Playing Politics: A Review of Eligibility Rules and Campaign Restrictions for Servicemembers Who Are Nominees or Candidates for Civil Office

摘要

A 2009 survey by the National Network of Legislators in the Military and the National Conference of State Legislators identified 65 state legislators serving in the Armed Forces as Reserve or National Guard members. Almost half of them deployed while serving as members of their respective legislatures. Countless other Reserve and Guard members, perhaps in the hundreds, hold civil offices at other levels of federal, state, and local government. While the topic of civil office candidacy may seem of little relevance to career active component service members, individuals who serve in the Reserves or National Guard know that running for civil office can be a challenging issue within their ranks. Eligibility rules for service members seeking civil office are often misunderstood, and the relatively new restrictions on how they may conduct their campaigns are equally misconstrued. With the 2010 election season just around the corner, a review of the guidelines for service members seeking civil office is important, not only for service members who are potential candidates, but also for judge advocates who advise individual service members and commanders on these issues. This article examines Department of Defense (DoD) rules for service members who are nominees or candidates for civil office using the most recent guidance found in DoD Directive 1344.10, 'Political Activities by Members of the Armed Forces.' The article begins by exploring the directive's definition of 'civil office,' and then proceeds to examine the eligibility rules and campaign restrictions for service members seeking civil office.