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Law Restricts Political Involvement of Military

Jan 15, 2008
BY Chris Rasmussen

FORT JACKSON, S.C. (Army News Service, Jan. 15, 2008) - As the election year kicks off, there are many questions concerning Army policies that restrict both political activities by Soldiers and Department of Defense Civilians, and candidates' use of DOD facilities for political events.

According to Army Regulation 360-1, political candidates are prohibited from using military installations for political assemblies, meetings, fund-raising events, press conferences or any other activity that could be construed as political in nature.

"Once a candidate declares, registers, etc., that portion of the guidance applies," said Ed Spells, chief of policy and doctrine, Army Public Affairs Center.

Members of Congress, even if they are up for re-election, may visit Army installations to receive briefings, attend official events and receive tours.

Candidates who are not members of Congress may be given the same access to installations as any other visitor. Prior to visiting an installation, all political candidates must be informed that all political activity and media events are prohibited.

Candidates are not permitted to film or tape campaign commercials in front of military equipment or Army installations and facilities. Army support to political meetings, ceremonies or similar events, including Soldiers, bands and color guards, is also not allowed.

In addition to restrictions on candidates, Soldiers and federal employees are also limited when it comes to political participation.

"The political campaign season is upon us, with caucuses and primaries busting out all over," said Col. Donald Curry, U.S. Army Training and Doctrine Command staff judge advocate. "As Soldiers and federal employees, our activities in this regard are governed by federal law, Department of Defense directives and Army regulation.

"Active-duty servicemembers and federal Civilian employees are encouraged to get involved in political activities and fulfill their obligations as United States citizens," he added. "However, certain political activities that create a real or apparent conflict of interest with their federal employment are expressly prohibited."

While serving on active duty or working as a federal employee, certain political activities and types of speech are prohibited.

Servicemembers may participate in local nonpartisan political activities as long as they are not in uniform and the activity does not require government property or resources, interfere with official duties or imply government involvement. But they must refrain from participating in political activities while in uniform or while wearing official insignias, according to Curry, and avoid activities prejudicial to the performance of military duties or likely to bring discredit on the service.

Soldiers on active duty and Army Civilians are prohibited from engaging in the following political activities:

• Using one's official authority to influence or interfere with an election; soliciting votes for a particular candidate or issue and soliciting political contributions from others.

• Running for the nomination or as a candidate for election, to a partisan political office or holding such political office to include state or local civil office.

• Participating in partisan political management, campaigns and conventions or making speeches before a partisan political gathering, including any gathering that promotes a partisan political party, candidate or cause.

• Attending partisan events as an official representative of the Armed Forces or serving in any official capacity as a sponsor of a partisan political club.

• Displaying large political signs, banners or posters on private vehicles.

• Promoting political dinners or fundraising events, distributing partisan political literature, or conducting a political opinion survey under the auspices of a political partisan group.

• Participating in any radio, television or other program or group discussion as an advocate for or against a partisan political party, candidate or cause.

• Soliciting or otherwise engaging in fundraising activities in federal offices or facilities for a partisan political cause or candidate, including selling tickets for political dinners and similar fundraising events.

• Making a contribution to, or receiving a contribution from, another member of the Armed Forces or a federal Civilian employee for the purpose of promoting a political objective or cause, giving speeches, writing articles or providing public comments, which contain political material in one's capacity as a service representative.

(Chris Rasmussen writes for the Fort Jackson "Leader.")