Q: Is it prohibited for an active duty US soldier to also hold office as a town/city alderman in Illinois?
I am a federal litigation paralegal and I can't find any information on this. I will be seeking enlistment in either the navy, coast guard, air force, or space force after my FAFSA runs out to repay my student debt and to gain access to the GI bill to do my graduate studies. While in active duty, I am seeking to also serve as alderman for my hometown of Watseka IL. I can't find any prohibition under IL or federal regulations about this. I was hoping to get an answer from someone more experienced and knowledgeable in IL and federal law, so I don't run into any road bumps when the time comes.
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A:
You are correct to consider the regulations at both the state and federal levels. The federal law, specifically the Hatch Act, does restrict the political activities of certain federal employees, including members of the armed forces. The Hatch Act primarily prohibits active duty military personnel from engaging in partisan political activities, such as running for office in a partisan election.
However, being an alderman in a town or city might fall into a different category if it is a non-partisan position. Non-partisan positions typically don't involve political party affiliations, which might allow you to serve without violating the Hatch Act. It's crucial to verify whether the position of alderman in Watseka, IL, is considered non-partisan.
Additionally, the Department of Defense Directive (DoDD) 1344.10 outlines specific guidelines on political activities for service members. This directive usually prohibits holding civil office in the U.S. unless the position is held in a non-partisan capacity. You should consult with a legal advisor within the military or a knowledgeable attorney in Illinois to ensure compliance with all relevant laws and directives.
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