DOD Public Affairs Office

2016 DoD Political Activity Public Affairs Guidance_080828

 

Current as of: August 28, 2015 1
UNCLASSIFIED/FOR OFFICIAL USE ONLY
Subject: 2016 DoD Public Affairs Guidance for Political Campaigns and Elections
1. References.
a. DoDI 5405.3, Development of Proposed Public Affairs Guidance (PPAG)
b. 2012 DoD Public Affairs Guidance for Political Campaigns and Elections
c. DoDD 1344.10, Political Activities by Members of the Armed Forces
d. 5 U.S.C, Sec. 7321-7326, The Hatch Act of 1939, as amended in 1993
e. 5 C.F.R. Parts 733-734, Political Activities of Federal Employees
f. DoDD 5230.09, Clearance of DoD Information for Public Release
g. DoDI 5120.4, DoD Newspapers, Magazines and Civilian Enterprise Publications
h. DoDI 1100.13, Surveys of DoD Personnel
i. DoDI 5120.20, American Forces Radio and Television Service (AFRTS)
j. DoDR 5120.20-R, Management and Operation of AFRTS
k. DoDI 1334.1, Wearing of the Uniform
l. AFI 36-2903, Dress and Personal Appearance of Air Force Personnel
m.AR 670-1, Wear And Appearance of Army Uniforms And Insignia
n. NAVPERS 15665I, United States Navy Uniform Regulations
o. MCO P1020.34G, Marine Corps Uniform Regulations
p. DoDD 5410.18, Public Affairs Community Relations Policy
q. DoDI 5410.19, Public Affairs Community Relations Policy Implementation
r. DoDI 1000.04, Federal Voting Assistance Program (FVAP)
s. 2016-2017 Voting Assistance Guide
t. U.S Office of Special Counsel, Frequently Asked Questions Regarding Social Media and
the Hatch Act, dated April 4, 2012 (supersedes social media advisory, dated August 10,
2010)
u. Internal Revenue Code
v. 18 U.S.C. 609, Use of military authority to influence vote of member of Armed Forces
2. Background and Coordination.
2.1. This Public Affairs Guidance (PAG) rescinds reference (b), and will remain in effect
until amended.

2.2. This is OSD Public Affairs approved PAG. Commanders and leadership will ensure widest
dissemination, implementation and compliance. This guidance governs activities relating to
federal, state, and local political campaigns and elections. Nothing in this guidance is intended
to inhibit the appropriate representation by elected officials of constituents who happen to live or
work on a military installation. The prohibitions of this message apply with equal force to noncandidates
who seek to campaign for or conduct election activity on behalf of a candidate. None
of the prohibitions contained in this guidance will apply to the president or the vice president.
Current as of: August 28, 2015 2

2.3. A candidate for civil office as defined by DoD Directive 1344.10, Political Activities by
Members of the Armed Forces, may not be permitted to engage in campaign or election-related
activities (e.g., public assemblies, town hall meetings, speeches, fund-raisers, press conferences,
post-election celebrations, and concession addresses) while on a United States military
installation, which includes overseas installations and areas under the control of combat or
peacekeeping forces of the United States military.

2.4. National Guard armories and other state facilities will review applicable state law for
guidance and restrictions.

2.5. Definition of political campaigns and elections. A political campaign or election begins
when a candidate, including an incumbent officeholder, makes a formal announcement that he or
she seeks to be elected to a federal, state, or local political office. A political campaign or
election also begins when an individual files for candidacy with the Federal Election
Commission or equivalent state or local regulatory office. Once initiated, a political campaign or
election does not end until one week after the conclusion of the relevant election.

2.6. Support of Political Activities by DoD Personnel.

2.6.1. The Department of Defense has a longstanding policy of encouraging DoD personnel
(including members of the Armed Forces on active duty (AD), members of the reserve
components (RC) not on AD, and retired members) to carry out the obligations of citizenship.
However, active duty members should not engage in partisan political activities and should
avoid the inference that their political activities imply or appear to imply DoD sponsorship,
approval, or endorsement. Political activity by members of the Armed Forces continues to be
governed by reference (c). Political activity by federal civilian personnel continues to be
governed by references (d) and (e).

