7 FAM 1560
political activities AND THE OVERSEAS VOTING PROGRAM
guidance
(CT:CON-841; 08-28-2018)
(Office of Origin: CA/OCS)
7 FAM 1561 SUMMARY
(CT:CON-742; 10-17-2017)
a. This section highlights a few issues concerning
political activities that are specific to the voting assistance program and the
operation of U.S. political parties abroad. (See 3 FAM 4123.3
for general guidance on partisan political activities while abroad.)
b. Ethics Program Web site: The Departments general
guidance on permissible political activities is available on the Departments
Ethics Program Web site. The guidance memoranda available on the website
incorporate the Hatch Act (5 U.S.C. 7321-26), its implementing regulations (5
CFR 734) and policy restrictions specific to the Department of State.
c. Permissible political activities vary depending on
the status of the employee (e.g., the rules for ambassadors and
non-chief-of-mission (COM) Foreign Service (FS) officers are not identical).
d. Violations of political activities restrictions can
lead to criminal and civil penalties, as well as disciplinary action.
e. Questions in the area of political activities should
be directed to L/EFD by email at EthicsAttorneyMailbox@state.gov, or, if
necessary, by phone at (202) 663-3770.
7 FAM 1562 ELECTION ACTIVITIES ON U.S.
EMBASSY OR CONSULAR PREMISES
(CT:CON-742; 10-17-2017)
a. Under 3 FAM 4123.3,
employees, spouses, and family members are prohibited from engaging in
any partisan political activities abroad.
b. Voting Assistance Officers may brief and
meet on embassy and consular premises with private U.S. citizen groups abroad
about the overseas voting program, provided they avoid giving preferential
treatment to any particular group.
c. Nonpartisan voter registration drives, as defined
in 7 FAM 1564,
are permitted on embassy or consulate premises.
d. Partisan political rallies are not permitted
on embassy or consulate premises.
e. Posts abroad may not conduct polling or
mock elections, in relation to either U.S. or foreign elections, tallying
political preferences of post employees, dependents, or private citizens.
There is a limited exception to this rule, which allows the public diplomacy
section to organize a mock election that serves a legitimate public diplomacy
purpose. Such events may only be held at post-sponsored election-night events
and when participation in the activity is limited to only non-U.S. Government
employee foreign nationals. Mock elections are never organized by the consular
section and require approval from L/PD and L/EFD.
f. Voting assistance officers may not participate in
such mock election exercises at American schools abroad.
g. Contact between posts and political campaigns is
covered by separate guidance. If there are questions about contact with
presidential campaigns, contact L/EFD.
7 FAM 1563 PARTICIPATION BY VOTING
ASSISTANCE OFFICERS in PARTISAN ELECTION EVENTS OUTSIDE embassy or CONSULAR
PREMISES
(CT:CON-841; 08-28-2018)
a. Voting assistance officers may attend meetings of
private U.S. citizen groups to provide general information about the overseas
voting program. However, they must avoid giving preferential treatment to any
particular group or individual.
b. Voting assistance officers may publicize and attend
voter registration events outside embassy or consular premises, including
events organized by groups such as Republicans Abroad or Democrats Abroad, on a
nonpartisan basis. If post publicizes or attends an event organized by one
partisan group, every effort must be made to attend and publicize voter
registration events organized by other partisan groups. Voting Assistance
Officers, where feasible, should include a note in any publicity materials such
as social media posts and list serve messages, indicating that post publicizes
and attends such voter registration events on a nonpartisan basis. The use of
MASCOT messages is discouraged except for pre-cleared messages from the
Department Voting Action Officer.
c. Voting Assistance Officers may attend voter
registration events organized by a partisan group to provide information about
absentee voting and otherwise carry out the functions of the overseas voting
program. When attending such events, they must stand at separate booths or
tables from partisan groups or otherwise make clear that they are not
affiliated with a partisan group;
d. Here is some guidance relating to situations that
arise frequently and the general issue of political neutrality:
(1) Newsletter or Messages for U.S.
Citizens (See 7 FAM 070 Appendix A): In newsletters, we can identify
private U.S. citizen groups such as American Citizens Abroad (ACA), Association
of Americans Resident Overseas (AARO), Federation of American Womens Clubs Overseas,
Inc., or League of Women Voters, as sources for nonpartisan assistance with
voter registration, provided that the Federal Voting Assistance Program (FVAP)
identifies these groups as nonpartisan on its Web site or in the Voting
Assistance Guide. Voting assistance officers can write an article asking for
voting volunteers who would be willing to work with the embassy or consulate
(and its network of groups) to provide voting assistance for the coming year.
(See 7 FAM 070
Appendix A and 7 FAM 070 for
guidance about Messages for U.S. Citizens and American
Liaison Networks);
(2) Events hosted by political
parties: Voting Assistance Officers cannot advertise partisan
meetings or partisan fundraisers;
(3) Speaking to Political Groups
Abroad: The role of Voting Assistance Officers is nonpartisan. Voting
Assistance Officers may speak with partisan political groups such as Democrats
Abroad and Republicans Abroad, but they must not favor one political party over
another. Accordingly, if a Voting Assistance Officer plans to speak with a
partisan political group, they must also offer to speak to the other partisan
political groups in their consular district. Voting Assistance Officers can
discuss the post's role in providing voting assistance and education to U.S.
citizens in the consular district. They can ask both groups to hold
nonpartisan voter registration events to help reach out to all U.S. citizens,
and can give guides, election calendars, and motivational posters to both
groups;
(4) Events that the embassy/consulate
hosts: Voting Assistance Officers can recruit volunteers from political
groups such as Republicans Abroad and Democrats Abroad to offer voting
assistance at embassy-hosted town hall meetings to handle nonpartisan voter
registration, and can invite both groups to staff a voter registration booth at
the July 4th event. Voting Assistance Officers booths can have signs that say
"VOTE!" or "Register to vote here" or something similar,
but they should not contain any signs that identify candidates or support
either party, and volunteers must not wear any partisan apparel buttons or
accessories, encourage attendees to support particular candidates or parties,
or distribute literature from candidates or partisan organizations;
(5) What Voting Assistance Officers
cannot do: They cannot provide partisan information on
candidates and issues to U.S. officials or U.S. Government employees, private
U.S. citizens, or military personnel. Further, they cannot distribute any
literature from candidates or partisan organizations, or promote partisan
websites or social media accounts; and
(6) What Voting Assistance Officers
can do as private citizens employed by the U.S. Government: See 7 FAM 1561 for
information about the political activities restrictions on Department
employees.
7 FAM 1564 Requirments for
Nonpartisan voter registration events
(CT:CON-742; 10-17-2017)
In order to be meet the definition of nonpartisan, a
voter registration event must satisfy the following criteria:
(1) No political party or candidate labeling of any
kind (banners, flyers, van decals, t-shirts worn by event staffers, buttons)
may be displayed during the voter registration portion of the event;
(2) This applies to event organizers and staffers. It
does not apply to individuals not involved in organizing or staffing the
event. Therefore, such attendees may wear or otherwise display partisan
messaging;
(3) No political messaging or speeches of any kind may
be made during the voter registration portion of the event;
(4) No campaign material for or against any party or
candidate may be distributed during the voter registration portion of the
event;
(5) No campaign contributions for any party or
candidate may be solicited or collected during the voter registration portion
of the event;
(6) If you are have questions about whether or not the
event you are assisting with qualifies please contact L/EFD by email at EthicsAttorneyMailbox@state.gov,
or by phone at (202) 663-3770.
7 FAM 1565 through 1569 Unassigned