Partisan political activities limited for all members of Air National Guard

  • Published
  • By Lt. Col. Steve Coney
  • 188th Fighter Wing JAG
FORT SMITH, Ark. --  Members of the Air National Guard and its civilian employees are encouraged to carry out their responsibilities as citizens. However, in certain situations, they may be limited or prohibited from engaging in partisan political activities, which is defined as any activity "supporting or relating to candidates who represent, or issues specifically identified with, national or state political parties or associated or ancillary organizations." Furthermore, additional restrictions will apply to a National Guard member on Title 10 active duty.

Several activities, though, are permissible. Members of the ANG may register and vote in any election; express personal opinions as individuals citizens on candidates and issues, but not as a representative of the military; make voluntary campaign contributions to political parties or organizations (subject to certain limitations); and attend partisan and nonpartisan political gatherings as spectators when not in uniform.

Members of the ANG may also campaign for, and hold, elective partisan and non-partisan civil office if held in a private capacity that does not interfere with the performance of military duties, as long as they are not serving on extended active duty (ANG personnel may not use their military status as a political selling point; for example, no use of government facilities and no campaigning in uniform).

In the course of their private political activities, military members and federal employees may also promote and encourage others in federal service to vote, provided such efforts are not designed to influence or interfere with the outcome of elections; sign petitions for specific legislative action or place a candidate's name on an official ballot, provided the signing is not an obligation to engage in partisan political activity and is taken as a private citizen and not as a representative of the ANG; write personal letters to newspaper editors expressing personal views concerning public issues, provided those views do not attempt to promote a partisan political cause; write personal letters, not for publication, expressing preference for a specific political candidate or cause, provided the action is not part of an organized letter-writing campaign on behalf of a partisan political cause or candidate; join political clubs and attend meetings or rallies when not in uniform; serve as election officials and perform nonpartisan duties, provided such does not interfere with efficient performance of military or official duties and such services are performed while not in uniform; display political stickers on private vehicles or wear political badges or buttons when not in uniform and not on duty; serve in a local part-time nonpartisan civil office, either elective or appointive (examples are local school board or planning commission).

National Guard members may also hold certain federal, state, and local appointed or elected full-time civil offices (examples are U.S. Attorney and state judge) if not prohibited by federal or state statutes or regulations.

Prior to seeking election or appointment to a civil office, the member should determine whether the holding of that office will adversely affect the member's ability to continue as a military member.

Members of the ANG may also participate in local nonpartisan political campaigns (issues relating to constitutional amendments, referenda, municipal ordinances) when not in uniform and not interfering with military duties.

Prohibited activities
Members must not use their positions in the National Guard (such as by campaigning in uniform or using one's rank or grade) to assist them in obtaining political office or endorsing a political candidate or issue.

This includes interfering with elections, election officials, or voters; authorizing government services or support to candidates (housing, meals, transportation); and soliciting votes or contributions for a candidate or issue; selling tickets for, or otherwise actively promoting political dinners and fundraising events.

During training periods when receiving federal compensation, members may not solicit or receive campaign contributions from any other officer, employee or person receiving compensation for services from federal funds; authorizing any solicitation or campaign fundraising activities on base or in federal buildings; give anything of value to any person in government service for the promotion of any political purpose; speaking before partisan political gatherings or participating in any radio or television programs or group discussions as an advocate of a partisan political party or candidate in their capacity as members of the National Guard.

While in uniform, ANG members may not endorse a particular candidate or position, or attend partisan or non-partisan political gatherings; conduct political opinion surveys under the auspices of a partisan political group, or poll members on how they voted; participate in partisan voter transportation drives; perform clerical or other duties for a partisan political committee during the campaign in, or on election day; or participate in partisan political management, campaigns or conventions.

Members of the ANG also may not attend, as an official ANG representative, partisan political events, even without actively participating; serve in any official capacity or be listed as a sponsor in partisan political organizations; publicly advocate a partisan political party or candidate; distribute partisan political petitions, literature, badges or buttons; march or ride in partisan political parades; publish or cause to be published partisan political articles designed to solicit votes for a particular candidate or party; or display large political signs, posters or banners on private vehicles.

This article is not intended to provide full legal guidance or a legal opinion on your potential political activity, but it should serve to highlight areas of which you should be aware. If you have a specific question or need clarification, you should contact a 188th Fighter Wing Judge Advocate at ext. 5388 for an actual legal opinion.