2.6.2. Public commentary and endorsement. Any activity that may be reasonably viewed as
directly or indirectly associating withthe DoD, or any component or personnel of the
department, with a partisan political activity or is otherwise contrary to the spirit and intention
of this policy guidance will be avoided. Public commentary, distribution of campaign
literature, and other forms of permissible and prohibited partisan political activity are detailed
further in the references listed in section one of this PAG.

2.6.3. Consistent with this policy guidance, installation commanders will decline requests for
military personnel or federal civilian employees to appear in or support political campaign or
election events.

2.6.4. All members of the Armed Forces, including active duty members, members of the RC not
on active duty, and retired members, are prohibited from wearing military uniforms at political
campaign or election events (references (k-o) apply). This prohibition is not applicable to the
provision of joint Armed Forces color guards at the opening ceremonies of the national
conventions of the Republican, Democratic, and other political parties formally recognized by the
Federal Election Commission.
Current as of: August 28, 2015 3

2.7. Federal Voting Assistance Program (FVAP).

2.7.1. DoD provides information so that all members of the Armed Forces, federal civilian
employees and their eligible family members have the opportunity to register and vote.
Consistent with references (p) and (q), DoD will support FVAP by publishing factual
information about registration and voting laws, with special emphasis on absentee voting
requirements.
Additionally, commanders will provide voting assistance officers at every level of command and
ensure they are trained and equipped to provide voting assistance.

2.7.2. All members of the Armed Forces and federal civilian employees assisting in the voting
process will take all necessary steps to prevent fraud and to protect voters against any coercion.
No member of the Armed Forces or any federal civilian employee shall attempt to influence the
voting or participation of any other member.

2.7.3. Nothing in this guidance will be considered to prohibit free discussion about political
issues or candidates for public office as detailed in 18 U.S.C. 609.

2.7.4. Commanders responsible for operation of military post offices will ensure expeditious
processing of balloting material and proper postmarking and date stamping of absentee ballots.

2.7.5. Voting assistance information is available through the Director, Federal Voting Assistance
Program, 1155 Defense Pentagon, Washington, D.C. 20301-1155. Voting assistance information
also is available by telephone at commercial (800) 438-8683, (703) 588-1584, DSN 425-1584,
by fax (703) 696-1352, DSN 426-1352, by e-mail ([email protected], or at the website
www.FVAP.gov).

2.8. National Voter Registration Act (NVRA). In accordance with DoDI 1000.04,
Implementation of the NVRA (reference r), the secretaries of the military departments will
ensure that all personnel assigned to recruitment offices are informed of DoD policy on NVRA
to guarantee all prospective enlistees the opportunity to register to vote.

2.9. Inquiries from political campaign organizations. DoD personnel must forward all inquiries
from political campaign organizations to a public affairs officer (PAO) for awareness and
appropriate action. In response to specific inquiries and per reference (f), PAOs will only
provide information that is available to the general public.

2.10. Use/Access of Installation Facilities by Candidates and for Political Activities.

2.10.1. A candidate who holds a civil office with responsibilities that affect a military installation
or those who live or work there may be granted access to a military installation in certain defined
situations.

2.10.2. A political candidate may access an installation to conduct official business (e.g.,
business not related to campaigning) and to take advantage of activities, services or resources
that are available to him or her by virtue of law or policy, such as recreational activities open to
the public or entitlements or benefits such as medical facilities, commissaries, or post/base
Current as of: August 28, 2015 4
exchanges.

2.10.3. Candidates who are not current office holders or serving government officials will be
granted the same access to installations as any unofficial visitor.
2.10.4. Installation commanders shall coordinate with their legal advisor and forward notice of
contact from a presidential or vice presidential campaign to their local service public affairs
office for coordination with the office of the secretary for each military department concerned.
Installation commanders will, through their service legislative affairs offices, also consult the
Office of the Assistant Secretary of Defense for Legislative Affairs (OASD(LA)) for guidance
or instructions regarding specific visitation requests.

