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Political activity restricted for service personnel The ISBA Committee on Military Affairs has received this timely information from Army Major Joseph Baar Topinka, an Illinoisan who is judge advocate for the Madigan Army Medical Center at Fort Lewis, Wash.• • • In light of fall elections in Illinois, now that the March primary is all but over, there is always a need for a review of the rules pertaining to political activity by military and civilian federal employees. Voter registration information should also be disseminated, especially with so many reservists activated or deployed. Active duty military personnel, including activated and deployed Reserve and National Guard personnel, are covered by Department of Defense Directive 1344.10. The Directive allows military personnel to vote and express their personal opinions on political candidates and issues, but not as representatives of the Armed Forces. They may make monetary contributions to political organizations and attend partisan and non-partisan political meetings or rallies as spectators when not in uniform. However, they cannot use official au--thority or influence to interfere with an election, to affect the course or outcome of an election, to solicit votes for a particular candidate or issue, or to require or solicit political contributions for others. They also cannot participate in partisan political management, campaigns or conventions, nor can they make campaign contributions to other members of the armed forces or employees of the federal government. Of particular interest to those individuals wishing to run for elective office, or currently holding elective office, is the prohibition on being a candidate for or holding civil office, except in only certain, limited situations. The directive allows a reservist under a call or order to active duty, for 270 days or less, to hold and exercise a U.S. government civil office, provided that holding the position does not interfere with military service. If the order to active duty is for more than 270 days, a reservist must adhere to the directive's guidelines. The reservist may hold the state or local civil office, but is prohibited from exercising any functions of the offices. The Department of Defense Directive can be found at www.dtic.mil/whs/directives/. Federal civilian employees, including those who work for the Department of Defense, are covered by the Hatch Act. Often the provisions of the Hatch Act are confused with the provisions of the aforementioned Department of Defense Directive. This legislation – which also applies to executive branch state and local employees who are principally employed in connection with programs financed in whole or in part by loans or grants made by the United States or a federal agency – allows federal civilian employees: • To be candidates for public office in nonpartisan elections. • To register to vote as they choose, and assist in voter registration drives. • To express opinions about candidates and issues, to contribute money to political organizations, and to attend political fund-raising functions. • To attend and be active at political rallies, and meetings, to join and be active members of political parties, and to sign nominating petitions. • To campaign for referendum questions, constitutional amendments, and municipal ordinances, to campaign for or against candidates in partisan elections, and to make campaign speeches for candidates and distribute campaign literature. • To hold office in political clubs or parties, including serving as a delegate to a convention. The Hatch Act does not, however, allow federal civilian employees: • To use their official authority or influence to interfere with an election, • To solicit, accept or receive political contributions unless both individuals are members of the federal labor organization or employee organization, and the one solicited is not a subordinate employee. • To knowingly solicit or discourage the political activity of any person who has business before the agency. • To engage in political activity while on duty, in any government office, while wearing an official uniform or while using a government vehicle. • To be a candidate for public office in partisan elections, or to wear political buttons on duty. In spite of so many prohibitions, mili---tary personnel and federal civilian employees should not wait until the last minute to register to vote. The Federal Voting Assistance Program at www.fvap.gov is a great resource for military personnel and federal civilian employees. This program administers the federal responsibilities of the presidential desig-nee (Secretary of Defense), under the Uniform and Overseas Citizens Absentee Voting Act. Its main goals are to: 1. inform and educate U.S. citizens worldwide of their right to vote; 2. foster voting participation, and 3. protect the integrity of, and simultaneously enhance, the electoral process at the federal, state and local levels. Many military units also have voting assistance officers who can help military personnel register to vote. The Illinois State Board of Elections at www.elections.il.gov/VotingInformation/welcome is also a great resource for military personnel and federal civilian employees. It serves as central authority for all Illinois election law, election information, and election procedures in the state. |