1. Political Activities Staff Judge Advocate AMEDDC&S and FSH www.samhouston.army.mil/sja/ethics.asp (210) 221-2373 2008 The Libertarian Party

2. Politics is not the art of the possible. It consists in choosing between the disastrous and the unpalatable. John Kenneth Galbraith John Kenneth Galbraith

3. The The All federal employees should be familiar with these statutory and regulatory provisions: 14 Principles of Ethical Conduct, E.O. 12731 as amended by E.O. 12674 14 Principles of Ethical Conduct, E.O. 12731 as amended by E.O. 12674 Standards of Ethical Conduct for Executive Branch Employees, 5 C.F.R. Part 2635 – Standards of Ethical Conduct for Executive Branch Employees, 5 C.F.R. Part 2635 – Office of Government Ethics (OGE) Office of Government Ethics (OGE) Joint Ethics Regulation (JER), DoD 5500.7-R Joint Ethics Regulation (JER), DoD 5500.7-R

4. Joint Ethics Regulation (JER) DOD 5500.7-R, DOD 5500.7-R, August 1993 August 1993 Applies To Everyone in DoD Except Contractors Applies To Everyone in DoD Except Contractors Punitive Punitive Contains E.O. 12674 and OGE Contains E.O. 12674 and OGE Regulations Regulations Available online at: http://www.samhouston.army.mil/sja/ethics.asp http://www.samhouston.army.mil/sja/ethics.asp

5. Political Activity SOLDIERS Guidance: DoD Directive 1344.10, dated 19 FEB 08 DoD Directive 1344.10, dated 19 FEB 08 DoD 5500.7-R, Chapter 6 DoD 5500.7-R, Chapter 6 AR 600-20 Army Command Policy, June 7, 2006, paragraph 5-3 "Political Activities" and Appendix B AR 600-20 Army Command Policy, June 7, 2006, paragraph 5-3 "Political Activities" and Appendix B Assorted Federal civil and criminal statutes Assorted Federal civil and criminal statutes Secretary of the Army Memorandum, “Election Year Guidance for 2008” Secretary of the Army Memorandum, “Election Year Guidance for 2008” DoD Public Affairs Policy Guidance for 2008 DoD Public Affairs Policy Guidance for 2008

6. Political Activities General Rule: No activity that may be viewed as directly or indirectly associating DoD or any component with partisan politics General Rule: No activity that may be viewed as directly or indirectly associating DoD or any component with partisan politics Goal: Prevent any association of DoD with partisan politics Goal: Prevent any association of DoD with partisan politics Personal participation in local nonpartisan activities OK, if Personal participation in local nonpartisan activities OK, if Not in uniform Not in uniform No government resources used No government resources used No interference with duties No interference with duties No implied Government involvement or No implied Government involvement or position position Does not involve holding civil office Does not involve holding civil office

7. Definitions: Partisan Activity supporting or relating to candidates representing, or issues identified with, national or state political parties and associated or ancillary organizations. Activity supporting or relating to candidates representing, or issues identified with, national or state political parties and associated or ancillary organizations.

8. Definitions: Non-Partisan Supporting or relating to candidates NOT representing, or issues not specifically identified with, national or state parties and associated organizations Supporting or relating to candidates NOT representing, or issues not specifically identified with, national or state parties and associated organizations Examples: Constitutional amendments, referendums, approval of municipal ordinances, others of similar character not considered identified with national or state parties Examples: Constitutional amendments, referendums, approval of municipal ordinances, others of similar character not considered identified with national or state parties

9. Permissible Activities Soldiers may: Register, vote, and express a Register, vote, and express a personal opinion, but not as personal opinion, but not as a representative of the Army a representative of the Army Promote and encourage other military Promote and encourage other military members to exercise their voting franchise, if members to exercise their voting franchise, if such promotion does not constitute an attempt such promotion does not constitute an attempt to influence or interfere with the outcome of an to influence or interfere with the outcome of an election election

