Partisan
PoliticsYou
requested
a
review
of
the
limitations
on
The
American
Legion
becoming
involved
in
partisan
political
activities.
It
may
not.
This
is
made
crystal
clear
by
36
US
Code
§21706
(part
of
The
American
Legion
Corporate
Charter),
which
states:
“The
corporation
shall
be
nonpolitical
and
may
not
promote
the
candidacy of an individual seeking public office.” This is further emphasized by the provisions of Article II, Section 2 of the National Constitution which provides:
“The
American
Legion
shall
be
absolutely
nonpolitical
and
shall
not
be
used
for
the
dissemination
of
partisan
principles
nor
for
the
promotion
of
the
candidacy
of
any
person
seeking
public
office
or
preferment.”
The
American
Legion
takes
positions
on
issues
and
lobbies
for
veteran’s
benefits
and
a
strong
America.
This
is
clearly
permitted.
What
is
not
permitted
is
the
endorsement
of
any
candidate
or
the
donation
of
funds
by
The
American
Legion
to
a
candidate.
The
American
Legion
takes
positions
on
issues
and
its
members
being
citizens
need
to
be
informed
on
the
issues.
Hence,
American
Legion
programs
such
as
candidate
nights
are
fully
authorized as long as all candidates are invited on the same terms and conditions.
It
would
be
illegal
to
invite
the
one
you
support
with
advance
notice,
but
the
one
you
oppose
with
no
notice
at
all.
When
Legionnaires
wear
their
pins
and
hats
to
political
rallies,
the
media
often
try
to
reach
the
wrong
conclusions.
This
can
be
very
embarrassing
to
the
Legionnaire.
Hence,
we
normally
recommend
that
Legionnaires
do
not
wear
their
caps
to
partisan
political
rallies.
There
is
no
rule
against
doing
this
so
long
as
the
Legionnaire
makes
it
clear
there
is
no
endorsement.
Likewise,
we
recommend
that
Legion
publications
not
accept
paid
political
ads.
However,
if
they
do,
the
paid
political
advertisements
must
be
made
on
the
same
terms
and
conditions
for
all
candidates
and
should
be
labeled
“Paid
Political
Advertisement”
at
both
the
top
and
bottom.
As
noted
above,
those
who
violate the partisan political activities prohibition put the Legion charter of their post at risk as well as its tax exempt status.
Date: October 25, 2012 To: Daniel S. Wheeler From: P. B. Onderdonk, Jr., National Judge Advocate
MEMORANDUM
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