Statutory Restrictions Pertaining to Political Activities by Members of the Armed Forces
Members of the Armed Forces
are prohibited by various provisions of titles 10, 2, and 18, United States Code (references (b), (g), and (h)),
from engaging in certain types of political activities. The statutory provisions most directly applicable to members
of the Armed Forces are as follows:
"Title 10 U.S.C. Sec. 973. Duties: officers on active duty; performance of civil functions restricted
"(a) No officer of an Armed Force on active duty may accept employment if that employment requires him to
be separated from his organization, branch, or unit, or interferes with the performance of his military duties.
"(b)(1) This subsection applies--
(A) to a Regular officer of an Armed Force on the active-duty list (and a Regular officer of the Coast Guard on
the active duty promotion list);
(B) to a retired Regular officer of an Armed Force serving on active duty under a call or order to active duty
for a period in excess of 270 days; and
(C) to a Reserve officer of an Armed Force serving on active duty under a call or order to active duty for a period
in excess of 270 days.
(2)(A) Except as otherwise authorized by law, an officer to whom this subsection applies may not hold, or exercise
the functions of, a civil office in the Government of the United States--
(i) that is an elective office;
(ii) that requires an appointment by the President by and with the advice and consent of the Senate; or
(iii) that is a position in the Executive Schedule under sections 5312 through 5317 of title 5.
(B) An officer to whom this subsection applies may hold or exercise the function of a civil office in the Government
of the United States that is not described in subparagraph (A) when assigned or detailed to that office or to perform
those functions.
(3) Except as otherwise authorized by law, an officer to whom this subsection applies may not hold or exercise,
by election or appointment, the functions of a civil office in the government of a State, the District of Columbia,
or a territory, possession, or commonwealth of the United States (or of any political subdivision of any such government).
(4) Nothing in this subsection shall be construed to invalidate any action undertaken by an officer in furtherance
of assigned official duties.
"(c) An officer to whom subsection (b) applies may seek and hold nonpartisan civil office on an independent
school board that is located exclusively on a military reservation.
"(d) The Secretary of Defense, and the Secretary of Transportation with respect to the Coast Guard when it
is not operating in the Navy, shall prescribe regulations to implement this section."
"Title 2 U.S.C. Sec. 441a. Limitations on contributions and expenditures
"(a) Dollar limits on contributions
(1) No person shall make contributions--
(A) to any candidate and his authorized political committees with respect to any election for Federal office which,
in the aggregate, exceed $1,000;
(B) to the political committees established and maintained by a national political party, which are not the authorized
political committees of any candidate in any calendar year which, in the aggregate, exceed $20,000; or
(C) to any other political committee in any calendar year which, in the aggregate, exceed $5,000.
(2) No multicandidate political committee shall make contributions--
(A) to any candidate and his authorized political committees with respect to any election for Federal office which,
in the aggregate, exceed $5,000;
(B) to the political committees established and maintained by a national political party, which are not the authorized
political committees of any candidate, in any calendar year, which, in the aggregate, exceed $15,000; or
(C) to any other political committee in any calendar year which, in the aggregate, exceed $5,000.
No individual shall make contributions aggregating more than $25,000 in any calendar year. For purposes of this
paragraph, any contribution made to a candidate in a year other than the calendar year in which the election is
held with respect to which such contribution is made is considered to be made during the calendar year in which
such election is held.
For purposes of the limitations imposed by this section, all contributions made by a person, either directly or
indirectly, on behalf of a particular candidate, including contributions which are in any way earmarked or otherwise
directed through an intermediary or conduit to such candidate, shall be treated as contributions from such person
to such candidate. The intermediary or conduit shall report the original source and the intended recipient of such
contribution to the Commission and to the intended recipient.
. . . . "
"Title 2 U.S.C. Sec. 441f. Contributions in the name of another prohibited
"No person shall make a contribution in the name of another person or knowingly permit his name to be used
to effect such contribution, and no person shall knowingly accept a contribution made by one person in the name
of another person."
"Title 2 U.S.C. Sec. 441g. Limitation on contribution of currency
"No person shall make contributions of currency of the United States or currency of any foreign country to
or for the benefit of any candidate which, in the aggregate, exceed $100, with respect to any campaign of such
candidate for nomination for election, or for election, to Federal office."
"Title 2 U.S.C. Sec. 592. Troops at polls
"Whoever, being an officer of the Army or Navy, or other person in the civil, military, or naval service of
the United States, orders, brings, keeps, or has under his authority or control any troops or armed men at any
place where a general or special election is held, unless such forces be necessary to repel armed enemies of the
United States, shall be fined not more than $5,000 or imprisoned not more than five years, or both; and be disqualified
from holding any office of honor, profit, or trust under the United States.
"This section shall not prevent any officer or member of the Armed Forces of the United States from exercising
the right of suffrage in any election district to which he may belong, if otherwise qualified according to the
laws of the State in which he offers to vote."
