Steve Novick is taking some heat today from organizations including the SEIU, AFL-CIO, and Oregon Nurses Association over wording in on one of his recent pieces of direct mail, which raises the question of just what constitutes negative campaigning in this heavily contested U.S. Senate primary.

The piece points out a number of differences between Novick and Democratic primary rival, state House Speaker Jeff Merkley, including early opposition to the war in Iraq, Social Security taxes and, for these unions, the kicker: Health care.

The line that is causing all the fuss says that Merkley "failed to deliver on Healthy Kids legislation that would have increased taxes on cigarettes. The result, 125,000 Oregon kids today are without health care."

The unions-which have all endorsed Merkley-were all members of a coalition (which also included the Oregon Education Association, which has endorsed Novick) working to pass Measure 50, the Healthy Kids Initiative. The ONA, SEIU and AFL-CIO all individually derided the mailer, noting in statements that Merkley was a tireless advocate for the Healthy Kids Plan.

"Speaker Merkley's leadership and dedication on this issue is unquestionable," the ONA said in a release.

Tom Chamberlain, president of the Oregon AFL-CIO, was especially upset. Chamberlin recounted his experience watching Mekley attempt to push the Healthy Kids Plan through the Legislature before it was referred to the voters as Measure 50, and said that the Speaker "did everything he could to get it passed."

The measure was ultimately defeated, stonewalled by Republicans in the Legislature, it was also countered with over $12 million from the tobacco industry.

"House Republicans and the tobacco industry made it their mission to keep the Healthy Kids Plan from being enacted and keep children as potential smokers," said Chamberlain. "This below the belt attack from Novick doesn't represent the kind of leadership Oregon needs."

Chamberlain noted that he has been "pretty silent, we haven't responded to the tit for tat [in this race] but this is over the top."

Jake Weigler, Novick's campaign manager, defended the statement, saying "we think it's a fair criticism based on the campaign Merkley has been running."

That campaign has overwhelmingly consisted of contrasting style; while Merkley has run on his record in the Legislature and his ability to bring people together, Novick has centered his campaign around unfailingly standing up for the little guy, as well as progressive principles.

"Jeff Merkley's central case for being elected has been his record in the Legislature and his record of bringing both parties together to pass Legislation," Weigler said. "This was the central health care item in 2007, Jeff Merkley claimed to have the votes to pass it and yet he didn't."

Of course the unprecedented influence of the tobacco lobby affected the Plan's chances both in the Legislature and in the special election, but Weigler maintained that Merkley will be forced to face special interests in the U.S. Senate as well.

"We have been having debates throughout this campaign on the style that achieves results," Weigler said. "This difference speaks to the comparison."

The Novick camp has said they want to run a positive campaign, and Weigler believes that this statement is not a break from that charge; "this is a fair discussion to have, and one of substance and import."