Taxpayers foot biII for eIection-season maiIings

BYLNE: TRENT SEBERT

SECTON: MAN NEWS; Pg. 1A

LENGTH: 1478 words

Tennessee legislators say 'franking' helps voters; critics say it's a misuse of funds and unfairly
favors incumbents

By TRENT SEBERT
Staff Writer

Some Tennessee lawmakers are using taxpayer dollars to subsidize election-season mailings to
their constituents.

Politicians say that the practice known as "franking," which lets legislators mail items to
constituents using postage that taxpayers pay for, is simply a way to keep voters informed.

But critics contend that taxpayers are picking up the tab for some legislators' campaigns and
funding an additional advantage in elections that are already weighted toward incumbents.

"Personally, think it stinks," said Johnny Hatcher Jr., a Republican from Memphis who lost a
state Senate race this November against Steve Cohen, a well-funded, long-term incumbent.
Just before Election Day, Cohen spent $13,809 in taxpayer cash to send a newsletter and a
questionnaire to his constituents.

Hatcher, and other critics of franking, question whether Cohen was misusing his legislative
perk by sending mail on the taxpayer tab so close to Election Day. ndeed, records show that
in the year leading up to his mass mailing, the Memphis Democrat spent just $804.24 from his
postage fund.

Cohen dismisses any such charge, saying that the election season is simply the best time to get
response from mailing from his constituents. Besides, Cohen said, those opposing his seat for a
decade or more have not been serious contenders and he would have won a clear victory, mail
or no mail.

"t's an extensive disadvantage," Hatcher said. "Using taxpayer dollars that way is questionable.
don't know if it's illegal, but it's definitely improper."

A review of House and Senate records covering the year leading up to November 2004 by The
Tennessean shows that a handful of lawmakers ratcheted up their spending on mailings, and
constituent gifts such as state flags, in the months around the August primary and up to the
Nov. 2 general election.

The Office of Legislative Administration did not immediately provide samples of franked mail.

The list the office provided also did not include franking expenditures for House Speaker Jimmy
Naifeh, Lt. Gov. and Senate Speaker John Wilder, and several legislators who lost or who did
not seek re-election last November, including former Senate Speaker Pro Tem Jo Ann Graves
and Rep. Brenda Turner.

n addition to Cohen, lawmakers such as Rep. Beverly Marrero, Rep. Joe Fowlkes, Rep. John
Litz and Sen. Roy Herron, who faced opponents in the general election, sent out mailings paid
for by taxpayers in the months leading up to Election Day. So did Rep. Larry Turner, who faced
a challenge in his primary and a write-in opponent on Nov. 2.

"t's clearly an abuse; there's no question about it," said Ben Cunningham of the watchdog
group Tennessee Tax Revolt. "t shifts the balance of power to the incumbent."

Cohen said his October mailing was a newsletter and a questionnaire and had nothing to do
with campaigning. He sent it so close to Election Day, he said, because "t's a time when people
are thinking of politics, thinking of issues. ... t's the most effective way to get a response."

Cohen added: "f the byproduct is that it helps you at the polls, so be it."

t's not illegal in Tennessee. Mailing items such as newsletters detailing legislators'
accomplishments is perfectly within state House and Senate rules.

But what Cohen and other lawmakers did would be illegal if they were members of Congress.

The congressional franking privilege has long been criticized, and the House of
Representatives, for example, has put rigid restrictions on what can be sent. Each piece must
be approved by a special review committee and there are limits on what a member is allowed to
say and even the size of a photograph on the mailing.

And federal representatives are not allowed to mail letters at taxpayer expense within 90 days
before an election.

"t's regularly an issue in other states," said Mary Boyle, with Common Cause in Washington,
D.C. "The potential abuses of franking have long been a concern all across the country."

n Tennessee, the rules appear looser. Although newsletters and questionnaires must be OK'd
before leaving the building to make sure they're not overt campaign literature, Capitol officials
said, not all mail is inspected.

Legislators said they can save up the money they are allotted for postage - $1,955 annually for
a representative, and $4,225 for a senator, according to the state legislators' manual - for years,
and then send out a mega-mailing.

