SECTION 3. PUBLIC AFFAIRS PROCEDURES, GUIDANCE, AND RESTRICTIONS
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DoDI 5400.18, November 30, 2023 SECTION 3: PUBLIC AFFAIRS PROCEDURES, GUIDANCE, AND RESTRICTIONS 5 SECTION 3: PUBLIC AFFAIRS PROCEDURES, GUIDANCE, AND RESTRICTIONS 3.1. PUBLIC AFFAIRS POSTURE. a. Procedures for Media Inquiries Concerning Political Activity. (1) Public affairs personnel and DoD leadership will actively seek opportunities to clarify and articulate DoD guidance on partisan political activities, elections, and campaigns to ensure DoD personnel, political candidates, staff, and the American public are informed and aware of such guidance. (2) Media questions regarding DoD public affairs policy guidance concerning political campaigns and elections will be addressed to the Office of the ATSD(PA) (OATSD(PA)), Defense Press Operations (DPO) Office, at commercial (703) 697-5131 or DSN 227-5131. (3) Military Service public affairs personnel will notify DPO of all concerns, disputes, unresolved issues, or potential problems regarding candidates for national, State, or local office or that could otherwise result in national media attention. (4) Inquiries from members of Congress will be addressed through Service legislative affairs offices to the Office of the ASD(LA) (OASD(LA)). (a) All DoD personnel must forward inquiries from political campaign organizations to a public affairs officer (PAO) for awareness and appropriate action or response. PAOs should consult with their respective legal counsel before responding. Components without a PAO will forward the inquiry to the DPO. Any requests for access to records, including records protected by the Privacy Act, will be referred to the Component Freedom of Information Act Program Office prior to any release determination. (b) In response to specific inquiries, PAOs will only provide responsive information that is available to the general public. PAOs must inform the DPO through Service public affairs channels of inquiries from presidential or vice presidential, and congressional campaigns. OATSD(PA) will inform the Office of the USD(P&R) (OUSD(P&R)), OLP and the Office of the GC DoD (OGC) Standards of Conduct Office (SOCO) of any reports of improper political activities by military or civilian personnel. (5) Common and frequently asked media questions are provided in Table 1. These responses are intended to generate messaging concepts and model responses. (a) PAOs must review all responses before officially submitting a response to the media to ensure accuracy, clarity, correctness, and compliance with applicable security requirements. (b) PAOs and press desk officers must tailor their response based on the situation and the question that is being asked.
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DoDI 5400.18, November 30, 2023 SECTION 3: PUBLIC AFFAIRS PROCEDURES, GUIDANCE, AND RESTRICTIONS 6 (c) PAOs and press desk officers must not reuse the sample responses in T able 1 verbatim, unless deemed appropriate by the authorized release authority stated in supplemental Public Affairs Guidance in accordance with DoD Instruction 5405.03. (d) PAOs should consult with their respective legal counsel before providing responses. Table 1. Sample Responses to Frequently Asked Questions from the Media. Question Sample Response What is the DoD policy regarding political activities by Service members? The DoD encourages Service members to carry out the duties of citizenship, including voting and encouraging others to vote. However, Service members on active duty may not engage in certain activities directed toward the success or failure of a political party, candidate for partisan political office, or partisan political group. The longstanding and well-defined policy of the DoD regarding political campaigns and elections is to avoid any perception of DoD sponsorship, approval, or endorsement of any political candidate or campaign. For a complete list of permissible and prohibited activities for Service members, please consult DoDD 1344.10. Can political candidates visit a DoD installation or facility for campaign or election-related activities? No. A candidate will not be permitted to engage in campaign or election-related activities (e.g., public assemblies, town hall meetings, speeches, fundraisers, press conferences, post-election celebrations, and concession addresses) while on a DoD installation, which includes overseas installations and areas under the control of the U.S. military. Can political candidates visit a DoD installation or facility for non- campaign or for non-election-related activities during their campaign for office? Yes. A candidate who currently holds elected office may visit a DoD installation or facility for the purpose of conducting official business (i.e., business not related to campaigning) or to access entitlements or benefits the candidate is authorized to use. However, no candidate running for office is permitted to use their access for campaign or election purposes. When does begin? a political campaign A political campaign or election begins when a candidate, including an incumbent officeholder, makes a formal announcement to seek political office or when any individual files for candidacy with the Federal Election Commission or equivalent regulatory office. For guidance on when candidacy begins, please consult the Federal Election Commission’s regulations at Part 9033.7 of Title 11, Code of Federal Regulations.
