RESTRICTIONS ON OFFICIAL SUPPORT OF POLITICAL CANDIDATES AND THE ABILITY OF UNIFORMED AND CIVILIAN PERSONNEL TO ENGAGE IN POLITICAL ACTIVITIES

R 162048Z JAN 08
FM COMDT COGARD WASHINGTON DC//CG-0921/CG-0947//
TO ALCOAST
BT
UNCLAS //N05720//
ALCOAST 020/08
COMDTNOTE 5720
SUBJ: RESTRICTIONS ON OFFICIAL SUPPORT OF POLITICAL CANDIDATES AND
THE ABILITY OF UNIFORMED AND CIVILIAN PERSONNEL TO ENGAGE IN
POLITICAL ACTIVITIES
A. PUBLIC AFFAIRS MANUAL, COMDTINST M5728.2 (SERIES)
B. POLITICAL ACTIVITIES BY MEMBERS OF THE ARMED FORCES ON ACTIVE
DUTY, DOD DIRECTIVE 1344.10
C. PERSONNEL MANUAL, COMDTINST M1000.6 (SERIES)
D. THE HATCH ACT, 5 U.S.C. 7321-7326
E. 5 C.F.R. PARTS 733-744
1. THE 2008 ELECTION SEASON IS WELL UNDERWAY WITH A VARIETY OF
FEDERAL, STATE, AND LOCAL CAMPAIGNS. AS A MATTER OF LONG-STANDING
POLICY, THE CG DOES NOT ENGAGE IN, OR SUPPORT, ANY ACTIVITIES THAT
COULD BE INTERPRETED AS ASSOCIATING OUR SERVICE WITH ANY PARTICULAR
CANDIDATE, POLITICAL PARTY, ORGANIZATION OR PARTISAN POLITICAL
ISSUE.
2. THIS ALCOAST ADDRESSES BOTH THE POLICY ON OFFICIAL
INTERACTION WITH POLITICAL CANDIDATES/CAMPAIGNS AND THE ABILITY OF
UNIFORMED AND CIVILIAN PERSONNEL TO ENGAGE IN POLITICAL ACTIVITIES.
3. OFFICIAL (COMMAND) INTERACTION WITH POLITICAL CANDIDATES AND
ORGANIZATIONS, PER CHAPTER 3 OF REF A:
A. WHEN RESPONDING TO QUERIES FROM POLITICAL CAMPAIGN
ORGANIZATIONS, COMMANDING OFFICERS SHALL ONLY PROVIDE INFORMATION
THAT IS RELEASABLE TO THE GENERAL PUBLIC.
B. UNIT MAGAZINES, NEWSLETTERS AND NEWSPAPERS SHALL NOT CARRY
PARTISAN DISCUSSIONS, CARTOONS, EDITORIALS, POLITICAL
ADVERTISEMENTS, OR COMMENTARIES PERTAINING TO PARTISAN OR CANDIDATE
ISSUES.
C. COMMANDING OFFICERS SHALL NOT PERMIT THE USE OF GOVERNMENT
FACILITIES BY ANY CANDIDATE, EITHER INCUMBENT OR CHALLENGER, FOR
POLITICAL CAMPAIGNING. THIS INCLUDES EVENTS SUCH AS: ASSEMBLIES,
MEETINGS, RALLIES, PRESS CONFERENCES, CAMPAIGN VIDEOS,
ADVERTISEMENTS OR PHOTO OPPORTUNITIES.
D. MEMBERS OF CONGRESS OR OTHER ELECTED OFFICIALS MAY VISIT UNITS
AND RECEIVE BRIEFINGS RELATED TO THEIR OFFICIAL DUTIES. OTHER
CANDIDATES MAY BE GIVEN ACCESS AS PROVIDED ANY OTHER VISITOR.
