With the election being upon us, perhaps a few words on political activity by police officers as for what is allowed. It is a common misunderstanding that a police officer/sheriff’s deputy gives up their right to support one candidate over another in run for sheriff. The law does allow a LEO to support his favorite candidate but it does put severe limitations on the officer’s activities.

It is not just LEO’s who are limited to political activity, but any classified employee of the state, county, city, school district or township. ORC 124.11 divides employees of governmental agencies as classified or unclassified. For the purpose of this article, I will deal with LEO positions.

An unclassified position is any position awarded by popular vote or appointment by a commission, city council, mayor and so on. A sheriff is unclassified; a chief of police appointed by a city council or mayor is unclassified. A police chief awarded the position through civil service examination is still classified. Any department head position is unclassified.

In a sheriff’s office or police department all skilled personnel such as deputies and police officers are considered classified. As a classified employee they have the right to vote, express their support for a partisan candidate at their home, in their speech or with a sign in their yard or on their personal vehicle.

A classified employee may not join a committee, solicit funds for a candidate or write letters of support requesting donations for a partisan candidate. This prevents the local dog catcher from having his deputy dog catchers to raise funds for his reelection or force them to donate money to his campaign.

The mayor, sheriff or dog catcher cannot have classified employees work toward their election, the election of another partisan candidate and so on. Of course this would seem to be common sense, but over the years allegations and incidents where this law is broken are sadly not a rarity.

So when you see a LEO displaying an election sign in his yard supporting a certain person for president, it is perfectly legal. When the LEO solicits you for a donation for sheriff or a council member, they are breaking this law. When the LEO solicits money for nonpartisan cause, as long as he is off duty, it is allowed. Following is the exact Ohio Revised Code section dealing with this topic.

124.57 Prohibition against partisan political activity.

(A) No officer or employee in the classified service of the state, the several counties, cities, and city school districts of the state, or the civil service townships of the state shall directly or indirectly, orally or by letter, solicit or receive, or be in any manner concerned in soliciting or receiving, any assessment, subscription, or contribution for any political party or for any candidate for public office; nor shall any person solicit directly or indirectly, orally or by letter, or be in any manner concerned in soliciting, any such assessment, contribution, or payment from any officer or employee in the classified service of the state, the several counties, cities, or city school districts of the state, or the civil service townships of the state; nor shall any officer or employee in the classified service of the state, the several counties, cities, and city school districts of the state, or the civil service townships of the state be an officer in any political organization or take part in politics other than to vote as the officer or employee pleases and to express freely political opinions.

(B) (1) Nothing in division (A) of this section prohibits an officer or employee described in that division from serving as a precinct election official under section 3501.22 of the Revised Code.

Amended by 130th General Assembly File No. 25, HB 59, §101.01, eff. 9/29/2013.

Effective Date: 09-16-1998; 05-07-2004

First Group 2x2
First Group 2x2
Local News

Stories on people, places, events and businesses right here in Western Clark County.

Local Government

Meetings and news from local Boards of Education, Township Trustees and County Commissioners.

Sports

Arrows, Bees & Warriors; we cover all local high school sports, as well as local semi-pro and adult leagues