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thedrifter
08-29-08, 06:43 AM
Campaign ad with military service ruled OK
By Julie Carr Smyth - The Associated Press
Posted : Thursday Aug 28, 2008 18:20:12 EDT

COLUMBUS, Ohio — A Republican running for a key central Ohio congressional seat had military officials review his new television ad to make sure it doesn’t violate regulations that discourage candidates from touting their service, a campaign spokesman said.

State Sen. Steve Stivers, a member of the Army National Guard, is seeking to replace retiring Republican Rep. Deborah Pryce in one of the most closely watched congressional races in the country.

The 30-second ad, airing widely in central Ohio, includes four images of Stivers in uniform and boasts of him being deployed to the Persian Gulf, leading and reassuring troops, and earning the Bronze Star. All three people who speak for Stivers in the ad, titled “True Example,” address his military record, as does the narrator.

Two images also show Stivers in civilian clothes working at the Statehouse.

Department of Defense regulations, which generally discourage candidates using their service for political gain, prohibit photographs or drawings of a soldier in uniform as the “primary graphic representation” in any campaign ad, billboard, brochure, flyer, Web site, or TV commercial.

Those rules also require a disclaimer that says appearing in military garb doesn’t imply the military’s endorsement of the candidate. Stivers’ ad has the disclaimer.

Stivers faces Democratic Franklin County Commissioner Mary Jo Kilroy and independent Don Elijah Eckhart in the Nov. 4 election.

James Mitchell, chief of staff and spokesman to the U.S. Office of Special Counsel, said there are some caveats for reservists and National Guardsmen such as Stivers. Without viewing Stivers’ ad, however, he said that candidates with military experience in general “shouldn’t be using their military service as part of their campaign.”

Lt. Col. Les’ Melnyk, a spokesman for the Defense Department, echoed that principle.

“It cannot be the predominant theme, but if it is part of a biographical sketch where it’s one of many images of you, it’s part of your life — and, certainly, your service is part of your life — it could be permissible,” he said.

Stivers’ campaign vetted the new ad ahead of time to make sure it complied with regulations, said campaign manager Mike Hartley.

“Trust me, it was not an easy process,” Hartley said. “We started with one ad, and worked and worked and worked. And we definitely made sure that we covered this. Steve is very sensitive about military stuff and wants to do it by the book.”

An Aug. 21 letter from the state Adjutant General’s Department declares the ad compliant by defense directives on political activity.

Lt. Col. Duncan D. Aukland, joint staff judge advocate, wrote that after a review of the ad, “I conclude that the uniformed photographs are not the primary representations, but are instead approximately equal with the other non-military images.”

National Guard spokesman Mark Allen said political prohibitions have generally been more loosely applied to guardsmen than to professional soldiers because of “this whole concept of the guy who drops his plow and picks up his rifle.”

“The overriding principle is freedom of speech,” he said. “We denied that to people under specific situations.” That includes when people go on active duty or become an operational force, he said.

Ellie