GUIDANCE ON POLITICAL ACTIVITIES OF DEPARTMENT OF THE NAVY PERSONNEL

[Tony]

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SUBJ/GUIDANCE ON POLITICAL ACTIVITIES OF DEPARTMENT OF THE NAVY PERSONNEL//

REF/A/DOC/DOD DIRECTIVE 1344.10/19FEB08//
REF/B/LTR/DEPSECDEF/15FEB24//
REF/C/DOC/10 U.S.C. SECTION 801 ET SEQ.//
REF/D/DOC/5 U.S.C. SECTIONS 7321-7326//
REF/E/DOC/DODI 1334.01/13JUL21//
REF/F/DOC/5 C.F.R. PARTS 733-734//
REF/G/DOC/5 C.F.R. PART 2635//
REF/H/DOC/DOD DIRECTIVE 5400.17/24JAN23//
REF/I/DOC/32 C.F.R. PART 234//
REF/J/DOC/DODD 1442.11/08NOV2021

NARR/REF A IS THE DOD DIRECTIVE ON POLITICAL ACTIVITIES BY MEMBERS OF THE 
ARMED FORCES.  
REF B IS THE DEPUTY SECRETARY OF DEFENSE MEMORANDUM ON POLITICAL ACTIVITIES.  
REF C IS THE UNIFORM CODE OF MILITARY JUSTICE.  
REF D IS THE HATCH ACT.  
REF E IS THE DOD INSTRUCTION WEARING OF THE UNIFORM.  
REF F IS POLITICAL ACTIVITIES OF FEDERAL EMPLOYEES.  
REF G IS THE STANDARDS OF ETHICAL CONDUCT FOR EMPLOYEES OF THE EXECUTIVE 
BRANCH.  
REF H IS DOD DIRECTIVE ON USE OF SOCIAL MEDIA.  
REF I IS CONDUCT ON THE PENTAGON RESERVATION.  
REF J IS PARTICIPATION OF DOD POLITICAL APPOINTEES IN POLITICAL ACTIVITY.//

RMKS/1.  The Department of the Navy (DON) celebrates democracy and is 
committed to continuing to support and defend the Constitution of the United 
States, as our Sailors, Marines, and civilian personnel have done for nearly 
250 years.  Now that the 2024 election season is upon us, it is more 
important than ever for us to remember that the DON is an apolitical body and 
our members cannot participate in activities that could appear to imply 
sponsorship, approval, or endorsement of a political candidate, campaign, or 
cause.  Public trust and confidence depend on this.

2.  I encourage all DON Service Members and civilian employees to carry out 
the obligations of citizenship, including participation in the electoral 
process.  As the Deputy Secretary of Defense stated in reference (b), it is 
imperative that each of us is aware of the difference between permitted and 
prohibited activities.  For DON Service Members, reference (a) provides a 
non-exhaustive list of permissible and prohibited activities, and is a 
punitive lawful general regulation, violations of which are punishable under 
Article 92 of reference (c).  For civilian employees, the Hatch Act, 
reference (d), governs permissible and prohibited political activities.
Restrictions vary depending on a civilian employee's position or office.  
Department of Defense (DoD) policy further restricting the political 
activities of certain political appointees is addressed in reference (j).

3.  To ensure that DON Service Members and civilians are aware of their 
obligations regarding political activities, commanding officers and 
supervisors at all levels are directed to provide training to their personnel 
on references (a) and (d), which must include briefing on the permissible and 
impermissible activities listed in paragraphs 4 through 6 of this message.
This training must be completed by 15 September 2024.  In the event 
operational requirements prohibit the conduct of the training by this date, 
extension requests must be submitted through the first General or Flag 
Officer in the chain of command, via Chief of Naval Personnel/Deputy 
Commandant (Manpower and Reserve Affairs) and ultimately to the Assistant 
Secretary of the Navy for Manpower and Reserve Affairs for adjudication.

