Campaign Law Trifled, Giving Pundit an Edge : Media: Bill Press declares to the state that he is seeking a specific office, but keeps his TV slot on grounds he hasn’t decided. So much for the rules?

Because Bill Press is a candidate for the post of state insurance commissioner, he should not be a political commentator for KABC television or radio.

Press, who was criticized for the same reasons in connection with his runs for the U.S. Senate in 1986 and 1988, argues that he is not yet a candidate, that he is only exploring the race; he says that he will step down from KABC if and when he actually decides to run.

Press’ position that he has not yet decided whether to run is not what he declared in a document filed last April with the Fair Political Practices Commission so that he could start raising money for his campaign. That document is clear evidence that he is a candidate, and he should resign or be fired by KABC.

The rules have changed since Press last faced the issue. In 1988, California voters passed Proposition 73, which enacted new restrictions on candidates. New statutes provide that, before soliciting or accepting any contribution, “an individual who intends to be a candidate for an elective office shall file with the commission a statement signed under penalty of perjury of intention to be a candidate for a specific office.” Further, all funds that are raised must be deposited into one bank account and are “to be held in trust for expenses associated with the election of the candidate to the specific office for which the candidate has stated . . . that he or she intends to seek.”

The FPPC has prepared a “candidate intention” form that is to be utilized to comply with these new requirements. The simple form requires the filer to list the “specific office sought” and the date of the election; it does not ask for the “specific office being considered or explored.” Lest there be any confusion, the attached instructions state that the filer is to “Enter the title of the office you are seeking in the ‘Specific Office’ blank (e.g., Member of the Senate, Board Member, Councilmember).” At the bottom, just above the signature line, is the statement “I certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct.”

Press filled out and signed that form; under the “specific office sought” section, he listed “insurance commissioner.”

As a political pundit for KABC, Press must know that filing the declaration is not merely a ministerial requirement. Along with contribution limitations, the requirement that a candidate declare the office he or she is seeking before he or she raises the first dollar is one of the biggest and most important substantive changes imposed by Proposition 73.

There are other reasons why Press should step down from broadcasting. Although he is a commentator, not a reporter, his part in the evening news program suggests that he is a journalist. And journalists are expected to be impartial and objective. Press, however, cannot be impartial when what he says on the air could so easily inure to his political advantage.

Press’ free air time constitutes an unfair advantage. In this day of television politics, it is a tremendous benefit to have one’s face or voice on the air in virtually any context short of scandal. To be heralded as a political specialist--indeed, to be paid to do it--is a dream come true.

The declaration is not the only evidence that he is a candidate. He has compiled an endorsement list that looks like the phone book for a mid-size city. He claims to have raised in excess of $300,000. He regularly appears in candidate forums and participates in candidate debates. Only when discussing the issue of whether he can stay on the air does Press equivocate.

I’ll admit, Bill Press is not my choice for insurance commissioner; I support another candidate. But that has nothing to do with the issues here, which are compliance with the law, political and journalistic ethics, and fairness.

Press must step down from KABC, or the station must solve his dilemma by sending him kicking and screaming into the race.