Arkansas Democrats' political radio ad canceled after governor raises party ethics issue

FILE - This combination of file photos shows Republican Arkansas Gov. Asa Hutchinson, left, and Democrat Jared Henderson, his challenger for the governor's seat in the November 2018 election. (AP Photo/Andrew DeMillo, File)
FILE - This combination of file photos shows Republican Arkansas Gov. Asa Hutchinson, left, and Democrat Jared Henderson, his challenger for the governor's seat in the November 2018 election. (AP Photo/Andrew DeMillo, File)

The Arkansas Democratic Party on Wednesday suspended party-financed radio advertisements that Republican Gov. Asa Hutchinson said urge the election of Democratic gubernatorial nominee Jared Henderson.

State Democratic Party spokesman Reed Brewer announced the suspension in the afternoon, about 1½ hours after Hutchinson asked in a news release for the party and Henderson to pull down the ads. In the ads, Henderson speaks on different topics, such as the Medicaid expansion and government corruption.

In a letter to Democratic Party of Arkansas Chairman Michael John Gray, Hutchinson wrote that the party spent more than $15,000 over the contribution limits of $2,700 per candidate to purchase time on various radio stations directly advocating for Henderson's candidacy.

It's clear from the commercial that the radio ads have been coordinated with Henderson since his voice is used in the ads, Hutchinson said in his letter.

"The ads paid for by the DPA not only expressly advocate for Mr. Henderson, but Mr. Henderson also chides me for not doing more to ferret out unethical behavior in Arkansas," the governor wrote.

"As suggested by the ad, I want to be sure to call your attention to the ethical violation of the ads. The ads violate Arkansas law by being contributions in excess of legal limits and I request that the ads be pulled down," said Hutchinson, who is an attorney.

"I am writing this letter assuming that the violation was based upon a misunderstanding of the requirements of Arkansas law. Regardless, this constitutes a violation of law that justifies action by the Arkansas Ethics Commission. I trust the commission's review will not be necessary since the law is clear on this violation."

In a tersely written statement, Brewer said, "Upon further review of the radio advertisements in question, the Democratic Party of Arkansas has decided to suspend additional runs.

"As a party, we are committed to transparency and to following all the ethical rules and standards," Brewer said.

Brewer didn't respond to an email from this newspaper asking whether the party violated state law, as Hutchinson suggested.

Henderson spokesman Abby Anderson declined to comment.

In a brief telephone interview, Gray said, "We have reached out to our compliance people and legal people for further review of the ads.

"We just thought it would be prudent to review it pending resolution of the issue," said Gray, who is a farmer, attorney and a state representative from Augusta seeking re-election. The election is Nov. 6.

Under current state law, the Ethics Commission may levy fines ranging from $50 to $2,000 for violations of state ethics laws. It also can hand out public letters of caution, warning or reprimand.

Metro on 10/18/2018

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