Election Law: Political Activities Dos and Don’ts

  • Published
  • By Captain Patrick Hughes
  • 374th Airlift Wing Legal Office
As the Republican primaries press on and we approach November to decide who will take on the incumbent to act as our Commander-In-Chief, it is important we are mindful of the political activity rules governing how Air Force members may act.

Airmen should be aware of the major restrictions and inform on what actions can and cannot be taken as a member of the United States Air Force. Here is a short list, for a precise and comprehensive list of do's and don'ts, please reference AFI 51-902, Political Activities by Members of the US Air Force.

On the topic of voting...

Do: USAF members may register to vote and seek absentee ballots to vote in their home state using the following website as part of the Federal Overseas Voting Program: www.overseasvotefoundation.org/overseas/home.htm. You should exercise your right to vote, and all members are allowed to encourage others to exercise this right. In addition, you may express your personal opinions on political candidates and issues to others.

Don't: While members may express their personal political views, they may never do so as a representative of the Department of Defense or USAF.

For Partisan/Non-Partisan Political Activities...

Do: Among the permitted activities, members are allowed to do the following:

1) Join partisan or non-partisan political clubs and attend partisan or non-partisan political fundraising events as a spectator.

2) Make monetary contributions to a political organization, party or committee favoring a particular candidate or slate of candidates within the applicable parameters of federal law.

3) Serve as an election official if approved by the Secretary of the Air Force.

4) Write a personal letter expressing preference for a specific political candidate or cause if the letter is not for publication or part of an organized partisan letter-writing campaign.

5) Write a letter to the editor of a newspaper expressing a personal view about public issues or political candidates as long as it is not part of an organized partisan letter-writing campaign or a solicitation for votes for or against a party or candidate.

6) Sign a petition for specific legislative action or to place a candidate's name on an official election ballot as long as signing it does not constitute an obligation to engage in partisan activity.

7) Display a political bumper sticker on a member's private vehicle (however, not a large sign/banner/poster), wear a political button / t-shirt while not in uniform and not performing military duties.
 
Don't: Members shall not do the following:
 
1) Participate in partisan political fundraising activities regardless of whether you are in uniform or not.

2) Use official authority or influence to interfere with an election or solicit political contributions from others, or attend any partisan political event as an official representative of the DoD or USAF. Members should never participate in any political activity, partisan or otherwise, while in uniform.

3) Serve in any official capacity or be listed as a sponsor of a partisan political club.

4) Speak before a partisan political gathering, or participate in any radio/television/group discussion as an advocate of a partisan political party, candidate or cause.

5) Conduct a political opinion survey for a partisan political purpose.

6) March or ride in a partisan political parade.

7) Provide transportation for voters to polls on behalf of a partisan political party, candidate or cause.

8) Sell tickets or actively promote for partisan political dinners and similar fundraising events.
 
The biggest concern members should have is related to how the public could perceive their actions. The "one team; one fight" perception of the military can make the public words of one seem to be the opinion of the whole. If an activity can give that perception, it must be avoided to maintain the political neutrality of the USAF.

Keeping these points and AFI 51-902 in mind will help keep you out of trouble, and if you ever have any questions, never hesitate to schedule an appointment with us at the legal office for clarification.