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DoDI 5400.18, November 30, 2023 SECTION 3: PUBLIC AFFAIRS PROCEDURES, GUIDANCE, AND RESTRICTIONS 7
Ta ble 1. Sample Responses to Frequently Asked Questions from the Media, Continued Question Sample Response What political activities can a Service member participate in, and which ones are prohibited? All Service members will at all times avoid participating in any activities that may be reasonably viewed as directly or indirectly associating DoD, (DHS in the case of the Coast Guard), or any component of these Departments with activity that is aimed at the success or failure of any political party, partisan political group, or candidate for partisan political office. For a complete list of permissible and prohibited activities for Service members, please consult DoDD 1344.10. Does that mean a Service member can vote, but not actively support a particular candidate or cause? Unquestionably, Service members can exercise their right to vote. However, Service members may not engage in any activity aimed at the success or failure of any political party or candidate for partisan political office and will avoid the appearance that their activities imply or appear to imply DoD sponsorship, approval, or endorsement of any political party or candidate for partisan political office. Service members may be able to participate in activities related to nonpartisan causes or issues. For a list of permissible and prohibited activities, please consult DoDD 1344.10. Does DoD support and encourage its personnel to vote? DoD encourages all DoD military and civilian personnel to register and vote. The DoD actively supports the Federal Voting Assistance Program (FVAP) to ensure DoD personnel have the resources, time, and ability to participate in their civic duty. Additionally, DoD leaders and military commanders appoint voting assistance officers, at every level of command, who are trained and equipped to provide voting assistance. Can a DoD installation be used as a polling place in an election?
DoD facilities that meet the criteria of Section 2670 of Title 10, United States Code may be designated as polling places.
Additionally, DoD provides voting assistance via the FVAP. 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 Military Services also provide voting assistance officers at the unit level to facilitate in-person assistance when required.
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DoDI 5400.18, November 30, 2023 SECTION 3: PUBLIC AFFAIRS PROCEDURES, GUIDANCE, AND RESTRICTIONS 8 b. Procedures for Media Coverage of Installation Visits. (1) There may be situations where a candidate, who holds elected office, makes an official visit to an installation. For example, the candidate, who is also a member of Congress may visit an installation to receive an official briefing. Before a candidate visits a military installation for official business (e.g., business not related to campaigning), the media may be granted access to cover the candidate’s official business by the installation commander. Installation commanders will inform their Service public affairs office if it is necessary to deny media access and provide a justification or reasoning for their decision. (2) When an installation commander approves a candidate to visit an installation to participate in official business and the media is granted access to cover the event, the candidate may: (a) Appear on camera and in photographs as an official participant. (b) Make a statement or answer questions about the official business being conducted. (3) Installation officials must inform visiting candidates and their professional staffs that: (a) Candidates must refrain from making campaign or election-related statements or responding to a campaign or election-related media query while on the installation. (b) Footage, photographs, or statements taken or recorded during official business visits cannot be used for campaign or election-related purposes. While the candidate or campaign staff may highlight these candidates’ support of the Military Services, nothing should be used to imply or appear to imply sponsorship, approval, or endorsement of the candidate by the DoD or DoD personnel. (4) The installation commander cannot request that the candidate’s remarks be reviewed beforehand. (5) When a candidate for partisan political office who is also currently serving as an elected Federal, State, or local official arrives or departs a military installation, and part of their itinerary includes a political campaign or election activity in the local community, care must be exercised to separate any official business with DoD from campaigning. Appearance of military personnel in photos and videos with such individuals that is unrelated to any official business with DoD should be avoided. Where the candidate is the President or Vice President, the installation commander can approve a photo opportunity for the media to cover the arrival or departure of the President or Vice President. (6) Installation commanders anticipating a visit by the President or Vice President that may involve a partisan political campaign or election activities in the local community must report, through their Service legislative affairs offices, to OASD(LA). The OASD(LA) will ensure close coordination with the White House Military Office, OATSD(PA), OUSD(P&R) OLP, and OGC SOCO.