2.10.5. When analyzing a candidate’s request for access to an installation, the commander shall
first determine whether the request is to conduct official, personal or campaign business. The
following types of requests are presumed to be for political campaign purposes and will
generally be denied:

2.10.5.1. Requests for access to military installations or facilities from campaign organizations
as opposed to the official staff of the office that the candidate currently holds.

2.10.5.2. Requests for access to military installations or facilities by family members of
candidates when such family members are not otherwise entitled to access by law or policy or
who otherwise do not have an independent official purpose.

2.10.5.3. Requests for access to military installations or facilities that include accompaniment by
campaign staff and/or press.

2.10.6. Installation commanders shall not permit the use of military facilities by any candidate
for political campaign or election events, including public assemblies or town hall meetings,
speeches, fundraisers, press conferences, post-election celebrations and concession addresses.

2.10.7. This PAG does not prohibit members of Congress and other elected or appointed officials
from visiting military installations to receive official briefings, tours, or other official DoD
information. Installation commanders shall prohibit candidates who visit military installations to
conduct official business (e.g., business not related to campaigning) from engaging in any
political campaign or election activity during the visit.
An installation commander may permit nonpartisan voter registration activities on an installation
by state and county officials, or groups recognized in accordance with section 501(c)(19) of the
Internal Revenue Code (Reference (v)), subject to all applicable military installation rules and
regulations governing such activities on military installations. The Installation Voting Assistance
Officer should be notified if access is granted.

2.10.8. Documenting (still and video) on military installations. Installation commanders shall
not allow candidates or their agents to obtain still or video imagery of military equipment (e.g.,
ships, tanks, and aircraft) for use in political campaign or election advertisements, commercials,
or literature. Absent exceptional operations security concerns, this guidance does not apply to
candidates or their assistants who elect to document equipment from a location outside the
confines of an installation. This does not apply to imagery of elected or appointed officials

Current as of: August 28, 2015 5
photographed while on official business or travel (e.g., not related to campaigning).

2.11. Military Installation Facilities as Polling Places.

2.11.1. As of December 31, 2000, if an installation facility is designated as an official polling
place by a state or local election official or has been used as a polling place since January 1,
1996, installation commanders will not deny the use of that facility as a polling place for federal,
state, or local elections. The Secretary of Defense or the secretary of the military department
concerned may grant a waiver of the requirement to allow use of the facility if that secretary
determines that local security conditions require prohibition of the designation or use of that
facility as an official polling place for any election. Installation commanders shall ensure that all
active duty military personnel remain clear of such polling places except as necessary to exercise
their individual voting rights.

2.11.2. With respect to any installation facility not covered by 2.11.1., installation commanders
will not allow the use of installation facilities as polling places for federal, state, or local
elections.

3. Public Affairs (PA) Posture. The public affairs posture is active. Public affairs personnel and
military leadership will actively seek opportunities to clarify and articulate DoD guidance on
partisan activities, elections and campaigns to ensure DoD personnel, political candidates and
staff, and the American public are informed and aware.

4. Holding Statement. N/A

5. Public Statement.
(Begin) The Department of Defense has a longstanding and well-defined policy regarding
political campaigns and elections to avoid the perception of DoD sponsorship, approval or
endorsement of any political candidate, campaign or cause. The Department encourages and
actively supports its personnel in their civic obligation to vote but makes clear that members of
the Armed Forces on active duty should not engage in partisan political activities to avoid this
perception.
To mitigate the perception of endorsement or support, no candidate for civil office is permitted to
engage in campaign or election-related activities while on a DoD installation or in a DoD
facility. Any activity that may be reasonably viewed as directly or indirectly associating the
DoD, or any component or personnel of the department, with or in support of political campaign
or election events is strictly prohibited. (End)

6. Themes & Messages.

6.1. The DoD has a longstanding and well-defined policy regarding political campaigns and
elections to avoid the perception of sponsorship, approval or endorsement of any political
candidate, campaign or cause.