10. Permissible Activities Soldiers may: Serve as an election official, if: Serve as an election official, if: such service is not as a representative of a partisan political party, such service is not as a representative of a partisan political party, does not interfere with military duties, does not interfere with military duties, is performed while out of uniform, and is performed while out of uniform, and has the prior approval of the Secretary of has the prior approval of the Secretary of Army or his designee Army or his designee Join a political club and attend its Join a political club and attend its meetings when not in uniform meetings when not in uniform

11. Permissible Activities Soldiers may: Sign a petition for specific legislative Sign a petition for specific legislative action or a petition to place a action or a petition to place a candidate’s name on an official election candidate’s name on an official election ballot, if the signing does not obligate ballot, if the signing does not obligate the soldier to engage in partisan political the soldier to engage in partisan political activity and is done as a private citizen activity and is done as a private citizen and not as a representative of the Army and not as a representative of the Army

12. Permissible Activities Soldiers may: Write a letter to the editor of a Write a letter to the editor of a newspaper expressing the soldier’s newspaper expressing the soldier’s personal views on public issues or personal views on public issues or political candidates, if such action is not political candidates, if such action is not part of an organized letter-writing part of an organized letter-writing campaign or concerted solicitation of campaign or concerted solicitation of votes for or against a political party, votes for or against a political party, partisan political cause, or candidate partisan political cause, or candidate

13. Permissible Activities Soldiers may: Contribute $$$ to a political organization, Contribute $$$ to a political organization, party, or committee favoring a particular party party, or committee favoring a particular party or candidate or candidate Attend partisan and nonpartisan political Attend partisan and nonpartisan political meetings or rallies as a spectator when meetings or rallies as a spectator when not in uniform not in uniform Display a political bumper sticker on Display a political bumper sticker on personal vehicle personal vehicle

14. Prohibited Activities Soldiers may NOT: Run for civil office Run for civil office Use office to interfere with election, solicit votes or contributions Use office to interfere with election, solicit votes or contributions Cause or allow signed partisan Cause or allow signed partisan articles soliciting votes for or articles soliciting votes for or against candidate or issue against candidate or issue Participate in or speak before Participate in or speak before partisan political campaigns Serve as officer/sponsor of political Serve as officer/sponsor of politicalclub

15. Prohibited Activities Soldiers may NOT: Use contemptuous words Use contemptuous words March/Ride in partisan parades March/Ride in partisan parades Promote political dinners or fundraisers Promote political dinners or fundraisers Display large signs/banners/posters Display large signs/banners/posters on private vehicles on private vehicles Attend political events as Army Attend political events as Armyrepresentative

16. Prohibited Activities Soldiers may NOT: Participate in any TV, radio or other program or group discussion as an advocate of a partisan political party or candidate Participate in any TV, radio or other program or group discussion as an advocate of a partisan political party or candidate Display banners/signs in yards of on-post Display banners/signs in yards of on-post housing or Federal offices or buildings housing or Federal offices or buildings

17. Prohibited Activities Soldiers may NOT: Use contemptuous words towards the Use contemptuous words towards the President, Vice President, etc. President, Vice President, etc. Conduct a political opinion survey Conduct a political opinion survey Participate in organized effort to transport Participate in organized effort to transport voters to polls voters to polls Promote political dinners or fundraising events Promote political dinners or fundraising events Serve in official capacity to, or sponsor, a Serve in official capacity to, or sponsor, a partisan political club partisan political club

18. Active Duty Wrap-Up Full time and attention to performance of military duties during duty hours Full time and attention to performance of military duties during duty hours Avoid activities that are prejudicial to good order or likely to discredit Armed Forces Avoid activities that are prejudicial to good order or likely to discredit Armed Forces Refrain from participating in political activity while in uniform Refrain from participating in political activity while in uniform Do not use Government resources or facilities to further political activities Do not use Government resources or facilities to further political activities

19. Scenario 1

20. AR 670-1, para. 1-10j(1) prohibits wearing Army uniforms in furtherance of any political or commercial interests

21. Scenario 2 You are invited to march in the Senator Obama “Get out the vote!” parade on the weekend. Can you participate? Does it make any difference whether you are in uniform or not?

