Collins Calls for Equal Time

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“It is my understanding that she is not permitted to promote her campaign or subsequent campaign activities on the air without other candidates for Georgia’s 9th congressional district being afforded the ability for equal time”

Ninth District Candidate Rep. Doug Collins (R-Gainesville) took a bold swipe at his opponent Martha Zoller last week. On December 9th, Collins sent a formal letter to Cox Media Group President Doug Franklin, which sources say was received early this week, suggesting Zoller has committed a campaign violation.

In the letter, Collins requests equal time on FM 103.7, the station that airs Zoller’s show. Further, he explains to Franklin that Zoller is an official candidate for Georgia’s Ninth District Congressional seat and has filed a federal campaign committee with the Federal Election Committee (FEC).

“It is my understanding,” he writes, “that she is not permitted to promote her campaign or subsequent campaign activities on the air without other candidates for Georgia’s 9th congressional district being afforded the ability for equal time,” adding, “Mrs. Zoller has discussed her campaign on multiple occasions since filing her campaign committee in early September.”

When asked if the discussions on Zoller’s show went beyond simply discussing the issues, a Collins spokesman told FYN that they did go beyond discussing the issues and on numerous occasions, although he did not cite a specific number of times or occasions.

But, is Zoller in violation of campaign rules? In her interview with FYN, Zoller was candid about her candidate status.

“What the law says is that you’re not a candidate until you qualify,”

she said. According to a Zoller spokesman, qualifying entails filling out paper work, accompanied by a substantial fee, a process that will not take place until May. At this point, the spokesman said that none of the candidates have qualified yet. So, in this sense, none of the candidates are currently legally qualifies candidates. The other part of Collins’ implication, whether Zoller is in violation of campaign rules, is the equal time provision.

According to the Communication Act of 1934, section 315, the equal time provision states,

“If any licensee shall permit any person who is a legally qualified candidate for any public office to use a broadcasting station, he shall afford equal opportunities to all other such candidates for that office in the use of such broadcasting station.”

This means that the candidate must be “a legally qualified candidate.” Peach Pundit’s Todd Rehm cites Broadcasting Lawyer David Oxenford on the matter:

“A legally qualified candidate is one who has fulfilled all of the requirements to run for a particular office. That usually means filing certain papers with state or local election boards, and may, in some cases, require the gathering of signatures on a petition or the payment of a filing fee. Once a potential candidate has done the things necessary to qualify for a place on the ballot, he or she is considered a “legally qualified candidate.”

Zoller Campaign Manager Ryan Mahoney told FYN that Zoller will not file her qualifying papers until May. As such, Zoller is not a legally qualified candidate.
In a press release by the Zoller Campaign yesterday, Mahoney called Collins’ request for equal time a desperate political stunt, noting that a recent Public Opinion Strategies Poll shows Zoller ahead of Collins in Hall County and across the District. Mahoney also emphasized that,

“according to a spokesperson for the Doug Collins Campaign, removing Martha Zoller from the airwaves has always been a part of the campaign’s strategy.”

Collins also sent a copy of the letter to Ninth District Candidate Hunter Bicknell. According to Bicknell Spokesman Mark Pettitt, the Bicknell declines to comment on the matter at this time.

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