6.2. DoD policy on political campaigns and elections supports and enables a fair political process
by denying the use of DoD installations and facilities for political campaign or election activities.
Current as of: August 28, 2015 6

6.3. DoD leadership encourages and actively supports its personnel in their civic obligation to
vote, but makes clear that members of the Armed Forces on active duty are prohibited from
engaging in prohibited partisan political activities to avoid the perception of DoD sponsorship,
approval or endorsement, including wear of the uniform at any political event (see references ko).
The department recognizes that voting is one of the most fundamental rights afforded to U.S.
citizens. The decision whether to vote is a personal one, but the Federal Voting Assistance
Program works to ensure all service members who want to vote have the tools and resources to
successfully do so from anywhere in the world.

7. Questions and Answers.

Q1. What is the DoD policy regarding political activities by members of the Armed Forces?

A1. DoD has a longstanding policy of encouraging military personnel to carry out the
obligations of citizenship. However, active duty members will not engage in partisan political
activities and all military personnel will avoid the inference that their political activities imply
or appear to imply DoD sponsorship, approval or endorsement of a political candidate,
campaign or cause.

Q2. Can political candidates visit a DoD installation or facility?

A2. A candidate for civil office may not be permitted to engage in campaign or election-related
activities (e.g., public assemblies, town hall meetings, speeches, fund-raisers, press conferences,
post-election celebrations, and concession addresses) while on a DoD installation, which
includes overseas installations and areas under the control of combat or peacekeeping forces of
the United States military.

Q3. Can a seated politician visit a DoD installation or facility if they are campaigning for
office?

A3. A candidate who holds a civil office may visit a DoD installation or facility for the purpose
of conducting official business (e.g., business not related to campaigning) or to access
entitlements or benefits the candidate is authorized to use; however, no candidate running for
office is permitted access for campaign or election purposes.

Q4. How does DoD define when a political campaign begins and ends?

A4. According to DoD policy, a political campaign or election begins when a candidate,
including an incumbent officeholder, makes a formal announcement to seek political office or
when an individual files for candidacy with the Federal Election Commission or equivalent
regulatory office. Once initiated, a political campaign or election does not end until one week
after the conclusion of the relevant election.

Q5. What political activities can a service member participate in and which ones are
prohibited?

A5. DoD has a longstanding policy of encouraging military personnel to carry out the obligations
of citizenship, and certain political activities are permitted, such as voting and making a personal
monetary donation. However, active duty members will not engage in partisan political activities,
and all military personnel will avoid the inference that their political activities imply or appear to
Current as of: August 28, 2015 7
imply DoD sponsorship, approval or endorsement of a political candidate, campaign or cause.
Examples of political activities that are prohibited include campaigning for a candidate,
soliciting contributions, marching in a partisan parade and wearing the uniform to a partisan
event. For a complete list of permissible and prohibited activities, please consult DoD
Directive 1344.10, Political Activities by Members of the Armed Forces (reference (c)).

Q6. Does that mean a service member can vote, but not actively support a particular
candidate or cause?

A6. Unquestionably, service members can exercise their right to vote. However, active duty
members will not engage in partisan political activities and will avoid the inference that their
political activities imply or appear to imply DoD sponsorship, approval, or endorsement. For a
list of permissible and prohibited activities, please consult DoD Directive 1344.10, Political
Activities by Members of the Armed Forces (reference (c)).

Q7. Does DoD support and encourage its personnel to vote?

A7. DoD encourages all members of the Armed Forces and federal civilian employees to register
and vote. The department actively supports the Federal Voting Assistance Program to ensure its
personnel have the resources, time and ability to participate in their civic duty. Additionally,
department leaders and military commanders appoint voting assistance officers at every level of
command and ensure they are trained and equipped to provide voting assistance.

Q8. Can a DoD installation be used as a polling place in an election?

