INDIANAPOLIS (WISH) — A senior adviser to the Democratic candidate for governor on Tuesday said her opponent should pull an ad that uses a significantly altered image of her supporters.

Republican candidate Mike Braun’s campaign on Tuesday released a new TV ad, titled “Hopelessly Liberal,” attacking Democrat Jennifer McCormick over her record as superintendent of public instruction and her current policy positions. Toward the end of the ad, the voiceover narration attacks her call for establishing an office of environmental justice and momentarily shows an image of McCormick with supporters holding signs that read “No gas stoves.” There’s only one problem: The image never happened. It was altered from a South Bend Tribune photo of McCormick supporters holding signs reading “Jennifer McCormick for governor.”

A new state law, enacted in March, requires any campaign ad using altered or artificially-generated imagery to include a disclaimer reading “Elements of this media have been digitally altered or artificially generated.”

An early version of the Braun campaign ad lacked the disclaimer. A later version added the disclaimer but McCormick for Governor senior adviser Adam Kirsch said the version without the disclaimer continued to air in some markets.

“He’s digitally manipulating images to put signs into voters’ hands that they did not hold and to represent a position Jennifer McCormick does not hold,” he said. “The fact is, he should be honest with voters because that’s what Jennifer McCormick is doing.”

The law allows a candidate to file a civil lawsuit over use of fabricated media without a disclaimer and directs courts to prioritize hearings for any such actions. Kirsch would only say “all options are on the table” when News 8 asked if the McCormick campaign is considering a lawsuit.

Braun’s campaign said McCormick’s endorsement of the U.S. Climate Alliance, which has called for tougher greenhouse gas emission standards for household appliance, means the ad is still factually accurate.

“The ‘hopelessly liberal’ ads are in compliance with HEA 1133. An earlier version was mistakenly delivered to TV stations and is being replaced with the correct version. Mike Braun is the first candidate to comply with this new law, which requires a disclaimer for any alteration from an original image, even though his opponent has altered his appearance in her paid advertisements without a disclaimer.”

Josh Kelley, Senior Adviser

The ad the Braun campaign refers to is a McCormick ad that attacks Braun over past comments he’s made regarding abortion. Braun’s campaign said that ad selectively edited audio from a December 2021 interview on NBC’s “Meet the Press” to take his words out of context and make it appear he was saying something else. News 8 reviewed the original interview and found the audio clip used, while very short, was not altered from Braun’s original response. Kirsch said Braun’s past comments on abortion speak for themselves and the ad did not violate the new law. As for gas stoves, he said, “Jennifer McCormick has never endorsed banning gas stoves and proudly used one. (Lieutenant governor candidate) Terry Goodin has one right now.”