OFFICE OF THE SECRETARY OF DEFENSE

1000 DEFENSE PENTAGON

WASHINGTON, DC 20301 - 1000

JUN 2 9 2016
MEMORANDUM FOR: SEE DISTRIBUTION
SUBJECT: Guidance on Communication with Presidential Campaigns
It is the Secretary's priority to ensure a thorough, professional, and well-coordinated transition
without regard to party affiliation. This memorandum outlines the responsibilities and expectations of
Department of Defense (DoD) personnel in support of Presidential transition, both before and after the
election.
CurTent federal law provides for the potential engagement on transition activities, prior to the
election, with authorized representatives of eligible candidates only. Eli gible candidates will be designated
by the Administrator of the General Services Administration following the nominating conventions of the
major parties. Until such time, DoD personnel are prohibited from engaging with potential candidates and
their authorized representatives on any matter related to their official duties under any circumstances. Any
contact from potential candidates and their campaigns should be reported immediately to the Head of DoD
Transition.
Following the designation of eligible candidates, guidance on briefing materials will be provided by
the White House Transition Coordinating Counci l and disseminated DoD-wide. To ensure proper, consistent,
and equitable dissemination of infom1ation to the authorized representatives of el igible candidates, all
requests for engagement must be routed tlu-ough and approved by the Head of DoD Transition before any
such engagement occurs.
All DoD personnel should also be aware of existing limitations on participation in partisan political
activity, which is regulated by the Hatch Act and implementing regulations and departmental policies for
DoD civilian employees and by DoD Directive 1344.10 for military members. Specific inquiries about
participation in political activities shou ld be directed to the DoD Office of the General Counsel for OSD and
all other non-military department personnel. Military department personnel should direct inquiries to their
respective Judges Advocates General or Offices of General Counsel.
The Secretary will be notified and individuals will be held appropriately accountable for deviations
from the above direction. You are instructed to ensure that this memorandum is distributed to all personnel
within your Component by July I and that personnel within your component are briefed as appropriate on the
relevant policies and statute by no later than July 15.
On this matter, my.points of contact are Mr. Michael Rhodes, at (703) 692-7138, and Ms. Sasha
Baker, at (703) 692-7100. The points of contact within the Office of the General Counsel are Mr. Paul
Koffsky, at (703) 697-8341 , Mr. Paul Lekas, at (703) 697-2714, and Ms. Karen Dalheim, at (703) 571-9446.

Eric Rosenbach
Head of DoD Transition
Chief of Staff to the Secretary of Defense
Attachments:
Preparation for Orderly Transition
Guidance on Political Activity 2016

Attachment

Enclosure (1)

Guidance on Political Activity 2016

During the election cycle all DoD personnel - military and civilian - should be aware of
the various limitations that exist when it comes to participation in political activity. A quick
summary of the rules and links to substantive guidance are included in the information below.
Civilian Employees
For DoD civilians, participation in political activity is regulated by a number of sources:
the Hatch Act (5 USC 7321 - 7326), implementing regulations (5 CFR 733 and 5 CFR 734), as
well as DoD policy. For purposes of the Hatch Act, political activity is defined as "an activity
directed toward the success or failure of a political party, candidate for partisan political office or
partisan political group." Because the application of the rules varies depending on an
employee' s position or office, it is extremely important that employees who are engaging in
political activity know which rules apply.
With regard to ciVilian employees, there are two sets of restrictions for three groups of
employees. The first and more restrictive set ofrestrictions applies to : (1) individuals appointed
by the President and confirmed by the Senate and individuals serving in non-career SES
positions; and (2) career members of the SES, contract appeals board members, and all
employees of the National Security Agency (NSA), the Defense Intelligence Agency (DIA), and
the National Geo-Spatial-Intelligence Agency (NGA). The second and more lenient set of
restrictions applies to all other employees (including Schedule C political appointments).
Employees in Groups 1 and 2 are prohibited from taking an active part in partisan
political management or political campaigns and are referred to as "further restricted"
employees.
Hat ch Act Restrictions

-----------------,

I
I

I
I

Less Restricted
1
,--------.