E. IN ALL CASES OF VISITS, THE COMMANDING OFFICER SHALL INFORM
CANDIDATES IN ADVANCE THAT ALL POLITICAL CAMPAIGN AND ASSOCIATED
MEDIA EVENTS ARE PROHIBITED. CANDIDATES AND THEIR STAFFS SHALL ALSO
BE INFORMED THAT MEDIA REPRESENTATIVES CANNOT ACCOMPANY THE VISIT
TO THE CG FACILITY.
F. COMMANDING OFFICERS SHALL DENY REQUESTS FROM CANDIDATES TO
TAPE OR FILM ABOARD CG UNITS. IF FILMING IS CONDUCTED FROM OUTSIDE
THE UNITS PROPERTY (E.G., PROPERTY NOT UNDER CG CONTROL), DO NOT
INTERFERE WITH THAT ACTIVITY.
G. COMMANDING OFFICERS SHALL PROHIBIT DISTRIBUTION OF CAMPAIGN
MATERIAL BY ANYONE ON OR IN ANY CG PROPERTY, FACILITY, OR UNIT.
H. COMMUNITY RELATIONS SUPPORT, SUCH AS SPEAKERS, COLOR GUARDS,
OR MARCHING UNITS SHALL NOT BE PROVIDED FOR CAMPAIGN MEETINGS,
EVENTS, RALLIES, OR ANY OTHER POLITICAL ACTIVITY.
I. APPROPRIATE CG OFFICIALS (E.G., AREA, DISTRICT, SECTOR
COMMANDERS, COS, OINCS, ETC.) MAY PARTICIPATE IN COMMUNITY OUTREACH
FORUMS, TOWN HALL MEETINGS, PANEL DISCUSSIONS, ETC., HOSTED BY AN
ELECTED MEMBER OF CONGRESS ACTING IN THE INTEREST OF HIS/HER
CONSTITUENTS.
4. RESTRICTIONS ON THE ABILITY OF UNIFORMED PERSONNEL TO ENGAGE IN
POLITICAL ACTIVITIES - THE POLITICAL ACTIVITIES OF UNIFORMED CG
MEMBERS ARE GOVERNED BY FEDERAL STATUTE AND BY REF B, AS
IMPLEMENTED IN CHAPTER 16.C OF REF C. A MEMBER ON ACTIVE DUTY MAY:
A. REGISTER TO VOTE AND VOTE.
B. EXPRESS PERSONAL OPINION ON POLITICAL CANDIDATES AND ISSUES,
BUT NOT AS A REPRESENTATIVE OF THE ARMED FORCES (I.E., NOT IN
UNIFORM AND NOT IDENTIFYING ONESELF AS A MEMBER).
C. PROMOTE AND ENCOURAGE OTHER MILITARY MEMBERS TO EXERCISE THEIR
VOTING RIGHTS, IF SUCH PROMOTION DOES NOT CONSTITUTE AN ATTEMPT TO
INFLUENCE OR INTERFERE WITH THE OUTCOME OF AN ELECTION.
D. JOIN A POLITICAL CLUB AND ATTEND ITS MEETINGS WHEN NOT IN
UNIFORM.
E. 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 POLICY AND STANDARDS DIVISION OF THE
OFFICE OF MILITARY PERSONNEL. THE POLICY AND STANDARDS DIVISION CAN
BE REACHED AT (202) 475-5375.
F. SIGN A PETITION FOR SPECIFIC LEGISLATIVE ACTION OR A PETITION
TO PLACE A CANDIDATES NAME ON AN OFFICIAL 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 (I.E., NOT IN UNIFORM AND NOT
IDENTIFYING ONESELF AS A MEMBER).
G. WRITE A LETTER TO THE EDITOR OF A NEWSPAPER EXPRESSING THE
MEMBERS PERSONAL VIEWS CONCERNING 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 CANDIDATE. CG RESOURCES
(I.E., TELEPHONE, E-MAIL, OFFICE SUPPLIES, ETC.) MAY NOT BE USED TO
CONDUCT SUCH EFFORTS.
