MEMORANDUM
TO: Candidates in the Pacifica Foundation November 2004 election
Local Election Supervisors
FROM: Kenny Mostern, National Election Supervisor
RE: Candidates calling in to radio shows
DATE: October 4, 2004
The Fair Campaign Provisions (FCP) of the Pacifica Foundation Election prohibit Listener-Sponsor Candidates from gaining an unfair advantage through receiving unequal air time. In particular, they state:
- . . . [N]or may air time be made available to some Listener-Sponsor Delegate candidates but not to others.
The previous election supervisor, Terry Boricius, further interpreted these rules to include not only time spent discussing a candidacy on air, but also any time spent on air at all, as follows:
If we were to exempt air time as long as the candidacy is not discussed, that interpretation would allow for the following scenario ... A listener-candidate who has good relations with station staff is invited on the air as guests day after day with friendly interviewers praising their competence, wisdom, and compassion, and constantly putting them and their name before the voters in a positive light. Meanwhile other listener-candidates who station staff do not like are relegated to a few minutes for comments and answering questions from callers (which the preferred listener-candidates ALSO get as part of the narrowly defined "equal-time"). If one listener-candidate can be given the opportunity to have ten hours of air time during the campaign period, and another listener-candidate is only given the opportunity to speak for a small set number of minutes, I don't think that scenario is one the Bylaws were written to allow when they require "fair" elections and "equal" opportunity for air time.
The question has now come up: Does this mean that Listener Candidates are completely restricted from ANY time on air at all during the election period? Is absolutely any time on air an unfair access or use of station resources?
My answer to this question is that Listener candidates may not appear as named guests on programs at any time during the campaign period. However, such candidates can be part of the general population of callers on programs unrelated to the Pacifica election, under the following two conditions:
- They may not use their full name, but only their first name, on air, and
- They may not say anything at all about the upcoming LSB elections.
In general, calling in to appear on talk shows is something that all individuals in the listening audience have equal access to and ability to do. Therefore, a candidate who calls in a show is not thereby automatically receiving an unfair advantage.
The scenario in which their call could become unfair is only when their name and candidacy is stated on air. In order to prevent this from happening, candidates may not refer either to their full name (which could then be recognized by a listener when reading the ballot) or their candidacy or any other reference to the election.
So long as a candidate does not use their name nor speak of the election, it can be presumed that only a very tiny portion of the listening audience – their personal acquaintances – will know who they are. These acquaintances can be presumed to have other means of evaluating their candidacy beside what they hear on the air.
While this memo permits candidates to appear on call in shows, the National Election Supervisor reminds candidates that a slip on air can be expected to lead to severe penalties, including loss of air time for their cart to be played on air (for a first offense) and disqualification (for a subsequent offense). It is therefore advisable for a candidate to refrain from calling in and appearing on air during the election period.
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