Furt her Restricted

Group 1
);>- PAS
);>- Non -careerSES

Group3
);>- DoD Civil ian
Employees
);>- Schedule C
Ap pointments

Group 2
);>- Caree r SES
);>- Co ntractAppeals
Board

I
I
I
I

~ NSA

. ______

);>- DIA
);>- NGA

_________________

I ...._

Enclosure (1)

Further restricted employees are expressly prohibited from participating in political

activity. Specifically, further restricted employees are prohibited from engaging in any political
activity which is "in concert" with a political party, partisan political group, or candidate for
partisan political office. "In concert" activity is any activity that is sponsored or supported by a
political party, partisan political group, or candidate for partisan political office. Prohibited
activities also include soliciting or receiving political contributions. Further restricted employees
may, however, express their personal opinions, make monetary contributions to a campaign, and
attend, but not actively participate in, campaign events or fundraising functions sponsored by
candidates for partisan political office or political parties. Partisan Political Activity Rules for
"Further Restricted" DoD Civilians.
Less restricted employees (employees in Group 3), while in their personal capacities, may
volunteer with a political campaign or political organization. Examples of permitted volunteer
activities include: 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. These employees are, however, prohibited from soliciting or receiving
political contributions. Partisan Political Activity Rules for "Less Restricted" DoD Civilians.
Regardless of whether a civilian employee is further restricted or less restricted, she may
never engage in political activity while on-duty or in a Federal building. Specifically, an
employee may not send or forward political emails, post political messages to a Facebook
account or engage in political tweeting while in a Federal building (including when off-duty),
even if the employee is using her personal smartphone, tablet, or computer. Employees should
never use government equipment when engaging in political activities. The attached Office of
Special Counsel Press Release illustrates these issues.
Military Members

The primary guidance concerning political activity for military members is found in DoD
Directive 1344.10 [Guidance for Military Personnel]. Per longstanding DoD policy, active duty
personnel may not engage in partisan political activities and all military personnel should avoid
the inference that their political activities imply or appear to imply DoD sponsorship, approval,
or endorsement of a political candidate, campaign, or cause. Members on active duty may not
campaign for a partisan candidate, engage in partisan fundraising activities, serve as an officer of
a partisan club, or speak before a partisan gathering. Active duty members may, however,
express their personal opinions on political candidates and issues, make monetary contributions
to a political campaign or organization, and attend political events as a spectator when not in
uniform.
Social Media

Civilian and military personnel may generally express their 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, when expressing a personal opinion, personnel are identified by a social media site as DoD
employees, the posting must clearly and prominently state that the views expressed are those of
the individual only and not of the Department of Defense.

Enclosure (1)

As previously noted, active duty military members and further restricted civilian
employees are prohibited from participating in partisan political activity. Therefore, while these
employees may "follow" "friend" or "like" a political party or candidate running for partisan
office, they may not post links to, "share" or "re-tweet" comments or tweets from the Facebook
page or twitter account of a political party or candidate running for partisan office. Such activity
is deemed to constitute participation in political activities. Social media guidance for military
members [FAQs Political Activities and Members of the Armed Forces] and civilian employees
[Social Media and the Hatch Act] offers advice on how to avoid violating the rules.
Service members must also be careful not to comment, post, or link to material that
violates the Uniform Code of Military Justice (UCMJ) or Service regulation. Examples include
showing contempt for public officials, releasing sensitive information, or posting unprofessional
material that is prejudicial to good order and discipline under the UCMJ.
For more information on the Hatch Act or DoD Directive 1344.10, personnel should
contact their local legal or Staff Judge Advocate (SJA) office.
General guidance on the Hatch Act may be found at the U.S. Office of Special Counsel
website at www.osc.gov.

Enclosure (1)

Social Media and Political Activities

Guidance for Members of the Armed Forces

May an Active Duty member express his
or her own personal views on public issues
or political candidates via social media
platforms, such as Facebook, Twitter, or
personal blogs?

May an Active Duty member 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?

Yes, personal views are OK, much the

Yes, but must refrain from engaging in

same as writing a letter to the editor of a

paper, but may not engage in any partisan
political activity
Partisan political activity is activity
directed at the success or failure of a
political party, partisan political
candidate, campaign, group or cause.
Cannot solicit others, fundraise, etc.

activities with respect to partisan political

entities accounts that would constitute
political activity

Cannot suggest that others like, friend or

follow the partisan account

Cannot forward invitations to partisan

events, solicit or fundraise

If identifiable as military must disclaim

No direct links of likes to partisan sites

(akin to distribution of literature)

Q1. What is the DoD policy regarding political activities by members of the Armed
Forces?
A1. DoD has a longstanding policy of encourage military personnel to carry out the
obligations of citizenship. However, AD 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 electionrelated 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 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 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 Guidance
for Military Personnel.
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, AD
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 AD are instructed to remain clear of all polling places expect
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.

