E-mails illustrate Huckabee strategy (on Smoker Ban)

Arkansas Democrat Gazette ^ | May 7, 2006 | SETH BLOMELEY

[Eric Blair 2084]

In the days leading up to last month’s special legislative session, Gov. Mike Huckabee’s office pushed to restrict public comment on his smoking ban bill, and the governor prepared to publicly shame legislators who opposed it.

“An ad doesn’t help unless it’s personal,” Huckabee wrote in a March 31 e-mail.

There were no public hearings on the bill prior to the special session, but politics swirled behind-the-scenes for two weeks in late March as Huckabee sought to rein in legislators to his point of view, according to documents obtained in a Freedom of Information Act request by the Arkansas Democrat-Gazette.

More than 1, 200 pages of e-mails supplied by the University of Arkansas for Medical Sciences and the state Department of Health and Human Services show that, despite the wide margins of passage for the bill, gathering support for it wasn’t an easy task.

The e-mails, many labeled as being from the governor and those who answer to him, also illustrate how involved Huckabee can be in legislation he wants passed, despite his being criticized by some at the Capitol for too often being detached from policy debates.

A few days before the session, Huckabee officials believed they were short of supporting votes in the House, and his deputy chief of staff, Kelly Boyd, urged Huckabee to organize rallies to embarrass legislators opposing the bill.

“TEFRA their asses,” Boyd wrote March 31.

Boyd was referring to the public scathing Huckabee received in 2002 over the administration’s plan to eliminate a Medicaid program, called TEFRA, for developmentally disabled children when state spending had to be cut because of a slump in revenue growth. Boyd said anti-smoking supporters could learn from the tactics employed by Medicaid advocates four years ago.

Huckabee replied to Boyd: “Good ideas.”

Boyd also opposed giving the proposal a public airing in a committee meeting before the special session.

“You only want legislators hearing your side of the story,” Boyd wrote Health and Human Services Director John Selig on March 23.

Act 8 of 2006 bans smoking in most workplaces throughout Arkansas. Exceptions include nursing homes and restaurants and bars that serve and employ only people 21 and older. It goes into effect July 21.

Two hours after Huckabee signed the bill April 7, Selig sent an e-mail congratulating his staff for their work. He told them the governor gave them the “formidable challenge” of gathering enough support in less than two weeks. The desire to have a “profound health impact” on Arkansas drove his staff, he wrote.

“It made for some long days and some frazzled nerves, and until today, we didn’t know if victory would be ours,” Selig wrote.

Huckabee, a Republican, is exploring a possible 2008 run for president based largely on his health advocacy.

He took a role in managing public relations strategy for the proposal.

In a March 21 e-mail, the governor said he didn’t want promotional “talking points” that said the proposal would “ban smoking.” Instead, he directed they “say it will provide a safe and clean breathing environment.”

The same day, Joe Quinn, Huckabee’s policy director, wrote the governor about the American Cancer Society’s strategy for passing the bill. The “first phase” involved an “under the radar” lobbying effort of legislators serving on the committees that would consider the bill. A broader public relations campaign would come after that.

The following day, Boyd complained to Quinn about Quinn’s use of the phrase “anti smoking” in a previous e-mail to the governor.

“I think you should feel honored to the be the first person to place a dollar in the ‘smoking’ kitty since you failed to heed my earlier warning about the requirement to use ‘clean air’ instead of ‘& %$ * $ & %’ when referring to this issue,” Boyd wrote.

Quinn responded, “Put a jar on your desk. I will bring you a dollar.”

Later that day, Huckabee Chief of Staff Brenda Turner admonished Quinn for spending too much time on the issue, especially since she wanted governor’s staff to focus on the education bills. The primary issue for debate during the special session was to respond to the state Supreme Court on public school funding.

“Joe, this feels like this is being coordinated from our office when I actually prefer that the lead be taken by [state health officer ] Joe Thompson and the DHHS folks,” Turner wrote.