Controversy surrounding legislators and the mail they can send free have erupted over the past
few years in Utah, Florida and Colorado.

But closer to home, the issue has people mad over the mail.

Dennis Doster - a challenger who, like Hatcher, faced a tough, well-financed incumbent in Roy
Herron - said he believes Herron's blitz of last-minute mail to voters contributed to his defeat.
Doster, a Republican, also believes that at least some of that mail was paid for from Herron's
franking fund.

Herron used his free-postage privilege during the legislative session, but he continued to mail
out letters as Election Day neared, records show, sending out more than $2,000 in taxpayer-
funded mail between July and October 2004. n November, Herron dipped into his postage fund
to the tune of $10,796, but it's unclear how much of that, if any, was sent pre-Election Day.

Herron did not respond to calls seeking comment yesterday.

Most legislators defended the practice.

Fowlkes, a Cornersville Democrat, said most of his mailing costs came out of his pocket. And he
seldom used his franking privilege, he said. Because he was asked by so many legislators for
his share so they could mail more, he decided to use it for a newsletter.

Rep. Harry Tindell, D-Knoxville, is one of the legislators who mixes up his mailing throughout
the year, the newspaper's record review showed. He sent out one mass mailing soon after the
legislative session ended. He said he is extremely cautious about the mailings he sends using
taxpayer money, spending $2,729.55 over the 13-month period.

"Communicating with constituents is a legitimate issue, a good issue," Tindell said.
He noted, though, " could understand how the system could be abused."

But none of the legislators interviewed said they believed any reform is on the way. Most said
none was needed.

But that's a weak answer, say those wanting to break into state politics.

"The fact is, it's difficult enough for a new person to get into politics," Doster said. "Why does he
have to go and take my money and spend it against me?"

Trent Seibert can be reached at 259-8094 or tseibert@tennessean.com.

Term dates to 17th century

The term "franking" has its origins in England in 1652, when correspondence to and from
members of Parliament and of certain state officials was permitted to pass free through the post.
n the early days of the system, the word "frank"- from the French for "free" - accompanied by
the seal and sometimes the name of the person entitled to the privilege, was all that appeared
on the letter.

Abuses soon arose, and regulations were made at different times, about the number and weight
of these "free" letters, the time and place of posting and the method and form of addressing
them.


GRAPHC BY KENT TRAVS - STAFF; SOURCE: LEGSLATVE OFFCE OF
ADMNSTRATON
Who uses 'franking'?

Legislators who exceed their "franking" budget are required to reimburse the state for the
overage. House members each get $1,955 annually, senators $4,225. However, legislators can
also carry over their saved-upfranking from year to year.
The figures below reflect spending from November 2003-November 2004:
Top users
Sen. Steve Cohen, D-Memphis, $18,237.33
Sen. Roy Herron, D-Dresden, $18,012.62
Sen. Joe Haynes, D-Goodlettsville, $16,265.86
Sen. Ron Ramsey, R-Blountville, $14,999.64
Sen. Charlotte Burks, D-Monterey, $12,985.17
Sen. Douglas Henry, D-Nashville, $11,973.30
Sen. Tommy Kilby, D-Wartburg, $11,867.19
Sen. Jerry Cooper, D-Morrison, $9,836.12
Sen. Jim Kyle, D-Memphis, $8,433.13
Rep. Charles Sargent, R-Franklin, $7,560.74
Least users
Rep. Craig Fitzhugh, D-Ripley, $666.55
Rep. Jere Hargrove, D-Cookeville, $610.82
Rep. Chris Clem, R-Lookout Mountain, $527.05
Rep. Jimmy Eldridge, R-Jackson, $329.86
Rep. Nathan Vaughn, D-Kingsport, $329.11

Make your voice heard
To contact your legislator or any member of the General Assembly, go to Tennessean.com and
type the word LAWMAKER in the keyword search box.
Talk to us
How do legislators' free mailing privileges, called "franking," affect you? Tell us at
politics@Tennessean.com.