New Tony Rule Concerning Voter Gifts Leaves Many Confused

At its January 26 meeting, the Tony Administration Committee adopted a new rule limiting the amount of so-called swag Tony voters can receive from award-hungry producers. Ever since then, industry players have debated the details and validity of the policy, with some in favor of it, others against it and many more simply confused about its guidelines. Before Tony season gets into full swing, Broadway.com attempted to get to the bottom of the controversial new ruling.

First, the actual wording: "Without the prior written consent of the Managing Producer, producers may not distribute or cause or permit their agents or other representatives or affiliates to distribute any campaign or promotional materials to voters, other than a souvenir book, a script or an audio cast recording that replicates the on-stage performance of the particular production." So states a section of the new "Campaigning and Promotion" rule, which also includes a section about how members of one production can't badmouth another in "public communication, oral or written." Though much less detailed, the directive is similar to the "Regulations Concerning the Promotion of Films" the Academy of Motion Picture Arts and Sciences created with regard to the Academy Awards.

Many in the theater industry feel that Tony Award campaigning has gotten out of hand in the past few years. Although 2005 Best Musical winner Spamalot got attention thanks to a series of New York Post mentions for sending out a gift bag with a pair of clip-clop coconuts and a killer rabbit hand puppet, the campaign launched by that show is far from the most extravagant in recent seasons. Hairspray, which won the big award in 2003, sent voters specially made lunchboxes complete with collectors cards, buttons, magnets, mirrors, Necco Wafers and, of course, hairspray. Avenue Q, which famously upset Wicked in 2004, spent money wooing voters with a specially designed marketing initiative, featuring a series of ads, theater decorations and a specially created recording entitled "Rod's Dilemma" encouraging people to "Vote Your Heart." One musical producer, who lost a Tony race in recent years, commented to Broadway.com: "It was getting to the point where people were beginning to feel it was just about how much you paid out. The award was becoming expensive and yet cheap."

Then again, others argue, many nominated shows might need to make some noise come award time. "If a show opens early in the season, they need to push more than a show that just opened," one industry veteran stated. "If they have the means to do so, they should be allowed to do so. Otherwise it becomes even more about opening in May."

Many complain that the rule leaves too much unclear. One thing industry personnel do not seem to understand is the approval process in place if a show does want to send something out beyond a souvenir book, script or original cast recording. Is the decision at the sole discretion of the Tony Award Productions Managing Producer, who is currently Elizabeth I. McCann? "She produces shows herself, one [Well] opening this season," a press agent noted. "I don't want her deciding things for my shows. That's just not fair."

Additionally, it is ambiguous just what would be considered campaigning. For Valentine's Day, the team behind the new musical The Drowsy Chaperone sent gifts including wine and chocolate to select marketing and press people, some of which happen to be Tony voters. The distribution was not done as part of any sort of award-season push, but it could be in violation of this new Tony rule.

There is further confusion as to what will happen if one breaks this rule. "Violation of these rules may subject the violator to removal from eligibility to vote and/or to any other penalties as may be imposed by the Tony Awards Administration Committee in its sole discretion," is the exact wording of the "Remedies" rule which comes right after the "Campaigning and Promotion" rule. That means it's basically up to the committee and anything can happen to violators, from a warning to removal of a nomination.

McCann didn't respond to multiple attempts made by Broadway.com for an interview to clarify the ambiguities present in the new rule. Instead, a statement was issued by Tony Awards Productions: "Like many of our peer awards, the Tonys wish to ensure the integrity of the process through which members of the theatrical community are honored. Over the past several years a number of members of our community have expressed concern about the lack of definition surrounding the manner in which productions may communicate with those involved in the voting process. These new rules represent a response to those concerns and are designed to further facilitate a fair and equitable process for all eligible productions." 

Without further explanation from the Tony people, the industry will just have to wait and see how everything works out during the 2006 Tony season. "I'm of two minds," said a producer of one of this year's contenders. "My first instinct is that everybody should be given a fair shake—it should be about what is on the stage and not who is sucking up to whom. On the other hand, our business is all about creating awareness of a show. I think the intention of the new rule is to be fair, but I'm not sure that it is."