Quick LinksWhat Is the Equal-Time Rule? SNL’s Possible Law Violation and History of Political Guest Stars
If you haven’t been paying attention, election season is upon us! The candidates have been all over the media landscape in the last few weeks, pitching their case to the American voters. While the bulk of these appearances have come via traditional interviews and rallies, we have seen politics and pop culture intersect on a few occasions.

The most recent of these came on this weekend’s Saturday Night Live episode, their last show before the election. SNL typically goes all out every four years by bringing in big-name guest stars to play the candidates. Alec Baldwin as Donald Trump, Tina Fey as Sarah Palin, Dana Carvey, Jim Carrey, and Jason Sudeikis as Joe Biden are some of the show’s most famous political guest stars. This season has seen Maya Rudolph reprise her Emmy-winning role as Vice President Kamala Harris, a gig the SNL alum originated during the 2020 election cycle.

However, Rudolph was joined by a very special guest when the real Harris appeared alongside her impression in the show’s cold open. Reactions to Harris’ cameo predictably varied according to viewers’ politics. However, NBC may have actually violated the law by bringing the vice president on. It’s called the equal-time rule, and it mandates that opposing political candidates be given equivalent amounts of media exposure. But when and how is this rule applied, and what did SNL do to invoke viewers’ wrath? Let’s take a look.

What Is the Equal-Time Rule?
The longest-running sketch-comedy/satire show on television, premiering in 1975, Saturday Night Live is a weekly series that features new hosts for each episode, with a core cast of actors and comedians that rotate over time. Episodes feature several skits that are sometimes ad-libbed on the fly, with the hosts engaging in most of them, and also provide musical guest performances that cap off each night. Release Date October 11, 1975 Cast Leslie Jones , Aidy Bryant , Kyle Mooney , Alex Moffat , Kate McKinnon , Beck Bennett , Kenan Thompson , Colin Jost , Mikey Day , Cecily Strong , Michael Che , Pete Davidson , Melissa Villaseñor Seasons 48 Network NBC

So, just what is the equal-time rule? In its most basic form, the equal-time rule states that broadcast stations that allow a major candidate for federal, state, or local office to use their resources must give all other major candidates that same opportunity. The appearance doesn’t have to be related to the candidate’s campaign; the equal-time rule can be triggered if viewers can reasonably identify their face or voice on screen.

While stations should be mindful of who they choose to feature, the burden for filing equal-time requests rests with the candidates, not the broadcast provider. Candidates typically have one week to file a request for an “equal-time” opportunity after a rival’s appearance. The rule doesn’t just concern new appearances either. During Donald Trump’s 2016 run, certain stations did not show films or TV series featuring him to avoid violating the rule.

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Only “major” candidates are eligible for the rule. They must be legally eligible for whichever office they seek and achieve ballot access. Candidates do not need to be given space during the same program or time of day; they only need an equivalent amount of time on the same broadcast station. However, the equal-time rule does not apply to every media appearance. Newscasts, formal interviews, debates, and political conventions are all considered “news” programs and are exempt. The FCC also only covers the broadcast networks, meaning that cable and streaming appearances are not subject to the rule. However, what exactly constitutes “news” can vary. Interestingly, the FCC considers series like Entertainment Tonight and TMZ to be news programs; thus, they are exempt.

SNL’s Possible Law Violation and History of Political Guest Stars

Discussions of the equal-time rule were invoked when Vice President Harris made a cameo appearance on this weekend’s Saturday Night Live. Harris appeared as herself alongside Maya Rudolph’s impression, giving the SNL vet a pep talk. Right away, viewers were quick to point out that NBC seemed to be offering unfair opportunities to one of the two major candidates. This was amplified by FCC commissioner Brendan Carr, who stated that SNL’s last-minute announcement of Harris’ guest spot just hours before the episode aired was an attempt to evade the rule.

He noted that they could have avoided any trouble if other campaigns had been notified in advance of Harris’ appearance. However, other sources said it was not NBC’s responsibility to alert candidates of the VP’s cameo. Instead, it is up to the Trump campaign to request an equal-time appearance. Ironically, Trump himself appeared as a full-fledged SNL host during his first run in 2016.

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SNL did end up notifying the FCC of Harris’ 90-second guest spot after the fact. This move means that all other candidates are now free to request 90 seconds of NBC airtime. However, the agency disagreed with Carr’s assessment, stating they had not received any formal complaints from opposing campaigns after Harris’ spot. In any case, the decision to bring Harris on represented a sharp 180 from Lorne Michaels’ previous statements (via The Hollywood Reporter). The SNL head honcho stated in an October interview that he did not see either Harris or Trump appearing on SNL, specifically due to those equal-time concerns. Despite differing viewpoints on whether the Harris-SNL move was legal, NBC did end up giving Trump equal time. 90 seconds of free campaign ads were aired during NBC’s Sunday coverage of NASCAR and the NFL.

The late-night institution has never been shy about bringing real-life politicians on. Earlier this year, Nikki Haley appeared in a cold opener. No equal-time concerns were raised then, likely because Haley was not considered a serious contender for the presidency. Before that, both Trump and Hillary Clinton showed up prior to the 2016 race. Clinton also cameoed in 2008, as did Barack Obama, John McCain, and Sarah Palin. Presidents Joe Biden, George H.W. Bush, and Gerald Ford have guest starred, but via pre-filmed messages rather than live appearances.

Despite what some may claim, SNL is still very relevant in the public eye. All the concern over equal-time appearances proves that even the show’s detractors understand its ability to impact the upcoming election. This week should tell just how much of that influence proves true. The latest episode of Saturday Night Live is streaming on Peacock.