4.  Service Members
    a.  Reference (a) distinguishes restrictions on political activities 
between members on active duty, Reserve members not on active duty, and 
retired members.
    b.  Active duty includes the following:  full-time training duty, annual 
training duty, and attendance while in the active military service at a 
school designated as a Service school.
    c.  All Service Members shall not:
        (1) Act in a manner that could reasonably create the perception or 
appearance of official sponsorship, approval, or endorsement by the DoD or 
the DON;
        (2) Use government equipment for political activities;
        (3) Send or forward political emails or post political messages to a 
social media account while in the federal workplace (including telework), 
even if the individual uses their personal electronic device; and
        (4) Provide support, in their official capacity, to political 
campaign events (e.g., color guard, band, musician singing the National 
Anthem, etc.).
    d.  All Service Members may:
        (1) Register, vote, and express a personal opinion on political 
candidates and issues, but not as a representative of the Armed Forces;
        (2) Promote and encourage others to exercise their voting franchise 
if such does not constitute use of their official authority or influence to 
interfere with the outcome of any election;
        (3) Join a partisan or nonpartisan political club and attend its 
meetings when not in uniform;
        (4) Serve as an election official if such service is not as a 
representative of a partisan political party, does not interfere with the 
performance of military duties, is performed when not in uniform, and the 
Secretary of the Navy has given prior approval;
        (5) Sign a petition for a specific legislative action or a petition 
to place a candidate's name on an official election ballot, if the signing 
does not obligate the member to engage in partisan political activity and is 
done as a private citizen and not as a representative of the Armed Forces;
        (6) Write a letter to the editor of a newspaper expressing the 
Member's personal views on public issues or political candidates if such 
action is not part of an organized letter-writing campaign or a solicitation 
of votes for or against a political party or partisan political cause or 
candidate.  If the letter identifies the Member as on active duty (or if the 
Member is otherwise reasonably identifiable as a member of the Armed Forces), 
the letter should clearly state that the views expressed are those of the 
individual only and not those of the DoD;
        (7) Make monetary contributions to a political organization, party, 
or committee favoring a particular candidate or slate of candidates, subject 
to the limitations of campaign finance law and the limitations against 
campaign solicitations in the federal workplace;
        (8) Display one political bumper sticker on the Member's privately 
owned vehicle;
        (9) Attend partisan and nonpartisan political fundraising activities, 
meetings, rallies, debates, conventions, or activities as a spectator when 
not in uniform and when no inference or appearance of official sponsorship, 
approval, or endorsement can reasonably be drawn;
        (10) Participate fully in the Federal Voting Assistance Program;
        (11) Express personal views on social media that do not promote the 
success or failure of a partisan political candidate or party; and
        (12) "Friend," "like," or "follow" a social media page or the social 
media account of a political party or partisan candidate, campaign, group, or 
cause.
    e.  Service Members on active duty shall not:
        (1) Participate in partisan political fundraising activities (except 
as permitted in subparagraph 3.d.), rallies, conventions (including making 
speeches in the course thereof), management of campaigns, or debates, either 
on one's own behalf or on that of another, without respect to uniform or 
inference or appearance of official sponsorship, approval, or endorsement.
Participation includes more than mere attendance as a spectator;
        (2) Use official authority or influence to interfere with an 
election, affect the course or outcome of an election, solicit votes for a 
particular candidate or issue, or require or solicit political contributions 
from others;
        (3) Allow or cause to be published partisan political articles, 
letters, or endorsements signed or written by the member that solicits votes 
for or against a partisan political party, candidate, or cause.  This is 
distinguished from a letter to the editor as permitted under the conditions 
noted in subparagraph 3.d.(6).
        (4) Serve in any official capacity with or be listed as a sponsor of 
a partisan political club;
        (5) Speak before a partisan political gathering, including any 
gathering that promotes a partisan political party, candidate, or cause;
        (6) Participate in any radio, television, or other program or group 
discussion as an advocate for or against a partisan political party, 
candidate, or cause;
        (7) Conduct a political opinion survey under the auspices of a 
partisan political club or group or distribute partisan political literature;
        (8) Perform clerical or other duties for a partisan political 
committee or candidate during a campaign, on an election day, or after an 
election day during the process of closing out a campaign;
        (9) Solicit or otherwise engage in fundraising activities in federal 
offices or facilities, including military installations, for any political 
cause or candidate;
        (10) March or ride in a partisan political parade;
        (11) Display a large political sign, banner, or poster (as 
distinguished from a bumper sticker) on a private vehicle;
        (12) 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;
        (13) Participate in any organized effort to provide voters with 
transportation to the polls if the effort is organized by or associated with 
a partisan political party, cause, or candidate;
        (14) Sell tickets for or otherwise actively promote partisan 
political dinners and similar fundraising events;
        (15) Attend partisan political events as an official representative 
of the Armed Forces;
        (16) Make a campaign contribution to, or receive or solicit (on one's 
own behalf) a campaign contribution from, any other member of the Armed 
Forces on active duty; and
        (17) Promote the success or failure of a partisan political candidate 
or party on social media, which includes posting or distributing direct links 
to a political party, candidate, campaign, or cause or suggesting that others 
like, friend, or follow the political entity.
        (18) Additional restraints on impermissible activities can be found 
in reference (a).  Activities not expressly prohibited may be contrary to the 
spirit and intent of reference (a).  Any activity that may be reasonably 
viewed as directly or indirectly associating the DoD, or any component, with 
a partisan political activity shall be avoided.
    f.  Reserve members not on active duty and retired members:
Per reference (a), while Reserve members not on active duty, as defined in 
3.b., and retired members are not subject to the prohibitions of paragraph 
3.e., they still shall not:
        (1) Use their military rank, job title, and photographs in uniform in 
campaign literature (including web sites, videos, television, and 
conventional print advertisements) to imply DoD or DON endorsement;
        (2) Use or allow the use of photographs of themselves in uniform in 
campaign literature, unless:  (1) such photographs are not the primary 
graphic representation; and (2) are accompanied by a prominent and clearly 
displayed disclaimer that neither the military information nor photograph 
implies endorsement by the DoD or the DON;
        (3) Depict themselves in campaign literature or in uniform in a 
manner that does not accurately reflect their actual performance of duty 
(i.e., reserve or retired status);
        (4) Use the official Navy or Marine Corps seals or emblems in 
campaign literature; and
        (5) On social media, act in a manner that could reasonably create the 
perception or appearance of official sponsorship, approval, or endorsement by 
the DoD or DON.
    g.  Article 88, UCMJ, reference (c), prohibits contemptuous speech by any 
commissioned officer directed at the President, the Vice President, Congress, 
the Secretary of Defense, the Secretary of a Military Department, the 
Secretary of Homeland Security, or the Governor or legislature of any State, 
Commonwealth, or possession in which the officer is on duty or present.