H. 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
(LIMITATIONS ON CONTRIBUTIONS AND EXPENDITURES) AND 18 U.S.C. 607
(NO SOLICITATION OR RECEIPT OF CONTRIBUTIONS IN ANY ROOM OCCUPIED
IN DISCHARGE OF OFFICIAL DUTIES).
I. DISPLAY A POLITICAL STICKER ON THE MEMBERS PRIVATE VEHICLE.
J. ATTEND PARTISAN AND NONPARTISAN POLITICAL MEETINGS, RALLIES,
OR CONVENTIONS AS A SPECTATOR WHEN NOT IN UNIFORM.
5. A MEMBER ON ACTIVE DUTY SHALL NOT:
A. USE OFFICIAL AUTHORITY OR INFLUENCE TO INTERFERE WITH AN
ELECTION, SOLICIT VOTES FOR A PARTICULAR CANDIDATE OR ISSUE, OR
REQUIRE OR SOLICIT POLITICAL CONTRIBUTIONS FROM OTHERS.
B. BE A CANDIDATE FOR A CIVIL OFFICE IN FEDERAL, STATE, OR LOCAL
GOVERNMENT, EXCEPT AS AUTHORIZED IN ARTICLE 16.C.2.C(4) OF REF C,
OR ENGAGE IN PUBLIC OR ORGANIZED SOLICITING OF OTHERS TO BECOME
PARTISAN CANDIDATES FOR NOMINATION OR ELECTION TO CIVIL OFFICE.
C. PARTICIPATE IN PARTISAN POLITICAL MANAGEMENT, CAMPAIGNS, OR
CONVENTIONS (EXCEPT AS A SPECTATOR WHEN NOT IN UNIFORM), OR MAKE
PUBLIC SPEECHES IN THE COURSE THEREOF.
D. MAKE CAMPAIGN CONTRIBUTIONS 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, INCLUDING A POLITICAL
CAMPAIGN.
E. SOLICIT OR RECEIVE A CONTRIBUTION FROM ANOTHER MEMBER OF THE
ARMED FORCES OR A CIVILIAN OFFICER OR EMPLOYEE OF THE UNITED STATES
FOR THE PURPOSE OF PROMOTING A POLITICAL OBJECTIVE OR CAUSE,
INCLUDING A POLITICAL CAMPAIGN.
F. 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.
G. SERVE IN ANY OFFICIAL CAPACITY OR BE LISTED AS A SPONSOR OF A
PARTISAN POLITICAL CLUB.
H. SPEAK BEFORE A PARTISAN POLITICAL GATHERING, INCLUDING ANY
GATHERING THAT PROMOTES A POLITICAL PARTY, CANDIDATE OR PARTISAN
CAUSE.
I. PARTICIPATE IN ANY RADIO, TELEVISION, OR OTHER PROGRAM OR
GROUP DISCUSSION AS AN ADVOCATE OF A POLITICAL PARTY, CANDIDATE, OR
PARTISAN CAUSE.
J. CONDUCT A POLITICAL OPINION SURVEY UNDER THE AUSPICES OF A
PARTISAN POLITICAL GROUP OR DISTRIBUTE PARTISAN POLITICAL
LITERATURE.
K. USE CONTEMPTUOUS WORDS AGAINST THE OFFICEHOLDERS DESCRIBED IN
10 U.S.C. 888 (PRESIDENT, VICE PRESIDENT, CONGRESS, SECRETARY OF
DEFENSE, SECRETARY OF A MILITARY DEPARTMENT, SECRETARY OF HOMELAND
SECURITY, OR THE GOVERNOR OR LEGISLATURE OF ANY STATE,
TERRITORY,COMMONWEALTH, OR POSSESSION IN WHICH THE MILITARY MEMBER
IS ON DUTY).
