The Fort Bliss Office of the Staff Judge Advocate wants to ensure you know which political activities are and are not allowed under federal law and DoD regulations. (Graphic courtesy Storyblocks)
Political activity for service members, civilians
By 1st Lt. Parker N. Reynolds, Fort Bliss Administrative Law
It may seem like election day was just a few months ago, and it was, but since 2020 is a presidential election year, the Fort Bliss JAG office wants to ensure you know which political activities are and are not allowed under federal law and DoD regulations.
What’s allowed
You may register to vote, vote in local, state and federal elections, learn about candidates and issues, and encourage others to do the same – provided it isn’t done in an official capacity. You can donate to campaigns and political parties. You may attend fundraisers, debates, and conventions as a spectator, if you are not in uniform and do not appear to endorse the event in an official capacity. You may join political groups, sign petitions and write letters and express personal opinions on social media while not in the workplace, as long as you leave your rank and employer out of it. You may have one bumper sticker on your car.
What is not allowed
Service members on active duty may not speak before any kind of partisan political gathering. They also may not advocate for or against a partisan political party, candidate or issue on any kind of programming platform – TV, radio, broadcast, etc. Service members may not, under any circumstances, wear any uniform to any kind of partisan political gathering. Service members may not solicit votes or fundraise for or against any partisan political party, candidate or issue. They may not work or volunteer for any candidate or committee during a campaign. And while a bumper sticker on a personally-owned vehicle is permitted, service members may not display any kind of sign, poster or banner bigger than that on a car, or at an on-post residence.
While at work, service members and civilians alike are restricted. They may not have buttons, posters, coffee mugs, screensavers, etc., that support or oppose political parties or candidates running for partisan office. This includes campaign slogans for or against a candidate even without the candidate’s name attached. For example, “MAGA” and “#Resist” are so closely aligned with support and opposition for a candidate running for partisan office, they are prohibited. They may not engage in political activity while on duty, wearing a uniform or using a government vehicle. Stay off political sites in federal buildings, even when off-duty. Do not put a bumper sticker on a tactical vehicle.
As for social media, service members and civilians may not like, share, tweet, retweet, or reblog a post that solicits donations for or against partisan political candidates, issues, parties, etc., at any time. They may not post links to, share or retweet comments or tweets from the Facebook page or Twitter account of a political party or candidate running for partisan political office. It is also important to note that posting or verbally making disparaging comments about the commander-in-chief, Congress as a body, the secretary of defense, or any of the service secretaries is also not permitted. Commissioned officers can be charged under UCMJ article 88 and enlisted Soldiers can be charged under UCMJ article 134.
These aren’t the only restrictions, and they are not always logical, so reach out to your friendly neighborhood judge advocate if you think you need to double check. Civilians may be subject to similar, but not necessarily identical, restrictions under the Hatch Act. Remember, violation of these restrictions may be punishable under the UCMJ.
Election Day is Nov. 3, 2020. Maybe I’ll see you at the polls!