2022 Governor’s Debate Timeline
Arizona PBS has a broadcast license, held by Arizona State University, from the Federal Communications Commission (FCC) to operate a television station in Arizona. Arizona PBS is subject to the independent regulatory authority and rulemaking of the FCC which creates legally binding rights and obligations for the agency and the public.
In 2022, Arizona PBS was selected as a contractor for Arizona's Citizens Clean Elections Commission, a nonpartisan voter education agency, to broadcast and host a series of debates for that year’s election cycle. Factors involved in debate plans for the Governor’s election revealed a conflict in the station’s obligations to its FCC license and the Citizens Clean Elections Commission's rules regarding public debates.
Arizona PBS took action to follow the terms of the station’s license with the FCC and serve the goals of the Commission by offering each candidate an opportunity for an independent broadcast interview.
Here is the timeline of these events.
Timeline of events
2022
Arizona PBS was selected as a contractor for the Citizens Clean Elections Commission, a nonpartisan voter education agency, to broadcast and host a series of debates for that year’s election cycle.
August 17, 2022
Citizens Clean Elections Commission announces debate schedule. Arizona PBS to serve as broadcast and production resource.
Arizona PBS
Citizens Clean Elections Commission/Candidates
Early September, 2022
ASU and Arizona PBS inquire about what will happen if only one candidate participates in CEC-sponsored “debate”. Arizona PBS staff relate that the commission uses an interview format in such cases. In response to questions about how this CEC practice aligns with FCC broadcast license requirements, a PBS staff member provides inaccurate information.
September 1, 2022
Kari Lake and Katie Hobbs are unable to agree on a debate format. Efforts are made to convince them to agree so the debate can move forward.
September 2022
Katie Hobbs requests individual interview.
September 8, 2022
CCEC votes to decline Hobbs’ request for Town Hall style interview.
Citizens Clean Elections Rules state
In the event that a participating candidate is opposed in the primary election or general election but is the only candidate taking part in a primary election period or general election period debate, as applicable, the debate will be held and will consist of a 30-minute question and answer session for the single participating candidate. If more than one candidate takes part in the debate, regardless of participation status, the debate will be held in accordance with the procedures established by the Commission staff
September 11, 2022
ASU president emails the managing director of ASU Media Enterprise requesting structure and format for equal opportunity.
September 11, 2022
Katie Hobbs officially declines Citizens Clean Elections Commission debate invitation.
September 21-29, 2022
Arizona PBS leadership and ASU Media Enterprise leadership seek counsel on and discuss the potential impact of conflicts between Citizens Clean Election Commission rules governed by the state of Arizona and FCC regulations administered by the federal government.
FCC rules governing Arizona PBS seek to ensure that no legally qualified candidate for office is unfairly given less access to the airwaves than their opponents.
Specifically, when a candidate appears in a “non-exempt” radio or television program, that appearance will trigger a “right” for each of that candidate’s opponents to demand an appearance of the station for the same amount of time, reaching a comparable audience. Moreover, the opposing candidate can use their time in any way as they see fit, and the station cannot modify or censor the content of that appearance in any way.
However, candidate appearances during so-called “exempt” programs, such as bona fide newscasts, regularly scheduled news interview programs, or on-the-spot coverage of bona fide news events (including candidate debates), do not trigger an equal opportunity right. A candidate debate can only qualify as an “exempt” program, though, if (1) candidate participation is based on pre-established, objective, and viewpoint-neutral criteria and (2) there are at least two candidates participating in the debate (i.e., if only one candidate is participating, it is, by definition, not a “debate”).
October 2022
To comply with FCC rules, Arizona PBS reaches out to both candidates offering individual interviews on Horizon.
October 4, 2022
Arizona PBS sends invitation to Katie Hobbs for a 30-minute interview and states that "Kari Lake will have her own separate half-hour segment . . . and the order of presentation will be chosen at random."
October 12, 2022
CCEC releases the following statement: “The Commission’s commitment and obligation under state law is to produce unbiased, fair opportunities for candidates to speak to voters. We intend to make good on that commitment and our commitment to a transparent decision-making process.”
October 14, 2022
ASU legal counsel sends letter to Kari Lake’s attorney regarding Arizona PBS offer to 30-minute interview and broadcast opportunity.
October 18, 2022
Hobbs tapes individual interview with Arizona PBS.
October 23, 2022
Lake tapes individual interview with Mike Broomhead, KTAR.
October 28, 2022
Arizona PBS prepares and distribute a news show with excerpts of both the Hobbs and Lake interviews, along with information about voting mechanics.
Fall 2024
Arizona PBS invites both Kari Lake and Ruben Gallego to debate during the Arizona Senate election. Gallego declines, so Arizona PBS invites both of them to interview on Horizon. Lake accepts and is interviewed by Ted Simons.
Summary
The events of September and October 2022 revealed an inherent tension between the Citizens Clean Elections Commission’s proposed single candidate debate and Arizona PBS’s obligations as a federally licensed broadcaster. As a result of these events, Arizona PBS reevaluated its agreement with the Citizens Clean Elections Commission. That agreement has not been renewed, nor would Arizona PBS be in a position to renew it without resolving the conflict between the Commission’s rules and the FCC’s equal time rules.
Host participants
Video
Election 2022: Drama unfolds over Katie Hobbs interview
2022 Election: Lake won't take part in anything involving PBS amid governor's debate debacle
Katie Hobbs, Arizona's Democratic gubernatorial candidate, declines to debate opponent
