Holding or Running for Political Office
Cannot - Hold civil office in the federal government, if that office:
- is an elective office.
- Requires an appointment by the President by and with the advice and consent of the Senate, or
- Is a position on the executive schedule under sections 5312 through 5317 of title 5, U.S.C.
A member on active duty may hold or exercise the functions of a civil office in the U.S. Government that does not fall into one of the three categories described above, including when assigned or detailed to such office to perform such functions, provided there is no interference with military duties.
Cannot - Hold local civil office (state, county, city), with the following two exceptions:
Any enlisted member may seek, hold, and exercise the functions of nonpartisan civil office as a notary public or member of a school board, neighborhood planning commission, or similar local agency, provided that the office is held in a non-military capacity and there is no interference with the performance of military duties.
Any officer may seek, hold, and exercise the functions of a nonpartisan civil office on an independent school board that is located exclusively on a military reservation, provided that the office is held in a non-military capacity and there is no interference with the performance of military duties.
Again, this prohibition does not apply to retired and reserve members who have been called to active duty for a period of 270 days or less, as long as the office does not interfere with military duties. If the retired or reserve members receives orders which state active duty recall will be for more than 270 days, the prohibition begins on day one of active duty.
Finally, a catch-all: When circumstances warrant, the Secretary concerned or the Secretary's designee may permit a member covered by the prohibition against holding public office, above, to remain or become a nominee or a candidate for civil office. What that means is that if a Congressman, retired from the military were recalled to active duty for more than 270 days, the Secretary of the service could allow them to retain their public office (or, even become a candidate for re-election).
