Lawmakers in the Military

Photo: NewtownEstates.org. Rep. Takai center.

Rep. K. Mark Takai is featured in this story on lawmakers in the military. The story appears in the September 2009 issue of State Legislatures, a publication of NSCL. Here is the write up on Rep. Takai:

Hawaii Representative K. Mark Takai, in his latest survey of state legislators who also serve in the military, noted that there are no federal laws prohibiting state lawmakers from serving on active duty with the military, but there are rules dealing with what official actions lawmakers can perform while on active duty.

The Department of Defense early last year amended rules covering reserve military personnel and whether they can serve as elected officials while under military deployment. The new directive prohibits a full-time military service member on active duty from holding or exercising functions of state office.

But members of the reserve who are deployed for less than 270 days are allowed to hold and exercise civic functions as long as there is no interference with their military duties.
For those called to active duty for more than 270 days, members can hold a civil office, but cannot exercise the functions of a civil office.

Takai’s surveys, conducted with assistance from the National Conference of State Legislatures, led to the creation of the National Network of Legislators in the Military, which Takai chairs.

The purpose of the network is to provide information and guidance to lawmakers who will be activated or deployed, to share “best practices” and model legislation, and to provide an opportunity for organizations supporting the military to work with the network’s members.
This year’s survey has been completed and will be published later in the year when Takai returns from Kuwait.

In addtion, here is the Department of Defense directive, issued in 2008, which covers political activity by members of the military.

4.5.1. Paragraph 4.5. applies to a civil office in a State; the District of Columbia; a territory, possession, or commonwealth of the United States; or any political subdivision thereof.

4.5.2. A regular member may not hold or exercise the functions of civil office unless otherwise authorized in paragraph 4.5. or by law.

4.5.3. A retired regular or Reserve Component member on active duty under a call or order to active duty for more than 270 days may hold─but shall NOT exercise─the functions of a civil office as set out in subparagraph 4.5.1., as long as:

4.5.3.1. The holding of such office is not prohibited under the laws of the State; the District of Columbia; a territory, possession, or commonwealth of the United States; or any political subdivision thereof.

4.5.3.2. The Secretary concerned grants permission after determining that holding such office does not interfere with the performance of military duties. The Secretary concerned may NOT delegate the authority to grant or deny such permission.

4.5.4. A retired regular or Reserve Component member on active duty under a call or order to active duty for 270 days or fewer may hold and exercise the functions of civil office provided there is no interference with the performance of military duties.

4.5.5. Any member on active duty authorized to hold or exercise, or not prohibited from holding or exercising, the functions of office under paragraph 4.5. is still subject to the prohibitions of subparagraph 4.1.2.