22. Scenario 2 DODD 1344.10, para. 4.1.2.10 – May not march or ride in a partisan political parade (4.1.2.1, without respect to uniform)

23. Scenario 3 SSG Jones wants to post a “Vote for Hillary Clinton” sign in his front yard in on-post government housing. What is your advice? Does it make a difference if his quarters are in privatized housing on-post? Does it make a difference if he posts the sign in his livingroom window instead of his yard?

24. Scenario 3 DODD 1344.10, para. 4.1.2.12 – May not display a partisan political sign, poster, banner, or similar device visible to the public at one’s residence on a military installation, even if that residence is part of a privatized housing development

25. Scenario 4 May you engage in a partisan political activity not expressly prohibited by any law or regulation?

26. Scenario 4 DODD 1344.10, para. 4.1.5 – Any activity that may be reasonably viewed as directly or indirectly associating the Department of Defense or the Department of Homeland Security or any component with a partisan political activity or is otherwise contrary to the spirit and intention of this Directive shall be avoided.

27. Political Activities Civilians Guidance: Revised Hatch Act Amendments, 5 U.S.C. §7321-7325 Revised Hatch Act Amendments, 5 U.S.C. §7321-7325 5 C.F.R. §733 – OPM designated areas 5 C.F.R. §733 – OPM designated areas 5 C.F.R. §734 Subpart D – Career SES 5 C.F.R. §734 Subpart D – Career SES 5 C.F.R. §734 Subparts B & C – Applies 5 C.F.R. §734 Subparts B & C – Applies to all other Federal civilian employees to all other Federal civilian employees DOD 5500.7-R, Joint Ethics Regulation, Chap 6 DOD 5500.7-R, Joint Ethics Regulation, Chap 6 Assorted Federal civil and criminal statutes Assorted Federal civil and criminal statutes Deputy Secretary of Defense Memorandum, “Civilian Employees’ Participation in Political Activities,” November 14, 2007 Deputy Secretary of Defense Memorandum, “Civilian Employees’ Participation in Political Activities,” November 14, 2007

28. Permissible Activities Civilians may: Candidates for office in certain non-partisan elections Candidates for office in certain non-partisan elections Register and vote Register and vote Assist in voter registration drives Assist in voter registration drives Express personal opinions Express personal opinions Contribute $$ to political organizations Contribute $$ to political organizations Attend political fundraisers Attend political fundraisers

29. Permissible Activities Civilians may participate in the following political organization activities: Be a member and officer of a political party Be a member and officer of a political party Attend and participate in a political convention, Attend and participate in a political convention, caucus, or rally caucus, or rally Serve as a delegate to a political party Serve as a delegate to a political party convention convention

30. Permissible Activities Civilians may take an active part in a political campaign to include: Displaying a political sign, sticker, button, or Displaying a political sign, sticker, button, or similar material, but not while on duty, in a similar material, but not while on duty, in a government office or building, or using a government office or building, or using a government vehicle government vehicle Endorsing or opposing a candidate in a political advertisement, broadcast, or Endorsing or opposing a candidate in a political advertisement, broadcast, or campaign literature campaign literature Distribute campaign literature Distribute campaign literature

31. Permissible Activities Civilians may take an active part in a political campaign to include: Addressing a political convention, Addressing a political convention, caucus, or rally on behalf of a candidate caucus, or rally on behalf of a candidate Sign nominating petitions Sign nominating petitions Manage a political campaign Manage a political campaign Campaign for/against referenda, amendments, etc Campaign for/against referenda, amendments, etc Campaign for/against candidates in partisan elections Campaign for/against candidates in partisan elections Make campaign speeches Make campaign speeches

32. Permissible Activities Civilians may participate in the following election- related activities: Act as a recorder, watcher, or challenger at a polling place Act as a recorder, watcher, or challenger at a polling place Serving as election judge or clerk Serving as election judge or clerk Driving voters to a polling place Driving voters to a polling place Solicit or receive uncompensated volunteer services (except subordinates/anyone with official matters before DoD Solicit or receive uncompensated volunteer services (except subordinates/anyone with official matters before DoD

