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VERIFY: Can law enforcement officers legally wear uniforms in campaign ads? It depends

The Texas Ethics Commission said that if the municipality owns the uniform, then the officer can't wear it. If the officer bought the uniform themselves, they can.

HOUSTON — With elections just weeks away, political ads are popping up everywhere. Some of the TV ads feature law enforcement officers wearing their uniforms. Someone asked the VERIFY team if that is allowed.

During election season, politicians quickly buy up TV time. Some of their campaign ads include uniformed police officers.

Susan asked the VERIFY team to find out: “Are law enforcement officials allowed to appear in uniform in television ads for specific candidates?”

We have two sources for this: Senior Legal Analyst at the Texas Ethics Commission, Patti Shannon and Texas Election Code Title 15, which regulates political funds and campaigns.

According to Chapter 255 of the election code, which regulates political advertising and campaign communications, “An officer or employee of a political subdivision cannot use public resources for political advertising.”

The Texas Ethics Commission has the jurisdiction to interpret that code and enforce it.

But Shannon said this one is not cut and dry.

“If the city or county owns the uniform the officer is wearing in the political ad, then he cannot wear it. If the officer purchased the uniform with his own money, then he can,” Shannon said.

She said, typically an officer cannot wear his badge or stand in front of a government-owned vehicle or building bearing his employer's logo.

So, whether uniformed law enforcement officers are allowed to appear in campaign ads depends on who paid for the uniform.

If you see a campaign ad you believe is in violation of the code, you can email the Texas Ethics Commission opinions@ethics.state.tx.us for review. They meet quarterly. Their next meeting is in December.

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