On March 23, Boyd wrote Selig that he opposed placing the smoking ban on the agenda for a meeting March 27 of the House and Senate Public Health, Welfare and Labor Committees.

“Why give the bill more shots and more public airing ?” Boyd said. “All you are going to get is folks who oppose the bill coming in and giving legislators something to think about. You have enough resources at your disposal to visit with each individual legislator numerous times during the next week. You only want legislators hearing your side of the story and going to committee is about as opposite a way to do that as I can think of.”

Huckabee, through a spokesman, said Friday, “There was no attempt that I’m aware of to limit discussion” on the bill. He said there was “every attempt” made to “fully discuss the issue.”

Boyd on March 24 told Selig it wasn’t good enough to get commitments to vote for the bill; they had to extract promises not to amend it.

“I hear a rumor that a run will be made to amend it to ban all smoking in Arkansas,” Boyd wrote. “Likely [or ] not, those folks at Cancer and some of the [health division ] folks will think this is the best idea since sliced bread. All they will be doing is killing the bill.”

Three days later, Rep. David Johnson, D-Little Rock, wrote Thompson that the key to the bill passing would be the change of heart by Republican legislators who voted against a smoking ban bill in 2005. The bill was tailored to restaurants, not workplaces in general, and Huckabee didn’t actively support it. That bill failed.

“Without Huckabee’s lobbying,” Johnson wrote. “I wouldn’t be surprised to see a similar fate for this bill.”

On March 29, Thompson sounded uncertain of success in an e-mail to Turner.

“Tide is turning but may not have time to solidify support,” he wrote.

Thompson counted 25 yes votes in the House, 26 short of passage.

But the next day Thompson wrote Huckabee that he had had a “good day” and had gained nine more commitments in the House, particularly from the House speaker-designate, Rep. Benny Petrus, D-Stuttgart. Thompson told the governor that Southland Greyhound Park in West Memphis “desperately wants an exemption.” He said he told the track’s lobbyist that could be arranged if the lobbyist was able to persuade more House Rules Committee members to vote for the bill.

Huckabee replied that “we’re gaining steam” but demanded staff get “firm commitments” from legislators, especially Rep. Denny Sumpter, D-West Memphis. Three years ago, Huckabee alleged Sumpter broke a pledge to support a sweeping reorganization of state government, something Sumpter has denied.

“Get Sumpter’s in blood,” Huckabee wrote Thompson. “He can’t be trusted.”

The same day Huckabee thanked Rep. Steve Harrelson, D-Texarkana, who has recently been chosen as Democratic leader for 2007, for supporting the bill.

“I’m so very proud of you !” Huckabee wrote. “I am indebted to you and hope to find ways to show it. With 99 more like you, we’d take Arkansas to the top !”

The morning of March 31 brought a flurry of e-mail hours before Huckabee issued the proclamation for the special session to start three days later.

At 6: 34 a. m., Selig e-mailed Huckabee saying that Petrus “may need some massaging by you.”

Two minutes later, Huckabee responded that local health officials needed to be more involved.

“The more docs and health care pros that do this from back home, the better,” he wrote.

At 6: 57 a. m., Boyd chimed in: “Bus in folks by hundreds.”

Boyd called for daily news conferences on the Capitol steps, during which legislators’ names would be announced as supporting or opposing the bill.

“Imagine Benny Petrus’ angst if two or three of his constituents stand up there in front of the cameras and call him out on this,” Boyd added. “There are five good days to do this... calling these guys out individually will scare them to death... watch them sweat... wear their butts out publicly. My recommendation ? TEFRA their asses. HARD. If we don’t embarrass and separate them, we won’t win. Go for the jugular and make them bleed where it hurts worst, in their home districts with their own constituents.”

Huckabee, using his alternate e-mail account (jetsdad@arkansas. gov, a reference to his dog, Jet ), replied, “Good ideas. I agree that an ad doesn’t help unless it’s personal. A better approach is a large ad or poster with a list of those who support, those who don’t and the undecided. With a question that says ‘ Will you vote for your health or the tobacco lobbyists. ’”

Boyd responded to Huckabee, “We need to constantly think TEFRA. You were on the receiving end and we all clearly remember how un-fun that was. It is time to use what we learned.”

