Election ethics rules of engagement

  • Published
  • By Commentary courtesy of the 39th Air Base Wing Legal Office
More than any time in recent memory, the military is on the minds of the American public and in the forefront of national issues on the political stage. 

With this increased attention and America's approaching presidential election, it's a good opportunity to dust off Air Force Instruction 51-902, Political Activities by Members of the U.S. Air Force, and review the rules of engagement on political activities for Air Force members. 

Air Force policy encourages Airmen to carry out their obligations with regard to being a citizen; however, Airmen sometimes misunderstand the rules and may apply them incorrectly with potentially embarrassing, even criminal, results. 

As Airmen, we need to anticipate that a brighter spotlight will be shone on the men and women who serve in the military this election year. There will be more interest in the opinions of servicemembers and with that interest will come more scrutiny of how we participate in the political process. 

For that reason, we need to ensure Airmen are fully attuned to the issues raised by political activities and know when to seek guidance from their commander and staff judge advocate. 

In order to avoid conflicts of interest and the appearance of improper endorsement in political matters, the following guidelines are provided:

Using the government e-mail system to send or forward a partisan political message is improper. Doing so constitutes engaging in political activity in the federal workplace (and while on duty, for anyone who sends or forwards the message during duty hours).
Also, a military member on active duty may express a personal opinion on political candidates and issues, but not as a representative of the Armed Forces. 

Contributing to a partisan candidate's campaign is permissible, under certain circumstances. While members of the military and federal employees cannot solicit or receive contributions from other military members or federal employees, Airmen can make individual contributions to a political organization or committee favoring a particular candidate. 

For example, an Airman may contribute to the Democratic National Committee or the Republican National Committee. 
 
Displaying support for a candidate is permissible, within limits. Military and federal employees may display political stickers on private vehicles. They also may wear political buttons when not in uniform and when not on duty. However, military members and federal employees may not display large political signs, banners, or posters on the top or side of a member's private vehicle. 

Members may express political opinions but may not use contemptuous words against certain office holders. 

All Airmen are prohibited by federal law and AFI 51-902 from using contemptuous language (defined as "insulting, rude, disdainful or otherwise disrespectful") against the following individuals: the president, the vice president, members of congress, the secretary of defense, and the secretary of a military department, among others. 

As a result, a military member could face disciplinary action under the Uniform Code of Military Justice for using contemptuous language against any political candidate who currently holds one of the above positions, such as Sen. Barack Obama, Sen. Hillary Clinton, and Sen. John McCain. 

Writing letters on behalf of a candidate may be permissible. Military members and federal employees may write letters - even if intended for publication, such as a letter to the editor - expressing personal views on public issues or political candidates, if such action is not part of an organized letter-writing campaign. 

Attending partisan political meetings is permissible, under certain circumstances. Airmen may attend political meetings and rallies, but only as a spectator and only when not in uniform. Additionally, Airmen cannot speak before any partisan political gathering. 

The necessity of these limitations was demonstrated recently at an event in New Hampshire sponsored by a presidential candidate. A group of soldiers were among the attendees and spoke at the event while in uniform. 

Though the incident may not have been intended as a political event, the
result was public questioning of the
Soldiers' participation and avoidable embarrassment for one of our sister services. 

In a nutshell, Airmen need to remember to: 

- not use government computers
when engaging in political activities 
- refrain from attending any political
events or rallies in uniform 
- express personal opinions
appropriately and 
- steer clear of any conduct which
implies official endorsement or
representation.

Whether prompted by a particular candidate, by partisan activity or because of their own interests, Airmen may wish to participate in the political process. Before doing so, we need to prepare ourselves so we understand what is and is not authorized. 

For more information, please contact the 39ABW Legal Office at 676-6800, or refer to AFI 51-902.