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DoDI 5400.18, November 30, 2023 SECTION 3: PUBLIC AFFAIRS PROCEDURES, GUIDANCE, AND RESTRICTIONS 9 3.2. USE AND ACCESS OF INSTALLATION FACILITIES BY CANDIDATES AND FOR POLITICAL ACTIVITIES. a. Guidance for Installation Commanders and Their Public Affairs Office. (1) Due to the public nature of political campaigns, installation commanders must be aware of the visible presence of a candidate while on their installation. Installation commanders and their public affairs office will use the information in Paragraph 3.2.b. to address various instances when political candidates visit or appear on their installation. This information is not to replace or supersede policy established by the ASD(LA), GC DoD, or OUSD(P&R). Installation commanders should consult their Service legislative affairs office for specific guidance or instructions. (2) Installation commanders through their public affairs offices will communicate to candidates who are visiting DoD installations or facilities that they may not engage in campaign or election-related activities while on the installation or facility. b. Procedures and Instructions for Installation Visits by Political Candidates. (1) As directed in Volume 3 of DoD Manual 5200.08, a candidate who holds an elected office with responsibilities that affect a military installation or those who live or work on the installation may be granted access to the installation to conduct official business (e.g., business not related to campaigning) and to take advantage of activities, services, or resources that are available to them by virtue of law or policy, such as recreational activities open to the public or entitlements or benefits such as medical facilities, commissaries, or post/base exchanges. (2) In accordance with Volume 3 of DoD Manual 5200.08, candidates who are not current office holders or serving U.S. Government officials, and candidates who hold an elected office or who live or work on the installation and seek access to conduct business related to campaigning, will be granted the same access to installations as any unofficial visitor. (3) Installation commanders must coordinate with their legal advisor and forward notice of contact from a presidential or vice-presidential campaign representative, or from an incumbent for Congress, to their local Service public affairs office for coordination with the Military Department concerned. (4) Installation commanders will, through their Service legislative affairs offices, consult the OASD(LA) for guidance or instructions regarding specific visitation requests. The OASD(LA) will ensure that both the OUSD(P&R) OLP and the OGC SOCO are informed of any reports of a request from a presidential or vice-presidential campaign to visit a military installation. (5) When analyzing a candidate’s request for access to an installation, the commander must first determine whether the request is to conduct official, personal, or campaign business. The following types of requests are presumed to be for political campaign purposes and will be denied:
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DoDI 5400.18, November 30, 2023 SECTION 3: PUBLIC AFFAIRS PROCEDURES, GUIDANCE, AND RESTRICTIONS 10 (a) Requests for access to military installations or facilities from campaign organizations as opposed to the official staff of the office that the candidate currently holds. (b) Requests for access to military installations or facilities by family members of candidates when such family members are not otherwise entitled to access by law or policy or who otherwise do not have an independent official purpose. (c) Requests for access to military installations or facilities that include accompaniment by campaign staff. (6) Installation commanders will not permit candidates to use military facilities for political campaign or election events, including public assemblies or town hall meetings, speeches, fundraisers, press conferences, post-election celebrations, and concession addresses. (7) Members of Congress and other elected or appointed officials are allowed to visit military installations to receive official briefings, tours, or other official DoD information. Installation commanders will prohibit candidates from engaging in any political campaign or election activity during the visit. (8) An installation commander may permit nonpartisan voter registration activities on an installation by State and county officials, or groups recognized in accordance with Section 501(c)(19) of Title 26, United States Code, subject to all applicable military installation rules and regulations governing such activities on military installations. The installation voting assistance officer and installation staff judge advocate must be notified before access is granted. (9) Installation commanders will not allow candidates or their agents to obtain still or video imagery of military equipment (e.g., ships, tanks, and aircraft) for use in political campaign or election advertisements, commercials, or literature. Absent operations security concerns, candidates or their assistants are not restricted from documenting equipment from a location outside the control of a DoD facility or military installation. This restriction does not apply to imagery of elected or appointed officials photographed while on official business or travel (e.g., not related to campaigning). 3.3. USE OF OFFICIAL DOD SEALS AND EMBLEMS. a. The seals of the DoD and the Military Services may only be used for official department use. In accordance with DoD Instruction 5535.12, Service marks, including those appearing on flags, may not be licensed or used on promotional products or services in a manner that creates a perception of DoD endorsement of any non-Federal organizations, including political candidates, political parties, or any organization that is actively engaged in activity to promote the success or failure of a partisan political candidate or party. b. DoD employees permitted to participate in political activities in their personal capacities must not sanction use of Service flags, or heraldry items such as, but not limited to, distinctive unit crests, regimental flags, or unit patches; or otherwise create an actual or apparent endorsement of a candidate or campaign by the DoD.
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DoDI 5400.18, November 30, 2023 SECTION 3: PUBLIC AFFAIRS PROCEDURES, GUIDANCE, AND RESTRICTIONS 11 3.4. DOD PUBLICATIONS AND MEDIA. DoD publications, including DoD Component official websites and social media, will not contain advertisements, discussions, cartoons, editorials, or commentaries advocating for, or appearing to advocate for, the success or failure of any political party or candidates for partisan political office. DoD newspapers and civilian enterprise publications may not conduct or publish polls, surveys, or straw votes relating to elections or political campaigns, candidates, causes, or issues. This paragraph does not apply to the Stars and Stripes publication; publication and editorial policies for Stars and Stripes are addressed in DoDD 5122.11.