During the heavy political atmosphere, some federal employees and service members want not only to vote but also partake in various political activities in support of their candidates.

Although the general public is free to express any view, in any capacity regarding politics, those that work for the federal government, including service members, are regulated in the extent to which they can participate in political activities.

The Hatch Act of 1939 and related statutes applies to federal civilian employees as stated in a memorandum titled “Civilian Employees’ Participation in Political Activities,” released by the Deputy Secretary of Defense, Nov. 14, 2007.

The Hatch Act of 1939 is a United States federal law whose main provision is to prohibit federal employees from engaging in partisan political activity. Named after Sen. Carl Hatch of New Mexico, the law was officially known as an Act to Prevent Pernicious Political Activities.

Those in uniform are limited by the Department of Defense Directive 1344.10 and related regulations.

It is the DOD policy to encourage members of the Armed Forces to carry out the obligations of citizenship; however, the directive states guidelines that decipher appropriate participation in the political process to prevent the appearance of implied endorsement of partisan activities or candidates.

Although federal employees’ guidelines are less restrictive than military members, there are common allowances that apply to both.

For instance, service members and federal employees can make a political contribution to a political party or candidate and display political stickers on privately owned vehicles. They may also register, vote, and express a personal opinion on political candidates and issues, but troops can only do so as a private citizen, not as a representative of the Armed Forces.

Some of the more restrictive rules include the following:

Federal civilian employees can help manage a political campaign or fundraiser, but they along with service members cannot host or sponsor one. They also cannot solicit or receive political contributions.

There are some activities federal employees are afforded that military members are not.

Civilian employees are mainly regulated by the Hatch Act, but service members are regulated by DOD Directive 1344.10, DOD Instruction 1325.06, and can be punished under the Uniform Code of Military Justice, for violating either regulation.

Federal employees can take an active part in a political campaign to include management of the campaign, but service members cannot.

While both federal employees and military members can attend and participate in a political convention, caucus or rally, service members may only do so as a private citizen, not appearing to be a representative of the Armed Forces.

The key message of the letter released by the Deputy SecDef is that federal employees must ensure their political activities do not create a real or apparent conflict of interest with the performance of their official duties. And for members on active duty, the key message of the directive is not to engage in partisan political activities and avoid inferences that their actions imply or appear to imply official sponsorship, approval or endorsement while in uniform.

For the specific guidelines to federal employees and service members’ participation in politics, contact your staff judge advocate or see DOD Directive 1344.10, DOD Instruction 1325.06, the Hatch Act of 1939 and the Deputy SecDef’s memorandum titled “Civilian Employees’ Participation in Political Activities.” For information on voting, contact your Federal Voting Assistance Officer or visit www.fvap.gov.