A8. As of December 31, 2000, if an installation facility is designated as an official polling place
by an election official or has been used as a polling place since January 1, 1996, installation
commanders will not deny the use of that facility as a polling place for any election. The
Secretary of Defense or the secretary of the military department concerned may grant a waiver of
the requirement to allow use of the facility if it is determined that security is a concern. All
members of the Armed Forces on active duty are instructed to remain clear of all polling places
except when voting.

Q9. Does DoD provide any voting assistance?

A9. Yes, DoD provides voting assistance via the Federal Voting Assistance Program. FVAP
works to ensure service members, their eligible family members and overseas citizens are aware
of their right to vote and have the tools and resources to successfully do so – from anywhere in
the world – via FVAP.gov. The services also provide voting assistance officers at the unit level
to facilitate in-person assistance when required.

8. PA Communication Planning Instructions and Command Relationships

8.1. Media questions regarding DoD public affairs policy guidance concerning political
campaigns and elections will be addressed to Office of the Assistant to the Secretary of
Defense for Public Affairs (OATSD(PA)), DoD Press Operations Office, at commercial (703)
697-5131 or DSN 227-5131. Service public affairs are directed to notify OATSD(PA) of all
concerns, disputes, unresolved issues, or potential problems regarding federal candidates.
Additionally, legal interpretation of this guidance is available from appropriate legal advisors.
The Office of the Under Secretary of Defense (Personnel and Readiness) (OUSD(P&R))
Office of Legal Policy, is the office of primary responsibility in DoD for resolution of disputes
Current as of: August 28, 2015 8
or other significant potential problems concerning policy in this guidance. Concerns and
issues involving federal candidates will first be raised through service legal advisors, who will
then contact the Office of Legal Policy as required. Ultimate authority for resolution of any
issues or problems related to this guidance lies with the OUSD(P&R). Inquiries may also be
addressed through service legislative affairs offices to OASD(LA).

8.2. Defense Media Activity. Per references (i) and (j), Defense Media Activity(DMA) shall
provide a free flow of balanced, informational coverage of political campaigns and elections
provided by U.S. commercial and public networks free of charge. Under the direction of
DMA, American Forces Radio and Television Service (AFRTS) shall exercise great care to
provide news regarding political campaigns and elections absent political comment, analysis,
or interpretation. Although coverage may include political comment, analysis, or interpretation
from sources provided by U.S. commercial and public networks free of charge as part of its
informational coverage, DMA production components shall not support or oppose any
candidates, causes, or issues. Additionally, AFRTS shall not broadcast advertisements or
announcements paid for by a candidate, an organized political party, political action
committee, or a private group seeking to influence the outcome of a political campaign or
election.

9. Media Operations.

9.1. Owned media.
9.1.1. Still and video imagery produced in support of coverage about DoD policy on elections and
political activity must be forwarded to the Joint Combat Camera Center at the earliest possible
opportunity and by the quickest available means to support OSD/PA and joint staff imagery
requirements. Questions regarding imagery transmission will be addressed to the Joint Combat
Camera Center at commercial (301) 833-4938, DSN 733-4938, t060368oll-free (888) 743-4662
or by email at [email protected] or [email protected]. Imagery must be marked “not for
public release” and will only be used for internal communication.

9.1.2. Per reference (g), DoD newspapers, magazines, and civilian enterprise publications will
not publish information provided by a candidate’s campaign organization, partisan
advertisements and discussions, or cartoons, editorials, and commentaries dealing with political
campaigns or elections, candidates, causes, or issues. Per reference (g), DoD newspapers and
civilian enterprise publications may not conduct or publish polls, surveys, or straw votes relating
to political campaigns or elections, candidates, causes, or issues.

9.2. Media Coverage of Installation Visits.

9.2.1. Before a candidate visits a military installation for official business (e.g., business not
related to campaigning), the media may be granted access to cover the candidate’s official
business.