33. Permissible Activities Civilians may participate in the following political fundraising activities: Manage or organize a political fundraiser Manage or organize a political fundraiser hosted or sponsored by others (but you hosted or sponsored by others (but you may not sponsor/host a fundraiser or may not sponsor/host a fundraiser or personally solicit contributions) personally solicit contributions) Attend, address, or be a featured guest at Attend, address, or be a featured guest at a political fundraiser (but cannot solicit a political fundraiser (but cannot solicit contributions) contributions)

34. Prohibited Activities Civilians may NOT: Use official authority to interfere or influence Use official authority to interfere or influence Use official authority to fundraise Use official authority to fundraise Solicit, accept, or receive contributions Solicit, accept, or receive contributions Be a candidate in a partisan election Be a candidate in a partisan election Undertake political activity while on duty or while using Government resources Undertake political activity while on duty or while using Government resources Engage in political activity in the workplace, in a government vehicle or while wearing a government uniform Engage in political activity in the workplace, in a government vehicle or while wearing a government uniform Wear buttons on duty Wear buttons on duty

35. Prohibited Activities Civilians may NOT: Use your official authority or influence to Use your official authority or influence to interfere with an election interfere with an election Display any political signs, buttons, or Display any political signs, buttons, or literature in any Federal office or literature in any Federal office or building building Use or allow use of your official title Use or allow use of your official title Knowingly solicit or discourage the Knowingly solicit or discourage the political activity of any person who has political activity of any person who has business before the agency business before the agency

36. Civilian Employee Wrap Up Most employees may NOT engage in political activity while - On duty On duty In a government office In a government office Wearing an official uniform Wearing an official uniform Using a government vehicle Using a government vehicle

37. Political Activities of Certain Civilian Employees Basic concept is a ban on partisan political activity Basic concept is a ban on partisan political activity May not: May not: Circulate PetitionsCirculate Petitions Organize/manage political rally/groupOrganize/manage political rally/group Campaign for or against partisan candidateCampaign for or against partisan candidate Additional restrictions based on position (career SES; members of contract appeals boards) and agency (NSA, DIA, NGA)

38. Political Activities Civil & Criminal Statutes 2 USC 441 18 USC 596 18 USC 607 5 USC 3303 18 USC 597 18 USC 608 10 USC 973 18 USC 600 18 USC 609 18 USC 210 18 USC 601 18 USC 610 18 USC 211 18 USC 602 18 USC 592 18 USC 603 18 USC 593 18 USC 604 18 USC 594 18 USC 605 18 USC 595 18 USC 606

39. Political Activities Civil & Criminal Statutes Statutory Restrictions Statutory Restrictions Solicitation of ContributionsSolicitation of Contributions 18 U.S.C. §§ 602 & 607 Armed Forces Involvement/ InterferenceArmed Forces Involvement/ Interference 18 U.S.C. §§ 592, 593, 596, & 609

40. Political Activities Intimidation of voters 18 U.S.C. §§ 594 & 60618 U.S.C. §§ 594 & 606 Vote Green! Please.

41. Lobbying Anti-Lobbying Act – 18 U.S.C. §1913 Anti-Lobbying Act – 18 U.S.C. §1913 Prohibits “grass roots” campaignsProhibits “grass roots” campaigns Does not prohibit expression of agency views on legislationDoes not prohibit expression of agency views on legislation Recurring appropriation languageRecurring appropriation language -No propaganda -No influencing congressional action

42. Use of DoD Resources DoD Public Affairs Policy Guidance Concerning Political Campaigns and Concerning Political Campaigns and Elections - 2008 Elections - 2008 Installations may not be used for political activitiesInstallations may not be used for political activities Do not support off-base political eventsDo not support off-base political events AR 360-1AR 360-1

43. SUPPORT No military displays No military displays No military color guard at political events (except for joint honor guard for national convention) No military color guard at political events (except for joint honor guard for national convention)

44. US Office of Special Counsel OSC is an independent OSC is an independent investigative and prosecutorial investigative and prosecutorial agency in the Executive Branch agency in the Executive Branch Provides advisory opinions Provides advisory opinions about the Hatch Act about the Hatch Act Enforces Hatch Act restrictions Enforces Hatch Act restrictions on Political Activity on Political Activity Presumptive Penalty – Removal Presumptive Penalty – Removal Minimum Penalty – 30 Day Suspension Minimum Penalty – 30 Day Suspension

