Legal opinion needed:
The Washington Times says Congressman Hunter’s son, Duncan Duane Hunter, may be called back into active duty in the Marines Corps and redeployed. Can he run for Congress while on active duty?
In the Washington Times he says "if deployed I will run for office as an active duty Marine serving a combat tour".
My reading of the rules indicates that if on active duty he cannot run, cannot solicit votes, and cannot encourage anyone else to run.
Anyone?
Update… well several lawyers calls and emails later the short answer is I don’t have any better idea on any of htis than I did two hours ago. First, though, I’d point out, none of this matters IF Hunter Jr. is not redeployed or IF he gets back before filing.
April 10th, 2007 at 12:00 am
I’m no attorney like the better minds on this site, just repeating what I’ve been told. And, I have no knowledge if the Hatch Act applies prima facie in this case, or if something has been carved out for active military.
Duncan D. indicates that this has been checked with the Marine Corps Office of Legislative Affairs, and that he has a DOD directive stating the rules. He says he clearly can run. He is not currently active duty and indicates he qualifies per a DOD directive which sets the bar at 270 days of non-active duty, and that the Marine Corps has confirmed to him that he can run, if he files prior to being recalled to active duty. He has not been recalled, he only knows that he may be.
If his interpretation is correct, depending on when and if he reactivates, the question may be what constitutes “filing” – filing one’s FEC campaign intent or actually qualifying for office. He has already filed his campaign committee with the FEC.
April 11th, 2007 at 12:00 am
The Hatch Act applies to “regular;y scheduled” employees. On deployment, would D. Duane Hunter be “regularly scheduled?” That is the question! My number, of course, is 949-495-3314. Here is the info from the Office of Special Council website:
November 25, 1997
This letter is in response to your request for an advisory opinion concerning the Hatch Act. Specifically, you ask whether the Act would prohibit you, as an employee of the Veterans Administration, from running for public office in a partisan election. We understand that you are scheduled to work three hours every Tuesday and Thursday.
The Hatch Act Reform Amendments of 1993 (5 U.S.C. §§ 7321-7326) prohibit a covered employee from becoming a candidate for public office in a partisan election, i.e., an election in which any candidate represents, for example, the Democratic or Republican party. Temporary, part-time and regularly scheduled employees are covered by the provisions of the Act.
Employees who work a regular schedule, every Tuesday and Thursday in your case, are covered by the Hatch Act at all times. Consequently, an employee, like yourself, who has regularly scheduled duty hours, is prohibited by the Act from running for public office in a partisan election. However, contract employees are not considered employees for purposes of the Hatch Act. Therefore, if you were to be hired as a contract employee you would not be covered by the provisions of the Hatch Act and would not be prohibited from running for public office in a partisan election. Please call me at 800-854-2824 if you have any questions.
Sincerely,
___/s/____________________
Karen Dalheim
Attorney