by NCSL Staff
As the United States fights wars in Iraq and Afghanistan, a handful of state legislators are serving in their state's National Guard or Reserve units while holding elected office, according to a new survey from the National Network of Legislators in the Military and the National Conference of State Legislatures.
Currently, 65 state legislators serve in the U.S. military in reserve units or National Guard units. Of those 65 state legislators in the military, 31 have been deployed to another country while also serving in their respective statehouse.
Although there are no federal laws that prohibit state lawmakers from serving on active duty with the military, there are specific requirements for lawmakers who are activated and/or deployed. A Department of Defense directive, revised on Feb. 19, 2008, generally prohibits a full-time military service member on active duty from holding civil office in state government. For reserve members on active duty service for 270 days or less, this directive allows members to hold an elected office "provided there is no interference with the performance of military duties." Since September 11, 2001, increasing numbers of National Guard and Reserve members have been called up for longer and more frequent tours of duty.
Recognizing the difficulties elected officials who are called to active duty may face, state legislators have introduced legislation that addresses maintaining the elected position of the public official.
Enacted this year, Arkansas specified that an elected official retains the public office upon returning from active military duty. In 2008, Louisiana allowed for temporary successors to be appointed if a legislator is called to active duty for more than 180 days and Maine exempted National Guard members from the law prohibiting an unclassified employee of the executive branch from being a candidate for elective office in a partisan public election.
In 2004, Indiana established a procedure for an elected office to take a leave of absence when called to active duty and for the appointment of a person to temporarily perform the officeholder’s duties during the leave. Click here to review the 2003-2009 state legislation.
For more information on state legislators serving in the military, read NCSL press release.