The Hatch Act: Frequently Asked Questions

on Federal Employees and the Use of Social Media and Email
The U.S. Office of Special Counsel (OSC) routinely receives questions from federal employees and
others about when the use of social media and email could violate the Hatch Act.
Social media and emailand the ease of accessing those accounts at work, either on computers or
smartphoneshave made it easier for federal employees to violate the Hatch Act. Yet there are
many activities employees can do on social media and email that do not violate the law. OSC has
created this Frequently Asked Questions (FAQs) page to help employees understand what the
Hatch Act does and does not allow when using social media and email.
In general, all federal employees may use social media and email and comply with the Hatch Act if
they remember the following guidelines:
(1)

Do not engage in political activity while on duty or in the workplace.

Federal employees are on duty when they are in a pay status, other than paid
leave, or are representing the government in an official capacity.

Federal employees are considered on duty during telecommuting hours.

(2)

Do not engage in political activity in an official capacity at any time.

(3)

Do not solicit or receive political contributions at any time.

Political activity refers to any activity directed at the success or failure of a political party or
partisan political group (collectively referred to as partisan groups), or candidate in a partisan race.
In addition, some federal employees are considered further restricted, which means they are
prohibited from taking an active part in partisan political management or partisan political
campaigns. Thus, they may not engage, via social media and email, in any political activity on behalf
of a partisan group or candidate in a partisan race. Most further restricted employees work in law
enforcement or intelligence agencies.
These rules have some very limited exceptions. When in doubt, federal employees should consult
OSC or their agency ethics officers.
The following list of questions is not comprehensive, but answers many of the most commonly
asked questions regarding the Hatch Act and the use of social media and email. Please note that
although the FAQs refer to Facebook and Twitter, the advice provided is applicable to any social
media platform. If federal employees have further questions, they should email OSC at
hatchact@osc.gov.
* This guidance supersedes OSCs April 2012 Frequently Asked Questions Regarding Social Media
and the Hatch Act.
Revised December 18, 2015

Social Media
(1)

Q: May a federal employee engage in political activity on Facebook or Twitter?

A: Yes, federal employees may express their opinions about a partisan group or candidate in
a partisan race (e.g., post, like, share, tweet, retweet), but there are a few limitations.
Specifically, the Hatch Act prohibits employees from:
engaging in any political activity via Facebook or Twitter while on duty or in the
workplace;
referring to their official titles or positions while engaged in political activity at any
time (note that inclusion of an employees official title or position on ones social
media profile, without more, is not an improper use of official authority); and
suggesting or asking anyone to make political contributions at any time. Thus, they
should neither provide links to the political contribution page of any partisan group
or candidate in a partisan race nor like, share, or retweet a solicitation from
one of those entities, including an invitation to a political fundraising event. An
employee, however, may accept an invitation to a political fundraising event from
such entities via Facebook or Twitter.
Further Restricted Employees: Yes, further restricted federal employees also may express
their opinions about a partisan group or candidate in a partisan race (e.g., post, like,
share, tweet, retweet), but there are a few limitations. In addition to the limitations
above, the Hatch Act prohibits further restricted employees from:
posting or linking to campaign or other partisan material of a partisan group or
candidate in a partisan race;
sharing these entities Facebook pages or their content; and
retweeting posts from these entities Twitter accounts.
To illustrate, while off duty and away from the workplace, a further restricted employee may
post on social media his opinion about a Presidential candidate, share a friends
endorsement of a political party, or like a candidates Facebook page. However, the
employee may not share a post from a campaign Facebook page, retweet a message
from a political party, or like a post that requests contributions for a candidate.

(2)

Q: May a federal employee engage in political activity on Facebook or Twitter if she

is friends with or has followers who are subordinate employees?
A: Yes, but subject to the limitations described in other related questions and the following
guidelines. If a supervisors statements about a partisan group or candidate in a partisan race
are directed at all of his Facebook friends or Twitter followers, e.g., posted on his Facebook
page, then there is no Hatch Act violation. Such statements would be improper if the
supervisor specifically directed them toward her subordinate employees, or to a subset of
friends that includes subordinate employees. For example, a supervisor should not send to a
subordinate employee a Facebook message or tweet that shows her support for a partisan
group or candidate in a partisan race.
2

(3)

Q: May a federal employee use a Facebook or Twitter account in his official capacity
to engage in political activity?
A: No. Any social media account created in a federal employees official capacity should be
limited to official business matters and remain politically neutral. Any political activity must
be confined to the employees personal Facebook or Twitter account, subject to the
limitations described in other related questions.

