Embarassed perhaps by his exploitation of a glaring loophole in the state’s ethics laws, Governor Blagojevich backtracked today.

Gov. Rod Blagojevich’s administration has asked a California insurance company to stop using a picture of his family in a company newsletter after it drew criticism from state Republicans and campaign reformers.

Woodland Hills, Calif.-based 21st Century Insurance Co.’s newsletter features a photo of Blagojevich, his wife and a child with a company official. It touts the company’s work with needy children and bears the governor’s name and Illinois’ seal next to the firm’s logo and the phrase “Good People to Call.” It was mailed along with brochures and other solicitation materials. […]

“He cannot claim to be the champion of ethics reform in Illinois when he’s doing something that blatantly goes against the spirit of the law he signed,” said Andy McKenna, GOP chairman. […]

“What’s most troubling is the use of the state seal in a commercial pitch,” said David Morrison, deputy director of the Illinois Campaign for Political Reform. “It looks to me like the governor is endorsing this insurance.”

The state ethics law forbids private companies from using the image, voice, name, etc. of state officials in television, radio and newspaper advertising. The statute doesn’t mention direct mail “newsletters,” however, and that’s why this action isn’t illegal, although it certainly appears to fly in the face of the law’s spirit.

Sec. 5‑20. Public service announcements; other promotional material.

(a) Beginning January 1, 2004, no public service announcement or advertisement that is on behalf of any State administered program and contains the proper name, image, or voice of any executive branch constitutional officer or member of the General Assembly shall be broadcast or aired on radio or television or printed in a commercial newspaper or a commercial magazine at any time.

(b) The proper name or image of any executive branch constitutional officer or member of the General Assembly may not appear on any (i) bumper stickers, (ii) commercial billboards, (iii) lapel pins or buttons, (iv) magnets, (v) stickers, and (vi) other similar promotional items, that are not in furtherance of the person’s official State duties or governmental and public service functions, if designed, paid for, prepared, or distributed using public dollars. This subsection does not apply to stocks of items existing on the effective date of this amendatory Act of the 93rd General Assembly.

(c) This Section does not apply to communications funded through expenditures required to be reported under Article 9 of the Election Code.
(Source: P.A. 93‑615, eff. 11‑19‑03; 93‑617, eff. 12‑9‑03; 93‑685, eff. 7‑8‑04.)