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Specifics regarding Active Duty Military prohibited political activities
Published on January 30, 2004 By tomahawkgod In Politics
Well, my blog got read on another site and someone didn't believe what I said about how restricted we (Active duty) are. So.....I had to rub noses in it. Posted the below there (why not here too?).
Now, I want you all to understand that I do not necessarily disagree with the title 10 laws about this subject. I merely use this issue to illustrate how we (the military) have some restrictions placed on us, and how they, cumulatively, are inequities. I am MUCH more upset about concurrent receipt offset. It is blatently unfair, and we are the only group in the Federal Government that it applies to. Funny. We are the guys standing the line, risking our lives to protect the people (and by extension, the government). I don't see Congresspeople out there standing the midnight to 4 am bridgewatches or walking post. Nor do I see them getting shot at, blown up, etc etc etc. Better stop now...I feel a rant coming on.
I just get frustrated. Paywise, once you've been in awhile, it aint so bad. But we get more and more tore up physically, mentally, emotionally, spiritually the longer we are in. It isn't too much to expect that we don't get dumped on by the bosses. We do our job...in crappy places away from our families and stuff..and we do it well, usually with less than adequate resources. Usually better than expected. And yet, when we succeed we are victims of our success. If we can do the job with x resources , then we can do it with x-y resources next time. I'm gonna cut this off for now...gotta get my thoughts straight. Too many things I want to get out and they all get tied together sometimes.
Anyway, if you are interested, here is a cross posting kinda thingy
====His post=====
Intersting - your blog stated "We cannot campaign in any way shape or form. Cannot go door to door or stuff like that."
Totally disagree - You can support a campain , just not in uniform and don't be using your military title when you do it! There are even a couple of offices you can hold while on active duty!
==============
My replypost

While you are accurate on a bit of your reply, you are wrong in the spirit of it.
First off, consulted NLSO and asked for the Legal/Policy opinion regarding Navy personnel regarding political activies. I specifically asked about 'going door to door' and 'holding any elected office' and specified Active Duty. The Navy's position is that regarding those two items the correct answer is they are not permitted. Also, reviewing the DOD Joint Ethics Regulations section which governs this particular subject my read of it concurs with what NLSO told me. ( go to http://www.defenselink.mil/search97/s97is.vts select the second entry in the returned search results to get the DOD JER articles regarding it.)

If you are interested, the pertinant sections quoted From the DOD Joint Ethics Regulations
1. General
a. A member on AD may:
(1) Register, vote, and express his or her personal opinion on political candidates and issues, but not as a representative of the Armed Forces.
(2) Make monetary contributions to a political organization-
(3) Attend partisan and nonpartisan political meetings or rallies as a spectator when not in uniform.

b. A member on AD shall not:
(1) Use his or her official authority or influence for interfering with an election; affecting the course or outcome of an election; soliciting votes for a particular candidate or issue; or requiring or soliciting political contributions from others.
(2) Be a candidate for, or hold, civil office except as authorized in subsections D.2. and D.3., below.
(3) Participate in partisan political management, campaigns, or conventions.
(4) Make campaign contributions to another member of the Armed Forces or an employee of the Federal Government.

2. Candidacy for Elective Office. A member on AD may not:
a. Campaign as a nominee, or as a candidate for nomination, for civil office, except as authorized in paragraph D.3.c., below. When circumstances warrant, the Secretary concerned or the Secretary's designee my permit a member to file such evidence of nomination or candidacy for nomination, as may be required by law. Such permission shall not authorize activity while on AD that is otherwise prohibited in paragraph D.l.b., above, or enclosure 3 or 4.
b. Become a candidate for any civil office while serving an initial tour of extended active duty (EAD) or a tour of EAD that the member agreed to perform as a condition of receiving schooling or other training wholly or partly at U.S. Government expense.
3. Election or Appointment to Civil Office
a. Except as authorized by paragraph D.3.c., below, or otherwise provided for by law, no member on AD may hold or exercise the functions of civil office:
(1) In the U.S. Government that:
(a) Is an elective office.
( Requires an appointment by the President by and with the advice and consent of the Senate.
(c) Is a position on the executive schedule under sections 5312 through 5317 of reference (e).
(2) In the government of a State; the District of Columbia; a territory, possession, or commonwealth of the United States; or in any political subdivision thereof.

