News & Information - The Mercury - October 2009 Mercury

by MAJ Joseph Topinka
MEDCOM Office of the Staff Judge Advocate

As we approach November, many areas will be holding local elections. With that in mind, it is always a good idea to review the rules pertaining to political activity by military and civilian federal employees and to publicize voter registration information.

Active Duty military personnel including activated and deployed Reserve and National Guard personnel are covered by Department of Defense Directive 1344.10. The directive allows military personnel to vote and express personal opinions on political candidates and issues but not as representatives of the Armed Forces.

Military personnel may make monetary contributions to political organizations and attend partisan and non-partisan political meetings or rallies as spectators when not in uniform. However, military personnel cannot use official authority to influence, interfere, or affect the course or outcome of an election; for soliciting votes for a particular candidate or issues; or for requiring or soliciting political contributions for others. They also cannot participate in partisan political management, campaigns or conventions, nor can they make campaign contributions to other members of the Armed Forces or employees of the federal government. Of particular interest is the prohibition on being a candidate for or holding civil office, except in certain, limited situations.

Federal civilian employees, including those that work for the Department of the Defense, are covered by the Hatch Act. This law allows federal employees to be candidates for public office in nonpartisan elections; to register to vote as they choose; assist in voter registration drives; express opinions about candidates and issues; contribute money to political organizations; attend political fundraising functions; attend and be active at political rallies and meetings; join and be active members of political parties; sign nominating petitions; campaign for 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; and hold office in political clubs or parties including serving as a delegate to a convention.

The Hatch Act, however, does not allow federal employees to use their official authority or influence to interfere with an election; solicit, accept, or receive political contributions unless both individuals are members of a federal labor organization or employee organization and the one solicited is not a subordinate employee; knowingly solicit or discourage the political activity of any person who has business before the agency; engage in political activity while on duty, in any government office, while wearing an official uniform, or while using a government vehicle; be a candidate for public office in partisan elections; or wear political buttons on duty.

In spite of so many prohibitions, military personnel and federal civilian employees should not wait until the last minute to register. Except in a few states, it is necessary to register in advance of voting. The deadline to register varies. As a result of the “Motor Voter” law enacted in 1993, it is no longer necessary to register in person.

The Federal Voting Assistance Program at www.fvap.gov is a great resource for military personnel and federal civilian employees. The program’s main goals are to (1) inform and educate U.S. citizens worldwide of their right to vote; (2) foster voting participation; and (3) protect the integrity of, and simultaneously enhance, the electoral process at the federal, state, and local levels. Many units have Voting Assistance Officers who can help military personnel register to vote. In addition, most states have voting information sites on the Internet.

From the October 2009 Mercury, an Army Medical Department publication.