45. Need Help??? U.S. Office of Special U.S. Office of Special Counsel Counsel “Hatch Act Unit”“Hatch Act Unit” On-line advisoryOn-line advisory opinions opinions www.osc.gov/www.osc.gov/www.osc.gov/ hatchact.htm 1-800-85-HATCH1-800-85-HATCH Pamphlet and training video available on AKO in the OCLL Knowledge Center

46. Watch That Email… or If you can’t do the time, don’t send that line! OSC alleges that U.S. Environmental Protection Agency (EPA) employee sent an e-mail message to about 15 of her EPA coworkers while she was on duty and in her Federal office building. The message contained a widely-circulated picture purportedly to be actress Jane Fonda and John Kerry speaking at an anti-war rally. Under the picture were numerous negative statements about Presidential candidate John Kerry, and the statement, “Please keep this going. We do not need this man as our President.”

47. And Another…. U.S. Air Force civilian employee sent an e- mail message: “George W” to more than 70 recipients while he was on duty. The message contained a document mimicking President Bush’s resume and is filled with allegations of incompetence and malfeasance specifically directed at President Bush’s defeat. It also contained the phrases, “Please consider me when voting in 2004” and “Please send this to every voter you know.”

48. Support Your Candidate … Four employees of the Department of Agriculture (USDA) were convicted for political fundraising on Federal property. The USDA employees organized a Political Action Committee and collected a total of $3,250 in checks from various individuals in a USDA building. To encourage donations, the four employees suggested that contributions to the fund might result in special consideration from the USDA officials affiliated with the Administration. Following the election, the four created a list of USDA employees who should not, in their opinion, receive special consideration from the Administration. The four defendants each received four years probation and ordered to pay fines.

49. Scenario 1 A GS-13 career federal employee’s spouse is running for local office in a partisan election. She wants to hold a fundraiser. What is your advice?

50. Scenario 1 A. As the spouse of the candidate, the employee’s name may be on the invitations, but his title may not be included. B. He may attend, but not use his name or title on the invitations. C. He may not participate in any way. D. He may send out invitations by email on his office computer.

51. Scenario 2 A GS-13 part-time employee wants to work as an events organizer on the campaign staff for a Republican candidate. What’s your advice?

52. Scenario 2 A. She may be employed and paid by the campaign as an events organizer. B. She may be a voluntary events organizer. C. She may not organize events for the campaign. D. Both A and B.

53. Scenario 3 A GS-9 career employee is very involved in politics and wants to wear a variety of partisan candidate buttons on his suit jacket. He asks if he may give out free bumper stickers after work in the government parking lot, when he and any interested individuals are off duty. What’s your advice?

54. Scenario 3 A. He may wear his buttons at work but may not hand out free bumper stickers in the parking lot. B. He may wear his buttons at work and may also use his off-duty time to hand out the bumper use his off-duty time to hand out the bumper stickers. stickers. C. He may not wear partisan buttons at work nor distribute partisan political materials of any kind in the government parking lot. D. He may not wear his buttons at work, but he may hand out the bumper stickers.

55. Scenario 4 Rocky, a GS employee, sent an email while on duty in a federal building to over 30 individuals with an attachment announcing a Halloween party for a U.S. Congressman seeking re-election. The email described the Congressman in highly favorable terms and strongly encouraged recipients to attend the event. Did Rocky violate the Hatch Act?

56. Scenario 4 A. Rocky used his email just to express his personal opinion on political matters, so he didn’t do anything wrong. B. Rocky violated the Hatch Act because he used government time and property for partisan political activities. C. Rocky violated the Hatch Act because by sending the message to over 30 individuals he engaged in electronic leafleting. D. Both B and C.

58. Ethics R’ Us MEDCOM221-8400/BLDG. 2792 AMEDDC&S AND FSH221-2373/BLDG. 134 ARNORTH221-1515/BLDG.44 USARSO295-6227/BLDG. 1000 BAMC916-2031/BLDG. 3600 5TH RECRUITING BDE221-0155/BLDG. 2007 IMCOM-WEST295-2278/BLDG. 1000 470TH MI BDE295-6816/BLDG. 1000