Know the left and right limits of your participation in partisan political activities

By Mrs. Cherish T Gilmore (AMC)April 1, 2016

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(Photo Credit: U.S. Army) VIEW ORIGINAL

As the presidential election nears, personnel should re-visit the regulations that govern military and all Federal civilian employees concerning their participation in the political process.

The Hatch Act restricts the political activity of Federal civilian employees, including Department of the Army Civilians. The law was amended in 1993 to allow most employees to engage in certain types of political activity while in their personal capacity. DOD Directive 1344.10 outlines rules governing political activity by members of the armed forces.

"Neither the Hatch Act nor the DOD Directive 1344.10 restrict civilian employees and military members from exercising their right to vote," said Lawrence J. Wilde, Army Materiel Command's ethics counselor.

The restrictions pertain to participation in partisan political activities.

"We encourage voting," said Wilde. "Know the left and right limits of your participation in partisan political activities. If you'd like to become involved with a political campaign, it's a good idea to seek advice from your legal office first."

Understanding what restrictions can apply depends on your status as a federal employee. The Hatch Act classifies employees into two groups: a "less restricted" group and "further restricted" group.

"The vast majority of DOD employees are classified as less-restricted employees," explained Wilde. "Further restricted employees include career senior executive service employees, political appointees, and employees of certain federal agencies like the National Security Agency, Federal Bureau of Investigation and Defense Intelligence Agency."

Less restricted employees may actively participate in partisan political activities such as making phone calls for a candidate in a partisan election, working for a political party to encourage voting, or handing out campaign literature.

The Hatch Act dictates, however, that none of these activities may be done while on duty or by using their official position, in a federal building or vehicle, while wearing a federal uniform or insignia, or by using official resources, like computers.

"Although employees may contribute money to candidates, no federal employee, military or civilian, may solicit or accept campaign contributions at any time," said Wilde. "So, for example, if a civilian employee is working the phone bank for a candidate, they may not read any part of a script that solicits contributions even though the employee is off duty and totally anonymous to the potential voter."

This also applies in the world of social media.

"Employees may not forward by email or social media any websites or posts that solicit or contain a link for campaign donations," said Wilde.

The rules for further restricted civilian employees and military personnel are stricter. Both must refrain from any political activity that could associate DOD with a partisan political candidate, group or activity.

"This means that military personnel may not campaign for a political candidate in a partisan election, speak at a partisan political gathering, hand out campaign literature, or solicit campaign contributions," said Wilde. "They may not place a political sign on the lawn of their government quarters. On social media, they may follow, friend or like a party or a candidate, but may not post, forward, share, or re-Tweet links and comments from them. If a member of the military or a further restricted civilian employee 'likes' a candidate or political group, the privacy settings on social media sites should be changed to preclude others from seeing these preferences."

Wilde singled out four rules to keep handy for all federal employees and military members:

- Do not solicit campaign donations on or off duty.

- Do not wear campaign buttons on duty, in a federal facility, or in uniform.

- Do not forward partisan political articles, websites, or political cartoons while on duty, in a federal building, or using a government computer.

- Do not invite subordinates to political events, or use your rank or official position in any way to influence the political process.

Violations of the Hatch Act are investigated by the Justice Department of Office of Special Counsel. Punishments include the full range of administrative disciplinary action, to include removal. Members of the military may face discipline for violating DoD Directive 1433.10 and pertinent provisions of the Uniform Code of Military Justice.