August 18, 2006
First-of-its-kind Survey Identifies 57 State Legislators Who Currently Serve in the U.S. Military
National Network of Legislators in the Military Formed
NASHVILLE – A new survey has identified 57 state legislators who serve in the U.S. military as members of their states’ National Guard or Reserve units.
The survey found that of the 57 state legislators who also serve in the military, eight are currently on deployments. Most recently, Arizona State Rep. Jonathan Paton deployed to Iraq in early August 2006 for a five-month deployment as a military intelligence officer. Paton, a freshman representative, will miss both the primary and general elections.
Hawaii State Rep. K. Mark Takai initiated the task of surveying all state legislature leaders after being released from active duty in November 2005. Takai serves as the Vice Speaker of the Hawaii House of Representatives and as the Preventive Medical Officer for the Hawaii Army National Guard. He was activated as the Deputy State Surgeon from May to November 2005.
“There are significant challenges facing those legislators who are also in the military,” Takai said.
Takai presented the survey results today to participants at a session at the Annual Meeting and Exhibition of the National Conference of State Legislatures (NCSL) in Nashville, Tennessee.
“This survey brings to light the impressive backgrounds of these state legislators throughout the nation,” said Bill Pound, NCSL’s Executive Director. “They not only have to deal with the challenges facing all military service members, but they also have the responsibility of serving their constituents in their home states.”
Not surprisingly, many of the deployments of state legislators have been to the Middle East and have occurred within the last three years. The analysis found that 30 legislators have been deployed or are now deployed. All 30 of these legislators have been on at least one deployment while also serving in their respective legislatures.
The analysis identified seven legislators who have been deployed more than once during their legislative careers.
Legislators across the country have also been activated for long-term duty (period lasting for more than 139 days). Twenty legislators surveyed have said that they have served on extended activations.
The survey also found that a majority of state legislatures (30 of them) currently have at least one member serving in the military.
One of the immediate successes of the survey has been the discussion between these unique legislators. After Arizona’s Paton found out that he was being deployed, he contacted Takai.
“Rep. Paton and I discussed some of the challenges he was going to be facing during the next few months,” Takai said. “Despite missing both his primary and general elections, I assured him that he could continue to be a state legislator and a candidate throughout the duration of his deployment.”
Takai is very familiar with the federal law after completing exhaustive research in 2004 when he thought that he was being deployed with Hawaii’s 29th Brigade Combat Team. He found that although there are no federal laws that prohibit state lawmakers from serving on active duty with the military, there are specific requirements for lawmakers who are activated and/or deployed.
The much-quoted Department of Defense Directive 1344.10 generally prohibits a military service member on active duty from holding or exercising the functions of civil office in state government. However, paragraph 4.3.5.4 of DoDD 1344.10 provides an exception for a reserve soldier serving on active duty under call or ordered to active duty.[1]
“Rep. Takai should be commended for taking the initiative to identify these very unique military service members,” said John Deegan, CEO of the National Military Impacted Schools Association.
“I’m sure that this survey and Rep. Takai’s work with these legislators should open up numerous possibilities to enhance the experiences for military personnel and their families,” Deegan added.
THE NATIONAL NETWORK OF LEGISLATORS IN THE MILITARY
A new network called the National Network of Legislators in the Military (NNLM) was launched at the meeting in Tennessee. Takai will serve as the group’s first chairman.
One of the survey questions polled these 57 legislators about whether they would like to form an informal national network of legislators who also serve in the Guard/Reserves. A total of 31 legislators said they were interested in forming this network. An additional two legislators said they may be interested.
“There is significant value to creating this network,” said Joyce Wessler Raezer, the government relations director for the National Military Family Association (NMFA).
According to Takai, the three initial purposes of the National Network of Legislators in the Military (NNLM) are (1) to provide information and guidance to those legislators who are or will be activated or deployed; (2) to provide a forum that will allow legislators to share “best practices” and model legislation to support the military in their respective states; and (3) to provide and opportunity to organizations and companies supporting our military to work with the network’s members.
“We look forward to working with these legislators to further our efforts to assist military families throughout the nation,” Raezer added.
“NCSL welcomes the active involvement of the National Network of Legislators in the Military and we look forward to working with this group in the future,” NCSL Pound said.
[1] The DOD directive does not permit exercising the functions of the elective office from the first day of active duty. This means that a military service member may not perform any function or take any action as a state officeholder. However, taking an oath of office and occupying a legislative seat do not constitute exercising the functions of the office, according to information that the author obtained from U.S. Senator Daniel Inouye (August 26, 2004).
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