Online Extra: Military Regulations

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The Department of Defense issued a directive in 2008 regarding political activity by members of the military. This section refers specifically to “holding and exercising the functions of a state or other non-U.S. government office attained by election or appointment.”

4.5.1. Paragraph 4.5. applies to a civil office in a State; the District of Columbia; a territory, possession, or commonwealth of the United States; or any political subdivision thereof.

4.5.2. A regular member may not hold or exercise the functions of civil office unless otherwise authorized in paragraph 4.5. or by law.

 4.5.3. A retired regular or Reserve Component member on active duty under a call or order to active duty for more than 270 days may hold─but shall NOT exercise─the functions of a civil office as set out in subparagraph 4.5.1., as long as:

4.5.3.1. The holding of such office is not prohibited under the laws of the State; the District of Columbia; a territory, possession, or commonwealth of the United States; or any political subdivision thereof.

4.5.3.2. The Secretary concerned grants permission after determining that holding such office does not interfere with the performance of military duties. The Secretary concerned may NOT delegate the authority to grant or deny such permission.

4.5.4. A retired regular or Reserve Component member on active duty under a call or order to active duty for 270 days or fewer may hold and exercise the functions of civil office provided there is no interference with the performance of military duties.

4.5.5. Any member on active duty authorized to hold or exercise, or not prohibited from holding or exercising, the functions of office under paragraph 4.5. is still subject to the prohibitions of subparagraph 4.1.2.