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As featured on p. 218 of "Bloggers on the Bus," under the name "a MyDD blogger."

Wednesday, October 24, 2007

Hope There Are Some Heroes On The Federal Election Commission

Apparently getting Doritos to sponsor your candidacy, even if it's a joke candidacy, could get you in legal trouble.

If his campaign plays out the way he's indicated that it will, Comedy Central and Colbert's sponsor, Doritos, could be violating federal laws that bar corporations from backing political campaigns, election law experts say.

"How serious can you get about running as a joke?" said Massie Ritsch, communications director for the Center for Responsive Politics, a non-partisan group that tracks campaign finances. "The Federal Election Commission doesn't have a great sense of humor."

Federal law bars corporations from contributing to candidates, either through donations or in-kind contributions such as free use of goods or services.

Media organizations are permitted to feature presidential candidates in covering campaigns.

But no precedent exists for a television network promoting and fostering a candidacy of one of its own talk-show hosts, said Lawrence M. Noble, a former general counsel for the Federal Election Commission. And comedian Pat Paulsen's 1968 candidacy predated current campaign finance regulations.

"The real problem comes in the fact that he actually has his own show, talking about his campaign, paid for by a network," Noble said. "These are the kind of things on slow days you'd debate until the late afternoon at the FEC, but there are serious questions that come up. In theory, he could end up having some campaign finance problems." [...]

On Thursday's program, he held up what he said was a letter from a Washington election lawyer, and made the legal framework part of his schtick.

"In accepting corporate money, I promise to respect federal election laws the same way I respect the must-shower-before-swimming law at the Y," Colbert said. "As a candidate, I am under no obligation to promote the zesty, robust taste of Doritos brand tortilla chips, regardless of how great a snack they may be for lunchtime, munch time, anytime."

He also said that, because of election laws, Doritos would technically be sponsoring not his candidacy but his program's coverage of his candidacy.

"It's illegal for my crunch money here to pay for the campaign, but it is legal for it to pay for my show, and the show can report on my campaign," he said. "Host: 'Eat them.' Candidate: 'I just happen to like 'em.' "


Maybe the good thing about a Colbert candidacy is that it will shed a light on our farcical campaign finance laws. This is obviously a promotional stunt, and something has to allow for that in the new-media age. At the same time, since Colbert so easily cleared the loophole allowing virtually unlimited corporate donations, maybe that should tell the FEC something, too.

In other news, Colbert's already polling at 13% in a three-horse race with Hillary Clinton and Rudy Giuliani. I thought that terrible Robin Williams film "Man of the Year" was fiction; maybe not.

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