Those kinds of events didn’t happen. There was a news conference the week before the session and a rally on the first day of the session, but they didn’t try to shame any individual legislators.

Petrus said last week he wasn’t aware of Huckabee and Boyd talking about or implementing any such tactics. He said the e-mails didn’t bother him.

“They went all out, didn’t they ?” Petrus said after being shown the e-mails by the Democrat-Gazette. “Full-court press. They ain’t bashful about what they put in [e-mails ] are they ? I’ll just say it’s humorous. [Huckabee ] worked the hell out of [the smoking bill ].”

He said the only problem he had with the way the administration was pushing the smoking ban was that a lot of local state health officials were lobbying their legislators. He questioned whether that was proper.

Huckabee said Friday through a spokesman that the strategies described by Boyd weren’t “appropriate or necessary.

“ There were many discussions with numerous organizations, advocates and legislators, as to the importance of passing the bill, but support for the bill grew on its merits and by the time of the session there was a comfortable margin of votes for passage in both houses,” Huckabee said.

On April 2, a Sunday and the day before the session started, Kevin Dedner, the Arkansas lobbyist for the American Cancer Society, wrote Thompson with several concerns about the wording of the bill.

Thompson wrote back that he’d deal with it in the morning.

“Cancer is a key partner,” Thompson told Dedner. “I need to ask, however, that your national folks extract themselves from trying to micromanage — we are now in a political fight. Is national cancer on board with this bill and the political process we are going to undertake or not ?”

The following morning, Dedner replied that the suggested changes, while minor, had potentially far-reaching consequences if not made.

“No other organization has invested the type of resources we have into this effort and it seems borderline insulting for our recommendations to be discounted,” Dedner wrote. “I have worked like crazy to hold the national tobacco [control ] community together... to keep them from fighting this bill. You owe us this.”

Thompson replied that most of the suggested changes were minor and would be made.

“We are cool,” Dedner replied.

Also that Sunday, Boyd emailed Huckabee saying he believed the bill was eight to 10 votes short in the House and was even short in the Rules Committee. Huckabee said he was confident enough votes would be there. “I really feel we’ll get them,” the governor replied.

It passed the Senate, 30-4 on April 4 and the House, 63-32 on April 6.

At 7: 40 a. m. April 8, the day after he signed the bill, Huckabee wrote Selig and Thompson that he was considering staging an “Eat and Breathe Easy Day” when the law takes effect. On that day, he would encourage people to eat out and “choose healthy items from the menu.”

Huckabee wrote that he hoped a “record revenue day for restaurants” would result because he wanted to “build some bridges” with restaurant owners and their lobbyists, “at least the reasonable ones,” who had opposed the bill.

He then listed several promotional ideas, including “discard the ashtray photo ops” at various businesses.

“The air already smells better on this beautiful Saturday !” Huckabee said.

[freeangel]

It would appear I’m not a fortuneteller after all.

[pissant]

Funny thing is, the marketplace was taking care of the smoking/no smoking issue. My favorite pubs to eat were non smoking. But the cigar bars were nice for a nightcap. The flippin nanny staters need to FO.

[pissant]

That’s not you, Miss Cleo?

[383rr]

“There’s no way I’ll vote for this POS even if he’s on the ticket for VP.”

B U M P

[ari-freedom]

well the taxes are just an excuse to raise more revenue. if they are raised too high to reduce smoking, they don’t get the revenue and most smokers will find ways to avoid the tax. It’s a pretty dumb way to get people to quit an addiction.

[Eric Blair 2084]

Exactly. When I go out with the chilruns I look for a non smoking establishment. When I go out with the boys I look for a place where we can smoke.