L. PERFORM CLERICAL OR OTHER DUTIES FOR A PARTISAN POLITICAL
COMMITTEE DURING A CAMPAIGN OR ON AN ELECTION DAY.
M. SOLICIT OR OTHERWISE ENGAGE IN FUNDRAISING ACTIVITIES IN
FEDERAL OFFICES OR FACILITIES, INCLUDING MILITARY RESERVATIONS, FOR
A PARTISAN POLITICAL CAUSE OR CANDIDATE.
N. MARCH OR RIDE IN A PARTISAN POLITICAL PARADE OR SIMILAR EVENT.
O. DISPLAY A LARGE POLITICAL SIGN, BANNER, OR POSTER
(DISTINGUISHED FROM A BUMPER STICKER) ON THE TOP OR SIDE OF A
PRIVATE VEHICLE.
P. 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.
Q. SELL TICKETS FOR, OR OTHERWISE ACTIVELY PROMOTE, POLITICAL
DINNERS AND SIMILAR FUNDRAISING EVENTS.
R. ATTEND PARTISAN POLITICAL EVENTS AS AN OFFICIAL REPRESENTATIVE
OF THE ARMED FORCES.
S. THE PROHIBITIONS ON HOLDING AND EXERCISING THE FUNCTIONS OF A
CIVIL OFFICE, AS SET FORTH ABOVE, DO NOT APPLY TO ANY RETIRED
REGULAR MEMBER OR RESERVE MEMBER SERVING ON ACTIVE DUTY UNDER A
CALL OR ORDER TO ACTIVE DUTY THAT SPECIFIES A PERIOD OF ACTIVE DUTY
OF 270 DAYS OR LESS, PROVIDED THE CIVIL OFFICE IS HELD IN A NON-
MILITARY CAPACITY AND THERE IS NO INTERFERENCE WITH THE PERFORMANCE
OF MILITARY DUTIES.
T. GENERALLY, NO STATUTES OR REGULATIONS PROHIBIT RETIRED AND
RESERVIST MILITARY PERSONNEL (THOSE NOT PERFORMING AN ACTIVE DUTY
FUNCTION, SUCH AS ADT OR IDT) FROM SUPPORTING POLITICAL PARTIES OR
BECOMING CANDIDATES FOR PUBLIC OFFICE. RETIRED AND RESERVIST
PERSONNEL MAY ALSO HOLD ELECTIVE OR APPOINTIVE CIVIL OFFICE, AND
WILL NOT FORFEIT THEIR COMMISSIONS BY ASSUMING SUCH OFFICE.
6. RESTRICTIONS ON THE ABILITY OF CIVILIAN PERSONNEL TO ENGAGE IN
POLITICAL ACTIVITIES - REF D, AND ITS IMPLEMENTING REGULATIONS, REF
E, SET FORTH PERMISSIBLE AND IMPERMISSIBLE FORMS OF POLITICAL
ACTIVITY BY FEDERAL CIVILIAN EMPLOYEES. REF D ALSO SETS FORTH THE
RESTRICTIONS THAT APPLY SPECIFICALLY TO ADMINISTRATIVE LAW JUDGES
(ALJ) AND SENIOR EXECUTIVE SERVICE (SES) EMPLOYEES. A DETAILED
ANALYSIS OF THE HATCH ACT AND ITS IMPLICATIONS ON ALL FEDERAL
CIVILIAN PERSONNEL CAN BE FOUND AT:
HTTP://WWW.OSC.GOV/HATCHACT.HTM. GENERALLY, IF YOU ARE A FEDERAL
CIVILIAN EMPLOYEE, OTHER THAN AN ALJ OR SES, YOU MAY:
