How you can — and can’t — be politically active - Military Law, Military Law Advice, Ask a Lawyer - Air Force Times

How you can — and can’t — be politically active

I was at the Air Force-Navy football game when a friend pointed out a large political sign on a car in the stadium parking lot and asked me if someone in the military was allowed to do that.

When such questions arise, the authority to consult is Defense Department Directive 1344.10, most recently updated on Feb. 19 and available online.

I have found that a lot of service members are quite surprised about some of the political activities prohibited by the directive. The response is usually something like: “I thought I lived in America — don’t I have rights under the Constitution?”

Serving in the military is one of the greatest honors that can be bestowed upon us. But when you signed your employment contract, you agreed to certain things — following the orders of your superiors being first and foremost.

In general, you lose some of your rights when you agree to serve in the military.

To summarize the directive: Active-duty members may register, vote and express their opinions on political candidates and issues — but not as a representative of the armed forces. In other words, you cannot appear at any kind of political forum in uniform and speak on behalf of a particular candidate.

You may make monetary contributions to a political group and attend partisan and nonpartisan political meetings or rallies as a spectator — when not in uniform.

Service members also can promote and encourage their fellow military members to vote, as long as the action does not attempt to influence or interfere with the outcome of an election.

You can serve as an election official. However, in such positions, you cannot be a representative of a political party and the service cannot interfere with your military duties. This type of role also must be performed out of uniform, and you must have prior approval from your commander.

You can lend your support to your political candidate of choice in other ways, as well. It’s permissible for you to sign a petition for specific legislative action or a petition to place a candidate’s name on an official election ballot.

You also can write a letter to a newspaper expressing your personal views on public issues or political candidates, as long as such action is not part of a broader, organized letter-writing campaign.

And the one that is often a problem: You may display a political sticker on your private vehicle while on a military base. The sign cannot be larger than a bumper sticker — no oversize signs, banners or posters.

And you can’t display partisan political signs on the property of your military base housing — even if it’s privatized housing.

Active-duty members may not use their official authority or influence to interfere with an election, affect the course or outcome of an election, solicit votes for a candidate or issue, or solicit political contributions from others.

You also cannot run as a candidate for or hold civil office, except as authorized above.

In terms of contributions, while you can contribute to a political candidate, you may not make campaign contributions to another member of the armed forces or federal government employee.

You also cannot solicit or receive a campaign contribution from a member of the military, a civilian officer or a government employee for the purpose of promoting a political objective or cause.

Finally, participation in any radio, television or other program or group discussion as an advocate of a political party or candidate is strictly prohibited.

I have specifically only mentioned the regulations as they apply to active-duty members. The directive has less restrictive provisions that apply to National Guard and reserve members. In essence, they generally prevent reservists from using their military affiliation as a political advantage.

As we get closer to November, the directive is well worth a look for active-duty members. I think you might be surprised by some of the issues it covers.

The information in this column is provided for informational purposes only and is not intended to constitute legal advice. Readers are encouraged to seek the advice of an attorney or other professional when an opinion is needed.

Mathew B. Tully Esq. is a field artillery officer in the New York National Guard and a veteran of Operation Iraqi Freedom. He is also the founding partner of Tully, Rinckey and Associates (http://www.fedattorney.com), a law firm in Albany, N.Y. E-mail your legal questions to askthelawyer@militarytimes.com.