"What most people really object to when they object to a free market is that it is so hard for them to shape it to their own will. The market gives people what the people want instead of what other people think they ought to want. At the bottom of many criticisms of the market economy is really lack of belief in freedom itself. The essence of political freedom is the absence of coercion of one man by his fellow men. The fundamental danger to political freedom is the concentration of power. The existence of a large measure of power in the hands of a relatively few individuals enables them to use it to coerce their fellow men. Preservation of freedom requires either the elimination of power where that is possible, or its dispersal where it cannot be eliminated. It essentially requires a system of checks and balances, like that explicitly incorporated in our Constitution..."

-- Milton Friedman, The New Liberal's Creed: Individual Freedom, Preserving Dissent Are Ultimate Goals," May 18, 1961

[Eric Blair 2084]

That is where we are heading for at warp speed. Baby killer as the GOP nominee. He will need a fellow liberal who is a pro life, pro gun and appeals to evangelicals.

Who do we know who fits the bill?

[AFreeBird]

He wants to ban smokers from their favorite bars and restaurants, smokers can vote to ban him from the White House.

Didn't really like the guy to begin with; this just puts another nail in his political coffin for me.

smokers can vote to ban him from the White House.

DONE!

[Doe Eyes]

If you want to reduce smoking, require non-smoking as a prereq for receiving medicaid. Or perhaps an ad campaign. But coercive methods such as bans and taxes just won’t work.

Coddling addicts has never worked. Make it illegal and throw the junkies in jail.

[Hot Tabasco]

smokers can vote to ban him from the White House.

Thats a done deal in my house. Any candidate with any "ban" in his background is toast in my opinion........but then again, that just might preclude me from voting for anybody.

[WestSylvanian]

Rich Lowry is one of the “conservative” columnists who is promoting Huckabee as a perfect running mate for Giuliani. We haven’t even voted yet and the elites are already putting the ticket together for us.

[alarm rider]

I’m with you. This guy is a nanny state totalitarian. Liberty? Individual rights? Yeah, this dude is a Republican and if I have a choice between him and Rooty, then I am not voting. I dare any of you “fear the ultimate power of Hillary” types to argue the point.

[eXe]

Calling smokers “addicts” has never worked either.

Smoking wasn’t considered an “addiction” until the Surgeon General changed the definition of addiction to specifically include the smoking of tobacco.

It was considered a habit. Habitually is a quite different thing from addiction.

[ari-freedom]

well...there is smoking in most prisons.

[Eric Blair 2084]

Rich Lowry is one of the “conservative” columnists who is promoting Huckabee as a perfect running mate for Giuliani. We haven’t even voted yet and the elites are already putting the ticket together for us.

The GOP hasn't quite pulled off the perfect retarded ticket yet. A baby killer isn't good enough. We need a socialist do gooder in clerical garb to pull off something really incredible...PISSING OFF BOTH THE SOCIAL CONSERVATIVE AND LIBERTARIAN WINGS OF THE PARTY AND GETTING ZERO VOTES.

It's their chance to become legends and do something that has never been accomplished since the WHIG party disbanded and the GOP was formed.... Socons won't vote for a thrice married***** baby killer, and the libertarians won't vote for a social engineering, liberal nanny state do gooder, smoker banner, GW alarmist, open border 3rd world takeover, tax raiser. It will be a...

****In all fairness to Rudy, any man who has ever heard one of Donna Hanovers' hysterical rants could understand why he ran for the hills.

[Eric Blair 2084]

I’ll give you a chance to please ‘splain Lucy. What are you trying to say.

[Eric Blair 2084]

Make sure you let them know WHY. This nanny state crap will continue ad nauseam until voters threaten to take nanny state politicians’ power away.

They are addicted to power and control. If they lose it, they will go into convulsions.

[GOP_Lady]

Like I’ve said, Eric ... Here we have Huckabee (a Baptist) telling us how to live and Romney (a Mormon) who doesn’t. It’s quite telling, isn’t it?

[Eric Blair 2084]

Are you stalking me again? Good, this should be great for entertainment value. Get your popcorn ready everyone. Let's all take a swing at the Wheezer taliban pinata.

This is more fun than cable TV.