A. BE A CANDIDATE FOR PUBLIC OFFICE IN NONPARTISAN ELECTIONS.
B. REGISTER AND VOTE AS YOU CHOOSE.
C. ASSIST IN VOTER REGISTRATION DRIVES.
D. EXPRESS OPINIONS ABOUT CANDIDATES AND ISSUES.
E. CONTRIBUTE MONEY TO POLITICAL ORGANIZATIONS.
F. ATTEND POLITICAL FUNDRAISING FUNCTIONS.
G. ATTEND AND BE ACTIVE AT POLITICAL RALLIES AND MEETINGS.
H. JOIN AND BE AN ACTIVE MEMBER OF A POLITICAL PARTY OR CLUB.
I. SIGN NOMINATING PETITIONS.
J. CAMPAIGN FOR OR AGAINST REFERENDUM QUESTIONS, CONSTITUTIONAL
AMENDMENTS, OR MUNICIPAL ORDINANCES.
K. CAMPAIGN FOR OR AGAINST CANDIDATES IN PARTISAN ELECTIONS.
L. MAKE CAMPAIGN SPEECHES FOR CANDIDATES IN PARTISAN ELECTIONS.
M. DISTRIBUTE CAMPAIGN LITERATURE IN PARTISAN ELECTIONS.
N. HOLD OFFICE IN POLITICAL CLUBS OR PARTIES, INCLUDING SERVING
AS A DELEGATE TO A CONVENTION.
7. GENERALLY, FEDERAL CIVILIAN EMPLOYEES MAY NOT:
A. USE OFFICIAL AUTHORITY OR INFLUENCE TO INTERFERE WITH AN
ELECTION.
B. SOLICIT OR DISCOURAGE POLITICAL ACTIVITY OF ANYONE WITH
BUSINESS BEFORE THE AGENCY.
C. SOLICIT OR RECEIVE POLITICAL CONTRIBUTIONS (MAY BE DONE IN
CERTAIN LIMITED SITUATIONS BY FEDERAL LABOR OR OTHER EMPLOYEE
ORGANIZATIONS).
D. RUN FOR THE NOMINATION OR AS A CANDIDATE FOR ELECTION TO A
PARTISAN POLITICAL OFFICE.
E. ENGAGE IN POLITICAL ACTIVITY WHILE ON DUTY, IN A GOVERNMENT
OFFICE, WEARING AN OFFICIAL UNIFORM OR USING A GOVERNMENT VEHICLE
OR OTHER RESOURCE (E.G., TELEPHONE, E-MAIL, ETC.).
F. WEAR POLITICAL BUTTONS ON DUTY.
8. POINTS OF CONTACT:
A. ADDRESS QUESTIONS REGARDING PROCEDURES FOR VISITS BY ELECTED
OFFICIALS TO DISTRICT OR AREA GOVERNMENTAL AFFAIRS OFFICERS (GAO).
AREA AND DISTRICT GAOS SHOULD REFER QUESTIONS TO THE OFFICE OF
CONGRESSIONAL AND GOVERNMENTAL AFFAIRS AT (202)245-0520.
B. ADDRESS QUESTIONS REGARDING POLITICAL ACTIVITIES OF CG
PERSONNEL TO YOUR SERVICING LEGAL OFFICE.
C. ADDITIONALLY, A MORE DETAILED ANALYSIS REGARDING RESTRICTIONS
ON BOTH ACTIVE DUTY MEMBERS AND FEDERAL CIVILIAN EMPLOYEES CAN BE
FOUND ON CG CENTRAL AT: HTTP://CGCENTRALWEB.USCG.MIL/CLINK/1360,
FOR ACTIVE DUTY MEMBERS, AND AT THE HATCH ACT WEBSITE LOCATED AT:
HTTP://WWW.OSC.GOV/HATCHACT.HTM, FOR FEDERAL CIVILIAN EMPLOYEES.
9. INTERNET RELEASE AUTHORIZED.
10. RDML W.M. BAUMGARTNER, JUDGE ADVOCATE GENERAL, AND RDML M.E.
LANDRY, DIRECTOR OF GOVERNMENTAL AND PUBLIC AFFAIRS, SEND.
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