"Title 18 U.S.C. Sec. 593. Interference by Armed Forces
"Whoever, being an officer or member of the Armed Forces of the United States, prescribes or fixes or attempts
to prescribe or fix, whether by proclamation, order or otherwise, the qualifications of voters at any election
in any State; or
"Whoever, being such officer or member, prevents or attempts to prevent by force, threat, intimidation, advice
or otherwise any qualified voter of any State from fully exercising the right of suffrage at any general or special
election; or
"Whoever, being such officer or member, orders or compels or attempts to compel any election officer in any
State to receive a vote from a person not legally qualified to vote; or
"Whoever, being such officer or member, imposes or attempts to impose any regulations for conducting any general
or special election in a State, different from those prescribed by law; or
"Whoever, being such officer or member, interferes in any manner with an election officer's discharge of his
duties--
"Shall be fined under this title or imprisoned not more than five years, or both; and disqualified from holding
any office of honor, profit or trust under the United States.
"This section shall not prevent any officer or member of the Armed Forces from exercising the right of suffrage
in any district to which he may belong, if otherwise qualified according to the laws of the State of such district."
"Title 18 U.S.C. Sec. 594. Intimidation of voters
"Whoever intimidates, threatens, coerces, or attempts to intimidate, threaten, or coerce, any other person
for the purpose of interfering with the right of such other person to vote or to vote as he may choose, or of causing
such other person to vote for, or not to vote for, any candidate for the office of President, Vice President, Presidential
elector, Member of the Senate, Member of the House of Representatives, Delegate from the District of Columbia,
or Resident Commissioner, at any election held solely or in part for the purpose of electing such candidate, shall
be fined under this title or imprisoned not more than one year, or both."
"Title 18 U.S.C. Sec. 596. Polling Armed Forces
"Whoever, within or without the Armed Forces of the United States, polls any member of such forces, either
within or without the United States, either before or after he executes any ballot under any Federal or State law,
with reference to his choice of or his vote for any candidate, or states, publishes, or releases any result of
any purported poll taken from or among the members of the Armed Forces of the United States or including within
it the statement of choice for such candidate or of such votes cast by any member of the Armed Forces of the United
States, shall be fined under this title or imprisoned for not more than one year, or both.
"The word 'poll' means any request for information, verbal or written, which by its language or form of expression
requires or implies the necessity of an answer, where the request is made with the intent of compiling the result
of the answers obtained, either for the personal use of the person making the request, or for the purpose of reporting
the same to any other person, persons, political party, unincorporated association or corporation, or for the purpose
of publishing the same orally, by radio, or in written or printed form."
"Title 18 U.S.C. Sec. 602. Solicitation of political contributions
"It shall be unlawful for--
(1) a candidate for the Congress;
(2) an individual elected to or serving in the office of Senator or Representative in, or Delegate or Resident
Commissioner to, the Congress;
(3) an officer or employee of the United States or any Department or Agency thereof; or
(4) a person receiving any salary or compensation for services from money derived from the Treasury of the United
States to knowingly solicit any contribution within the meaning of section 301(8) of the Federal Election Campaign
Act of 1971 from any other such officer, employee, or person. Any person who violates this section shall be fined
under this title or imprisoned not more than three years, or both."
"Title 18 U.S.C. Sec. 603. Making political contributions
"(a) It shall be unlawful for an officer or employee of the United States or any Department or Agency thereof,
or a person receiving any salary or compensation for service from money derived from the Treasury of the United
States, to make any contribution within the meaning of section 301(8) of the Federal Election Campaign Act of 1971
to any other such officer, employee or person or to any Senator or Representative in, or Delegate or Resident Commissioner
to, the Congress, if the person receiving such contribution is the employer or employing authority of the person
making the contribution. Any person who violates this section shall be fined under this title or imprisoned not
more than three years, or both.
"(b) For purposes of this section, a contribution to an authorized committee as defined in section 302(e)(1)
of the Federal Election Campaign Act of 1971 shall be considered a contribution to the individual who has authorized
such committee."
"Title 18 U.S.C. Sec. 606. Intimidation to secure political contributions
"Whoever, being one of the officers or employees of the United States mentioned in section 602 of this title,
discharges or promotes, or degrades, or in any manner changes the official rank or compensation of any other officer
or employee, or promises or threatens so to do, for giving or withholding or neglecting to make any contribution
of money or other valuable thing for any political purpose, shall be fined under this title or imprisoned not more
than three years, or both."
"Title 18 U.S.C. Sec. 607. Place of solicitation
"(a) It shall be unlawful for any person to solicit or receive any contribution within the meaning of section
301(8) of the Federal Election Campaign Act of 1971 in any room or building occupied in the discharge of official
duties by any person mentioned in section 603, or in any navy yard, fort, or arsenal. Any person who violates this
section shall be fined under this title or imprisoned not more than three years, or both.
"(b) The prohibition in subsection (a) shall not apply to the receipt of contributions by persons on the staff
of a Senator or Representative in, or Delegate or Resident Commissioner to, the Congress, provided, that such contributions
have not been solicited in any manner which directs the contributor to mail or deliver a contribution to any room,
building, or other facility referred to in subsection (a), and provided that such contributions are transferred
within seven days of receipt to a political committee within the meaning of section 302(e) of the Federal Election
Campaign Act of 1971."
"Title 18 U.S.C. Sec. 609. Use of military authority to influence vote of member of Armed Forces
"Whoever, being a commissioned, noncommissioned, warrant, or petty officer of an Armed Force, uses military
authority to influence the vote of a member of the Armed Forces or to require a member of the Armed Forces to march
to a polling place, or attempts to do so, shall be fined in accordance with this title or imprisoned not more than
five years, or both. Nothing in this section shall prohibit free discussion of political issues or candidates for
public office."
