Fort Bliss Monitor

Hatch Act outlines acceptable political activity to military

Staff Judge Advocate
Special to The Monitor

With Election Day less than three months away, both military personnel and civilian employees at Fort Bliss need to know the rules regarding their political activities. Somewhat different rules apply to the activities of military personnel than to civilian employees. Military personnel are bound by Department of Defense Directive 1344.10 (which was revised on Aug. 2, 2004), while civilians are governed by the provisions of the Hatch Act.

The fundamental principle in DoDD 1344.10 is that military personnel may not engage in political activities that may be viewed as either directly or indirectly associating DoD with partisan politics. Military members may register, vote and express personal opinions on issues and political candidates, but not as representatives of the Armed Forces. They may make monetary contributions to a political organization and attend partisan and nonpartisan political meetings, rallies or conventions as spectators when not in uniform. They may not, however, use their official authority or influence to interfere with an election, affect its outcome, solicit votes for a particular candidate or issue or require or solicit political contributions from others.

Generally military members may not be candidates for, hold or exercise the functions of civil office. However, the recent change to the regulation states that this prohibition does not apply to any retired regular member or Reserve member serving on active duty under a call or order to active duty that specifies a period of active duty of 270 days or less, provided there is no interference with the performance of military duties.

Military members may not participate in partisan political management, campaigns or conventions (except as spectators when not in uniform.)

They may not make campaign contributions to another member of the Armed Forces or to a federal employee. Further examples of permissible and non-permissible activities for military personnel may be found at Enclosure 3 to DoDD 1344.10, which is available at www.dtic.mil/whs/directives.

Civilian employees of the Army are bound by the Hatch Act. They may be candidates for public office in nonpartisan elections, express personal opinions about candidates and issues, contribute money to political organizations, attend political fundraising functions, attend and be active at political rallies and meetings, be active members of a political party or club, sign nominating petitions, campaign for or against referendum questions, constitutional amendments, and municipal ordinances, campaign for or against candidates in partisan elections, make campaign speeches for candidates in partisan elections, distribute campaign literature in partisan elections and hold office in political clubs or parties.

They may not, however, use their official authority or influence to interfere with an election, solicit or discourage political activity of anyone with business before their agency, solicit or receive political contributions (with limited exceptions), engage in political activity while on duty, in a government office, wearing an official uniform or using a government vehicle or wear partisan political buttons while on duty. Further information for civilian employees, including frequently asked questions, is available from The U.S. Office of Special Counsel at www.osc.gov.

In addition to the rules regulating the conduct of military and civilian personnel, there are restrictions on the use of DoD resources during campaign years. Command newspapers such as The Monitor do not carry campaign news, partisan discussions, cartoons, editorials or commentaries dealing with political campaigns, candidates or issues. Military installations may not provide space or facilities for any activity that can be considered political, such as media events, fundraising or press conferences. Military personnel may not include political material in any speeches, articles or public comments made as representatives of the Army.

These are the broad outlines of the most frequently encountered rules. Questions regarding a particular situation may be addressed to an ethics advisor in the Civil and Administrative Law Division of the Office of the Staff Judge Advocate at 568-0761.



www.bliss.army.mil	Published for the Fort Bliss/El Paso, Texas Community	August 19, 2004

<map name="boxmap-b4"> <area shape="rect" coords="0, 589, 120, 600" href="http://rcm.amazon.com/e/cm/privacy-policy.html?o=1" > <area coords="0,0,10000,10000" href="http://www.amazon.com/exec/obidos/redirect?tag=&creative=92501&camp=8117&link_code=dl1&path=subst/misc/amazon-cobrand-cc/v3/marketing-from-associates-step1.html/ref%3Db1_assoc_29" > </map>	Hatch Act outlines acceptable political activity to military Staff Judge Advocate Special to The Monitor With Election Day less than three months away, both military personnel and civilian employees at Fort Bliss need to know the rules regarding their political activities. Somewhat different rules apply to the activities of military personnel than to civilian employees. Military personnel are bound by Department of Defense Directive 1344.10 (which was revised on Aug. 2, 2004), while civilians are governed by the provisions of the Hatch Act. The fundamental principle in DoDD 1344.10 is that military personnel may not engage in political activities that may be viewed as either directly or indirectly associating DoD with partisan politics. Military members may register, vote and express personal opinions on issues and political candidates, but not as representatives of the Armed Forces. They may make monetary contributions to a political organization and attend partisan and nonpartisan political meetings, rallies or conventions as spectators when not in uniform. They may not, however, use their official authority or influence to interfere with an election, affect its outcome, solicit votes for a particular candidate or issue or require or solicit political contributions from others. Generally military members may not be candidates for, hold or exercise the functions of civil office. However, the recent change to the regulation states that this prohibition does not apply to any retired regular member or Reserve member serving on active duty under a call or order to active duty that specifies a period of active duty of 270 days or less, provided there is no interference with the performance of military duties. Military members may not participate in partisan political management, campaigns or conventions (except as spectators when not in uniform.) They may not make campaign contributions to another member of the Armed Forces or to a federal employee. Further examples of permissible and non-permissible activities for military personnel may be found at Enclosure 3 to DoDD 1344.10, which is available at www.dtic.mil/whs/directives. Civilian employees of the Army are bound by the Hatch Act. They may be candidates for public office in nonpartisan elections, express personal opinions about candidates and issues, contribute money to political organizations, attend political fundraising functions, attend and be active at political rallies and meetings, be active members of a political party or club, sign nominating petitions, campaign for or against referendum questions, constitutional amendments, and municipal ordinances, campaign for or against candidates in partisan elections, make campaign speeches for candidates in partisan elections, distribute campaign literature in partisan elections and hold office in political clubs or parties. They may not, however, use their official authority or influence to interfere with an election, solicit or discourage political activity of anyone with business before their agency, solicit or receive political contributions (with limited exceptions), engage in political activity while on duty, in a government office, wearing an official uniform or using a government vehicle or wear partisan political buttons while on duty. Further information for civilian employees, including frequently asked questions, is available from The U.S. Office of Special Counsel at www.osc.gov. In addition to the rules regulating the conduct of military and civilian personnel, there are restrictions on the use of DoD resources during campaign years. Command newspapers such as The Monitor do not carry campaign news, partisan discussions, cartoons, editorials or commentaries dealing with political campaigns, candidates or issues. Military installations may not provide space or facilities for any activity that can be considered political, such as media events, fundraising or press conferences. Military personnel may not include political material in any speeches, articles or public comments made as representatives of the Army. These are the broad outlines of the most frequently encountered rules. Questions regarding a particular situation may be addressed to an ethics advisor in the Civil and Administrative Law Division of the Office of the Staff Judge Advocate at 568-0761.