Don’t run afoul of political activity rules this election season

With elections coming up in November, the Coast Guard Office of General Law (CG-LGL) would like to remind servicemembers and civilians to review and abide by the rules and regulations on political activities. Rules for service members are enshrined in Department of Defense (DoD) and Coast Guard instructions, while rules for civilian federal employees are outlined in the Hatch Act. 
 
The Hatch Act restricts Federal civilian employees’ political activities to ensure nonpartisanship in government and bolster transparency and public trust.  
 
The consequences of violating the Hatch Act are real and can be serious. Earlier this year, a Coast Guard employee was investigated by the U.S. Office of Special Counsel for making various posts on her personal Facebook account supporting or opposing various political candidates while the employee was on duty. The employee received a 90-day unpaid suspension for violating the Hatch Act. 
 
Likewise, Coast Guard members who engage in prohibited political activities could face administrative consequences or even disciplinary action under the Uniform Code of Military Justice (UCMJ). 
 
General Principles 
Federal employees may not engage in political activity while on duty (including telework), in a government room or building, or wearing an official uniform or insignia, even when using personal devices. 
 
For the purposes of the Hatch Act, "political activity” is activity directed toward the success or failure of a political party, candidate for partisan political office, or partisan political group. In other words, advocating for or opposing a candidate or political party while on duty is likely a violation of the Hatch Act. 
 
Further, all employees are prohibited from: 

• Being a candidate in a partisan election (with limited exceptions) 
• Knowingly soliciting or discouraging political activity of anyone who has pending business before the Department 
• Inviting subordinates to political events or otherwise suggesting they engage in political activities 
• Using official authority or influence to interfere with or affect the result of an election 
• Solicit, accept or receive a donation or contribution for a partisan political party, candidate for partisan political office, or partisan political group. 

Prohibited Activities for Active-Duty Service Members 
Active-duty members are prohibited from engaging in partisan political activity in a manner that could imply that the Coast Guard or DHS aligns with or endorses a particular political party or candidate. A list of prohibited activities is below. Note that these actions would also likely constitute violations of the Hatch Act if conducted by civilian employees while on duty: 

• Endorsing Political Candidates: Avoid endorsing or promoting political candidates or parties on social media platforms.  
• Sharing Partisan Content: Avoid sharing content that explicitly supports or denounces a particular political candidate or party. Refrain from creating or joining online groups or forums that advocate for specific political candidates or parties.  
• Official Titles or Uniforms in Political Contexts: As a starting point, any activity that can be reasonably viewed as directly or indirectly associating the Department of Homeland Security or the Coast Guard with partisan political activity is contrary to DoD and Coast Guard policy and shall be avoided. Refrain from using official titles, positions, or wearing uniforms in a manner that suggests endorsement of political views. Keep personal and professional identities separate on social media platforms.  
• Participating in Fundraising Activities: Steer clear of soliciting funds for political campaigns or causes.  
• Making Partisan Statements in Official Capacity: Avoid making statements or expressing opinions on behalf of the military that align with specific political ideologies. Focus on posting factual and non-political information that promotes unity within the ranks.  
• Engaging in Partisan Discussions During Duty Hours: Official responsibilities are the priority; avoid political discussions and interactions on social media during duty hours. Save political discussions and interactions for personal time outside of duty hours.  
• Retweeting or Sharing Partisan Content from Official Accounts: Such activity constitutes participation in partisan political activities, which is prohibited. Refrain from retweeting or sharing partisan content from official military or government accounts. Maintain a clear distinction between personal and professional online engagements.  

• Using Military Facilities or Equipment for Political Purposes: Service members must not use military facilities, equipment, or resources to further political agendas or activities. Keep political engagements entirely separate from official duties and resources.  

Important Distinctions on Social Media for Active-Duty Members 
Active-duty military members may express their personal opinions on public issues or candidates for public office via personal accounts on social media platforms in the same way they could write a letter to the editor of a newspaper. If, when expressing their personal opinions, personnel are identified by a social media site as service members, the posting must clearly and prominently state that the views expressed are the personal opinions of the individual and do not represent the views of either the Department of Homeland Security or the Coast Guard. 
 
In other words, active-duty military members are prohibited from participating in partisan political activity in a manner that would allow others to infer that the Coast Guard or DHS endorses, approves, or disapproves of a candidate or party. Therefore, members must be careful about the kind of political content that they post on their personal social media.  
 
For example, active-duty military members may “follow,” “friend,” or “like” a political party or candidate running for partisan political office. But, if they are identifiable as military members, they may not post links to, “share,” or “re-tweet” comments or tweets from a social media account of a political party or candidate running for partisan political office. 
 
Questions 
If you have any questions about this policy or other ethics regulations, please contact a Coast Guard ethics official at your Servicing Legal Office via the contact information provided below.   

Resources
Units should direct any questions about procedures for visits by elected officials to Area or District Governmental Affairs Officers (GAOs). Area and District GAOs should refer questions to the Office of Congressional and Governmental Affairs (CG-0921). All questions regarding political activities of Coast Guard personnel should be directed to the appropriate legal office.  

Note sure who to contact?  The Coast Guard’s General Ethics Email Inbox is HQS-SMB-CG-ETHICS@uscg.mil. 
 
For additional information about Hatch Act compliance, please consult the resources below: 

• Political Activities Guidance 
• Hatch Act Social Media Handout  
• Social Media Use Refresher  
• Hatch Act – Social Media Quick Guide 
• Coast Guard External Affairs Manual, COMDTINST M5700.13 (series)  
• Military Civil and Dependent Affairs, COMDTINST M1700.1 (series)   
• Political Activities by Members of the Armed Forces, DoD Directive 1344.10, February 19, 2008  
• Limited Personal Use of Government Office Equipment and Services, COMDTINST M5375.1 (series) 
• The Hatch Act, 5 U.S.C. 7321-7326   
• 5 C.F.R. Parts 733-744 

-USCG-

In the news: 

• Office of Special Counsel: Hatch Act Overview  
• Navigating political social media use? Here’s what to avoid 
• OSC Announces Discipline for Two Federal Employees Who Knowingly Violated the Hatch Act