.1.11, 4.1.12).
Q: Can Airman Snuffy post pictures of himself in uniform on Facebook and also post political content on his page?
A: Yes, so long as an inference of official sponsorship for the activity or interest cannot be drawn. He should post a disclaimer stating that the views expressed are of the individual only and not those of the Air Force or DOD. (AFI 51-902, para. 3.7; DoDI 1334.01, para. 3.1.2).
Q: Can Lieutenant Smith provide her official title and her political affiliation in her biographical information on LinkedIn?
A: Yes. However, she cannot use her official title when posting messages directed at the support or failure of a political group, candidate, or party. (5 CFR 2635.807(b); DoD Public Affairs Guidance for Political Campaigns and Elections, para. 9.4.2, 2012).
Q: Can I talk politics at work?
A: This is a little fuzzy. Political activity in the workplace or on duty is not allowed. Whether expressing an opinion counts as “political activity” depends on the circumstances. But as a practical matter, politics tend to be a highly sensitive issue. A safe practice is to avoid discussing politics in the workplace.
If you have specific legal questions regarding political involvement and/or social media use, please call the Legal Office at 316-759-3590 to request a legal assistance appointment.