A member on active duty may:
1. Register, vote, and express a personal opinion on political candidates and issues, but not as a representative of the Armed Forces.
2. Promote and encourage other military members to exercise their voting franchise, if such promotion does not constitute an attempt to influence or interfere with the outcome of an election.
3. Join a political club and attend its meetings when not in uniform(See DoD Directive 1334.1, reference (f).)
4. Serve as an election official, if such service is not as a representative of a partisan political party, does not interfere with military duties, is performed while out of uniform, and has the prior approval of the Secretary concerned or the Secretary's designee-
5. Sign a petition for specific legislative action or a petition to place a candidate's name on an official election ballot, if the signing does not obligate the member to engage in partisan political activity and is done as a private citizen and not as a representative of the Armed Forces.
6. Write a letter to the editor of a newspaper expressing the member's personal views on public issues or political candidates, if such action is not part of an organized letter-writing campaign or concerted solicitation of votes for or against a political party or partisan political cause or candidate.
8. Make monetary contributions to a political organization, party, or committee favoring a particular candidate or slate of candidates, subject to the limitations under 2 U.S.C. 441a and 18 U.S.C. 609 (references (g) and (h)).
9. Display a political sticker on the member's private vehicle.
C. EXAMPLES OF PROHIBITED POLITICAL ACTIVITIES

In accordance with the statutory restrictions in 10 U.S.C. 973( (reference () and references (g) and (h), and the policies established in section D., above, of this Directive, a member on AD shall not:


1. Use official authority or influence to interfere with an election, affect the course or outcome of an election, solicit votes for a particular candidate or issue, or require or solicit political contributions from others.
2. Be a candidate for civil office in Federal, State, or local government, except as authorized in section D., above, of this Directive, or engage in public or organized soliciting of others to become partisan candidates for nomination or election to civil office.
3. Participate in partisan political management or campaigns, or make public speeches in the course thereof.
4. Make a campaign contribution to another member of the Armed Forces or to a civilian officer or employee of the United States for promoting a political objective or cause.
5. Solicit or receive a campaign contribution from another member of the Armed Forces or from a civilian officer or employee of the United States for promoting a political objective or cause.
6. Allow or cause to be published partisan political articles signed or written by the member that solicit votes for or against a partisan political party or candidate.
7. Serve in any official capacity or be listed as a sponsor of a partisan political club.
8. Speak before a partisan political gathering of any kind for promoting a partisan political party or candidate.
9. Participate in any radio, television, or other program or group discussion as an advocate of a partisan political party or candidate.
10. Conduct a political opinion survey under the auspices of a partisan political group or distribute partisan political literature.
11. Use contemptuous words against the officeholders described in 10 U.S.C. 888 (reference (), or participate in activities proscribed by DOD Directives 5200.2 and 1325-6 (references (c) and (d)).
12. Perform clerical or other duties for a partisan political committee during a campaign or on an election day.
13. Solicit or otherwise engage in fundraising activities in Federal offices or facilities, including military reservations, for a partisan political cause or candidate.
14. March or ride in a partisan political parade.
15. Display a large political sign, banner, or poster (as distinguished from a bumper sticker) on the top or side of a private vehicle.
16. Participate in any organized effort to provide voters with transportation to the polls if the effort is organized by, or associated with, a partisan political party or candidate.
17. Sell tickets for, or otherwise actively promote, political dinners and similar fundraising events.
18. Attend partisan political events as an official representative of the Armed Forces.

Enclosure 4 - STATUTORY RESTRICTIONS PERTAINING TO POLITICAL ACTIVITIES BY MEMBERS OF THE ARMED FORCES>

Members of the Armed Forces are prohibited by various provisions of titles 10, 2, and 18, United States Code (references (, (g), and (h)), from engaging in certain types of political activities. The statutory provisions most directly applicable to members of the Armed Forces are as follows:

"Title 10 U.S.C. 933. Duties: officers on active duty; performance of civil functions restricted
"(a) No officer of an armed force on active duty may accept employment if that employment requires him to be separated from his organization, branch, or unit, or interferes with the performance of his military duties-
"(
(1) This subsection applies--
(A) to a regular officer of an armed force on the active-duty list (and a regular officer of the Coast Guard on the active duty promotion list);
( to a retired regular officer of an armed force serving on active duty under a call or order to active duty for a period in excess of 180 days; and
(C) to a reserve officer of an armed force serving on active duty under a call or order to active duty for a period in excess of 180 days.
(2)
(A) Except as otherwise authorized by law, an officer to whom this subsection applies may not hold, or exercise the functions of, a civil office in the Government of the United States--
(i) that is an elective office;
(ii) that requires an appointment by the President by and with the advice and consent of the Senate; or
(iii) that is a position in the Executive Schedule under sections 5312 through 5313 of title 5.
( An officer to whom this subsection applies may hold or exercise the function of a civil office in the Government of the United States that is not described in subparagraph (A) when assigned or detailed to that office or to perform those functions.
(3) Except as otherwise authorized by law, an officer to whom this subsection applies may not hold or exercise, by election or appointment, the functions of a civil office in the government of a State, the District of Columbia, or a territory, possession, or commonwealth of the United States (or of any political subdivision of any such government).

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