Colbert 'run' risks breaking law

[Perky]

http://www.politico.com/news/stories/1007/6450.html

By: Kenneth P. Vogel
Oct 19, 2007 08:36 AM EST



If Stephen Colbert keeps hyping his presidential bid on his nightly half-hour news parody show, he could get himself and his network in trouble for violating election laws.

Hopefully there’s a good campaign finance lawyer out there in Colbert Nation, because its leader could be headed for a showdown with the Federal Election Commission.

Comedy Central star Stephen Colbert may have been joking this week when he announced he’s running for president. But his declaration and subsequent celebration of his candidacy — heavy on the affected bloviation that has made him a pop culture phenomenon — are raising some potentially serious legal issues.

If he continues moving toward a presidential campaign, particularly if he, or Comedy Central, keeps spending money exploring and promoting by hyping it on his nightly half-hour news parody show, he could get himself and his network in trouble for violating election laws, including those barring corporate campaign contributions.

“You don’t get a different set of rules because you’re running as a joke,” said Marc Elias, a leading Washington election lawyer who represents Democratic candidates.

“You may get a different set of rules because it’s a joke and you’re not really running,” said Elias, who stressed he was not speaking for any client. “But if it isn’t a joke, then there may be any number of issues.”

With Colbert, it’s tough to tell, since his whole shtick is faux-serious.

His “candidacy” could be just a stunt to sell his recently released book. Or it could be more: He has people on the ground in his native state of South Carolina helping get him on the ballot.

[jenmito]

1. He's running in S. Carolina ONLY and why shouldn't he? He's hilarious and smart...

and wants to be South Carolina's favorite son. I LOVE that he's doing this. And he IS following laws as he pointed out on last night's show. He had to set up a separate web site to get forms downloaded to get signatures he needs. He's taking this to the highest level he can get away with, I assume, and I love him for it. :D

[HiFructosePronSyrup]

2. “You don’t get a different set of rules because you’re running as a joke,”

Actually, yeah, you do.

See, for example, Hustler Magazine v. Falwell

[Cleita]

3. You can be sure Comedy Central has a bank of lawyers they

consult for the shows they air including Colbert's. Since he's running only in South Carolina, that makes the whole thing absurd and not to be taken seriously. If the RW stupidly pursues this like the correspondent's dinner fiasco, it will only make them look as foolish as they did back then.

[hedgehog]

4. I was wondering about this since there was so much talk earlier this summer

about Fred Thompson's non-announcement announcement.

[CK_John]

5. Could be he is it for the matching funds, tax $ should not pay for a joke. n/t

[BushOut06]

6. Anyone remember the "Bill the Cat" candidacies?

Also, didn't Duke (Doonesbury) often run for President?

[zbdent]

7. Goldwater/Miller going on, too ...

but then Pat Buchanan keeps getting airtime, also ...

[jbonkowski]

8. As long as he doesn't file papers

It will always be protected as satire.

Now if someone volunteers to go out and collect signatures to put him on the ballot, that gets a little hazy.

jim

[BushOut06]

10. What is the legality of running a "write-in" campaign?

If you don't actually file to run, or get your name on any ballots - but still campaign and ask people to write your name in, does that still fall under the election laws?

Just curious.

[ChickMagic]

9. Aren't any of these people old enough

to remember Pat Paulsen? He was on the Smothers Brothers Comedy Hour and
made a mock bid to run every four years. The hip people had his bumper
sticker.