9.2.2. When an installation commander approves a candidate to visit an installation to participate
in official business and the media is granted access to cover the event, the candidate may appear
on camera and in photographs as an official participant and may make a statement or answer
questions about the official business being conducted.
Current as of: August 28, 2015 9

9.2.3. Installation officials shall inform visiting candidates and their staffs that candidates
will refrain from making campaign or election-related statements or responding to a
campaign or election- related media query while on the installation.

9.2.4. The installation commander shall not request that the candidate’s remarks be reviewed
beforehand.

9.2.5. Installation officials shall inform visiting candidates and their professional staffs that
footage, photographs or statements taken or recorded during official business visits (e.g.,
business visits not related to campaigning) may not be used for campaign or election-related
purposes. However, while the candidate or campaign staff may highlight these candidates’
support of the Armed Forces, nothing should be used to imply or appear to imply DoD or
military personnel sponsorship, approval, or endorsement of the candidate.

9.2.6. When a candidate for civil office, other than the president or vice president, arrives or
departs a military installation, and the elected official’s itinerary includes a political campaign or
election activity in the local community, the installation commander may not authorize media
coverage of the arrival or departure.

9.2.7. When the president or vice president arrives or departs a military installation, and part of
that official’s itinerary includes a political campaign or election activity in the local community,
the installation commander shall allow the media a photo opportunity to cover the arrival or
departure of the president or vice president.

9.2.8. Installation commanders anticipating a visit by the president or vice president that may
involve partisan political campaign or election activities in the local community shall, through
their service legislative affairs offices, coordinate with OASD(LA) and ensure that the
president’s or vice president’s staff assistants planning the visit are aware of the provisions of
DoD’s political activities policy guidance.

9.3. Media Embeds/Embarks and Space Available Travel. N/A

9.4. Online/Social Media.

9.4.1 Due to their popularity, sites such as Facebook and Twitter are specifically mentioned
below; however, the guidance provided applies equally to all other social media platforms, such
as Tumblr, MySpace, LinkedIn, etc. The following policy guidance addresses the use of social
media for political purposes and applies to members of the Armed Forces on active duty.
Reference (v) details similar guidance applicable to federal civilian employees.

9.4.2. An active duty service member may generally express his or her own personal views on
public issues or political candidates via social media platforms, such as Facebook, Twitter, or
personal blogs, much the same as they would be permitted to write a letter to the editor of a
newspaper. If a social media site/post identifies the member as on active duty (or if the member
is otherwise reasonably identifiable as an active duty member), then the entry will clearly and
prominently state that the views expressed are those of the individual only and not those of the
Department of Defense (or Department of Homeland Security for members of the Coast Guard).
Current as of: August 28, 2015 10
An active duty member may not, however, engage in any partisan political activity. Further, an
active duty member may not post or make direct links to a political party, partisan political
candidate, campaign, group, or cause because such activity is the equivalent of distributing
literature on behalf of those entities or individuals, which is prohibited by reference (c).

9.4.3. An active duty member may become a friend of or like the Facebook page, or follow the
Twitter account of a political party or partisan candidate, campaign, group, or cause. However,
active duty members will refrain from engaging in activities with respect to those entities’ social
media accounts that would constitute political activity. This would include, for example,
suggesting that others like, friend, or follow the political party, partisan political candidate,
campaign, group, or cause, or forwarding an invitation or solicitation from said entities to
others. See reference (c) for further clarification.

9.4.4. In addition to reference (c), active duty members are subject to additional restrictions
based on the Joint Ethics Regulation, the Uniform Code of Military Justice, and service-specific
rules, to include rules governing the use of government resources and governmental
communications systems, such as email and internet usage.

9.4.5. Members of the Armed Forces not on active duty are not subject to the social media
restrictions listed above so long as the member does not act in a manner that could reasonably
create the perception or appearance of official sponsorship, approval or endorsement by the
DoD or the member’s service.

10. Public Affairs Points of Contact.

10.1. OASD/PA: LtCol Gabrielle Hermes; commercial: 703-697-6727, email:
[email protected]