One of the hallmarks of the U.S. is our freedom of speech, and the Defense Department has a longstanding policy of encouraging everyone to carry out the obligations of citizenship, including voting in elections.
But, as the National Capital Region prepares for spring primary elections, government employees and Service members need to know that DoD regulations and the Hatch Act set limits on political activity. That is defined as any activity directed toward the success or failure of a political party, candidate for partisan political office or partisan political group. The Hatch Act, passed in 1939, restricts the political activity of civilian employees and a DoD directive applies similar rules to Service members.
Albert Veldhuyzen, chief of administrative law at Belvoir's Office of Staff Judge Advocate, said Service members cannot campaign, be involved in a partisan political campaign, or run for partisan office. Nor can they attend any political rallies in uniform.
"They can obviously vote, and donate, and they can also attend events as spectators, and have one bumper sticker, per car, per election," he said, citing the example that if there is a senate and congressional race, you are allowed to have one bumper sticker for each race. "But, DoD regulations for Service members prevent them from plastering their car with stickers for the same candidate."
Federal workers have a little more freedom, according to Veldhuyzen, as the Hatch Act allows them to participate in partisan elections, hold office in a partisan organization, hold a party office and attend political conventions.
"No employees can fundraise for, and be involved in any way, fundraising for a candidate. If you get a fundraising request on Facebook, you can't forward that to others," he said.
He said all this is to ensure the military and civilian workforce aren't overtly politicized, and that they're public servants first. It shouldn't matter what political party is in power, as federal workers must maintain their professionalism.
He noted that a line can be drawn between issue advocacy, such as gun control or abortion, which is allowed, and electioneering, which involves a particular candidate.
"It can sometimes be a grey area," Veldhuyzen said, recalling a complaint he handled. "A big banner saying, 'Thank you President Trump' is not necessarily an election message, since it's not an explicit 'vote for…,' it's not electioneering."
Political signs are also not allowed in any of The Villages of Belvoir, since that is federal property.
Both location and work-hours can affect social media behavior, such as liking or forwarding political posts that advocate for or against a party or candidate while on the job or in a government building.
Veldhuyzen warned that employees and Service members should remain vigilant.
"The Office of Special Counsel that handles the Hatch Act is very proactive, and, if they get a complaint, they're likely to follow up," he said. Inadvertent violations could include a supervisor asking a worker who they support in an election. "Be careful not to start pushing a particular candidate," he cautioned.
More information on political activities and Hatch Act guidance on social media is available from ogc.osd.mil.
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