5.  DoD civilians
    a.  Reference (d), the Hatch Act, governs participation in political 
activities by DoD civilians.  DoD policy further restricting the political 
activities of certain political appointees is addressed in reference (j).  
These restrictions vary depending on an employee's position or office.  There 
are two sets of restrictions for civilian employees:  those for Less 
Restricted employees and those for Further Restricted employees.
    b.  Further Restricted employees include individuals appointed by the 
President and confirmed by the Senate, career Senior Executive Service (SES) 
employees, and non-career SES employees, Contract Appeals Board members, or 
employees of the National Security Agency, Defense Intelligence Agency, or 
National Geo-Spatial-Intelligence Agency.
    c.  Less Restricted employees include DoD civilian employees and Schedule 
C political appointees.
    d.  All DON civilians (Less and Further Restricted) shall
not:
        (1) Use or permit the use of their government position or title, or 
any authority associated with their public office, in a manner that could 
reasonably be construed to imply that their agency or the government 
sanctions or endorses their personal activities or those of another.
        (2) Use government equipment for political activities;
        (3) Send or forward political emails or post political messages to a 
social media account while in the federal workplace (including telework), 
even if the individual uses their personal electronic device; and
        (4) Solicit, accept, or receive political contributions.
    e.  All DON civilians may:
        (1) Express their personal opinions;
        (2) Make monetary contributions to a campaign; and
        (3) Attend, but not actively participate in, campaign events or 
fundraising functions sponsored by candidates for partisan political office 
or political parties, in their personal capacity.
        (4) Work as an election judge or poll watcher for the city or county 
on Election Day.
        (5) Work or stand at the polls, for a political party or candidate, 
on Election Day.
    f.  Less Restricted DON civilians may:
        (1)  Volunteer with a political campaign or political organization in 
their personal capacity, including organizing political rallies and meetings, 
making phone calls on behalf of a candidate, serving as a delegate to a party 
convention, and working for a political party to get out the vote on Election 
Day; and
        (2) Work or stand at the polls, for a political party or candidate, 
on Election Day.
    g.  Further Restricted DON civilians.  In addition to the restrictions of 
paragraph 6.d, Further Restricted DON civilians shall not:
        (1) Volunteer or work on a campaign of a candidate running for 
office; and
        (2) Work or stand at the polls, for a political party or candidate, 
on Election Day.

6.  Contractors
    a.  Although not subject to the prohibitions contained in references (a) 
through (h), contractors are subject to any general restrictions imposed by 
installation commanders on political activities on government property.
    b.  In the case of contractors within the Pentagon reservation, 
restrictions on political activities are imposed by the Washington 
Headquarters Service pursuant to reference (i).
    c.  Individual contracts may contain further restrictions on political 
activities.  DON personnel may obtain information regarding any restrictions 
on contractors in their workplace by contacting the appropriate contracting 
officer or their representative.

7.  Released by the Honorable Carlos Del Toro, Secretary of the Navy.//

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