International Foundation for Electoral Systems and Outside Earned Income, Honoraria and Employment.63 Moreover, military personnel are subject to regulation under Department of Defense Directives, which establish policies and assign responsibilities of personnel.64 The U.S. legislative framework applies certain specific on-the-job and off-the-job restrictions to state personnel, dependent upon the position held. Some on-the-job restrictions apply broadly to nearly all federal government personnel, with the intention of protecting the integrity of public employment, appropriations, and contracting decisions. Federal law forbids most federal executive branch officials65 and all executive branch agency employees66 from engaging in partisan electioneering,67 or any activity directed toward the success or failure of a political party, candidate for partisan office or partisan political group68 while on duty or at work. These on-the-job restrictions do not apply to some public employees – for example, some positions working in the Executive Office of the President – where election activity is a practical necessity for certain high-level federal officials – are allowed to engage in such activities.69 Congressional staff are prohibited from soliciting contributions, completing Federal Election Commission reports, creating or distributing a campaign mailing, holding a campaign meeting, or drafting campaign speeches, statements, press releases, and literature while on-duty,70 and may not use political considerations in executing their official responsibilities.71 Active-duty members of the U.S. military are somewhat unique among government employees in that they are considered to be “at work” even when they are away from a military facility. Given this, they are prohibited from active participation in partisan political fundraising activities, rallies, and debates;72 or using their official authority or influence to affect the course or outcome of an election.73 However, there are no restrictions on voting; making monetary contributions to a political organization, party or candidate; attending political rallies and meetings when not in uniform; or encouraging other military members to vote, assuming the advocacy is conducted in a non-partisan manner. See Ethics Policies, United States Courts, available at http://www.uscourts.gov/rules-policies/judiciary-policies/ ethics-policies (last visited July 1, 2016). 64 See What are the DoD Issuances?, Washington Headquarters Services, http://biotech.law.lsu.edu/blaw/dodd/ general.html (last visited June 21, 2016); see e.g., Dept. of Def. Directive 1344.10 (February 19, 2008); Dept. of Def. Directive 1344.10 §§ 4.1.2.1., 4.1.2.2, 4.1.2.3, 4.1.2.5, 4.1.2.6, 4.1.2.8, 4.1.2.9, 4.1.2.10, 4.1.2.11, 4.1.2.13, 4.1.2.14, 4.1.2.15, 4.1.2.16., 4.1.3, 4.3.1.1, 4.3.1.2, 4.3.2.2, and 4.3.2.1. 63 65 The President and Vice President are not covered by the Hatch Act’s prohibitions. See 5 U.S.C.A. § 7322(1). 39 U.S.C.A. § 410(b)(1) (2011). An individual who exercises governmental authority may be considered an employee of the federal government for Hatch Act purposes even if he does not receive compensation. See Off. Of Special Counsel, Adv. Op. 2010-02-19 (2012). 67 See, e.g., 5 U.S.C.A. § 7324(a). 68 5 C.F.R. § 734.101 (2014). 69 5 U.S.C.A. §7324(b); see, e.g., 5 C.F.R. §§ 734.104, 734.201, 734.401(b), 734.501, 734.503. 70 See House Ethics Manual, supra note 62, at 124; see also Senate Ethics Manual, supra note 62, at 141 (noting a prohibition on campaign activities, such as “solicitation of political contributions, canvassing votes, organizing political fundraisers, and coordinating campaign volunteer lists”). 71 See House Ethics Manual, supra note 62, at 150-151; see also S. Comm. On Rules and Admin., Standing Rules of the Senate, S. Doc. No. 113-18, at § 43(3) (2013) [hereinafter Senate Rules] (“The decision to provide assistance to petitioners may not be made on the basis of contributions or services, or promises of contributions or services, to the Member’s political campaigns or to other organizations in which the Member has a political, personal, or financial interest”). 72 Dept. of Def. Directive 1344.10 § 4.1.2.1. Fundraising activities are particularly restricted. See, e.g., Dept. of Def. Directive 1344.10 §§ 4.1.2.9, 4.1.2.14, 4.1.2.16. 73 Dept. of Def. Directive 1344.10 § 4.1.2.2. 66 10