(4)

Q: May a federal employee become a friend, like, or follow the social media
page of a partisan group or candidate in a partisan race?
A: Yes, but not while on duty or in the workplace.

(5)

Q: May a federal employee use an alias to friend, like, or follow the social
media page of a partisan group or candidate in a partisan race?
A: Yes, but be advised that federal employees remain subject to the Hatch Act even when
they act under an alias. Therefore, the advice provided in response to other questions applies
regardless of whether or not the employee is acting under an alias.

(6)

Q: May a federal employee continue to friend, like, or follow an official social

media page of a government official after he has become a candidate for reelection?
A: Yes. For example, a federal employee may continue to friend, like, or follow the
official government Facebook or Twitter account of the President or Member of Congress,
even after the President or Member begins his reelection campaign.

(7)

Q: What should a federal employee do if an individual posts or tweets a message

soliciting political contributions to a partisan group or candidate in a partisan race,
or a link to the political contribution page for such entities, on the employees social
media page?
A: Although the Hatch Act prohibits federal employees from soliciting or receiving political
contributions at any time, employees are not responsible for the statements of third parties,
even when they appear on their social media page. Thus, if an individual posts a link to the
political contribution page of a partisan group or candidate in a partisan race, or otherwise
solicits political contributions, the employee need not take any action. The same advice
applies to any tweets directed at the employee. However, the employee should not like,
share, or retweet the solicitation, or respond in any way that would tend to encourage
other readers to contribute.

(8)

Q: If a federal employee has listed his official title or position on Facebook, may he
also complete the political views field?
A: Yes. Simply identifying ones political party affiliation on a social media profile, which
also contains ones official title or position, without more, is not an improper use of official
authority.

(9)

Q: May a federal employee display a political party or campaign logo or candidate

photograph as her cover or header photo on Facebook or Twitter?
A: Yes, federal employees may display a political party or campaign logo or candidate
photograph as their cover or header photo on their personal Facebook or Twitter accounts.
This display, usually featured at the top of ones social media profile, without more, is not
improper political activity.

(10)

Q: May a federal employee display a political party or campaign logo or a candidate

photograph as his profile picture on Facebook or Twitter?
A: Yes, but subject to the following limitations. Because a profile picture accompanies most
actions on social media, a federal employee would not be permitted, while on duty or in the
workplace, to post, share, tweet, or retweet any items on Facebook or Twitter,
because each such action would show their support for a partisan group or candidate in a
partisan race, even if the content of the action is not about those entities.

Email
(11)

Q: What is a partisan political email?

A: A partisan political email is an email that is directed at the success or failure of a partisan
group or candidate in a partisan race.

(12)

Q: May a federal employeewhile on duty or in the workplacereceive a partisan

political email?
A: Yes. Simply receiving a partisan political email while at work, whether to a personal or
government email account, without more, does not violate the Hatch Act. However, federal
employees must not send or forward partisan political emails to others while on duty or in
the workplace.

(13)

Q: May a federal employeewhile on duty or in the workplaceforward a partisan

political email from her government email account to her personal email account?
A: Yes. If a federal employee receives a partisan political email in his government email
account, she may send that email to her personal email account while at work. Simply
4

forwarding such an email to ones personal email account, without more, does not violate
the Hatch Act.
(14)

Q: May a federal employeewhile on duty or in the workplacesend or forward a

partisan political email from his government email account or his personal email
account to others?
A: No. A federal employee cannot send or forward a partisan political email from either his
government email account or his personal email account (even using a personal device) while
at work.

(15)

Q: May a federal employeewhile on duty or in the workplacesend or forward an

email about currents events or matters of public interest to others?
A: The Hatch Act does not prohibit federal employees from engaging in non-partisan
political activities. Accordingly, employees may express their opinions about current events
and matters of public interest at work so long as their actions are not considered political
activity. For example, employees are free to express their views and take action as individual
citizens on such questions as referendum matters, changes in municipal ordinances,
constitutional amendments, pending legislation or other matters of public interest, like issues
involving highways, schools, housing, and taxes. Of course, employees should be mindful of
their agencies computer use policies prior to sending or forwarding any non-work related
emails.

(16)

Q: May a federal employee send or forward a partisan political email to subordinate

employees?
A: No. It is an improper use of official authority for a supervisor to send or forward a
partisan political email to subordinates, at any time.

(17)

Q: May a federal employee send or forward an email invitation to a political

fundraising event to others?
A: No. The Hatch Act prohibits federal employees from soliciting or receiving political
contributions, which includes inviting individuals to political fundraising events, at any time.