Emmys: TV Academy disqualifies 'Veep' acting nominee (Exclusive)

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2016 Emmy Nominations and Shocking Snubs

The veteran character actor Peter MacNicol, who earlier this month received an Emmy nomination for outstanding guest actor in a comedy series for his portrayal of Jonah's politically influential uncle on HBO's Veep, has had his nomination rescinded by the Academy of Television and Arts and Sciences, The Hollywood Reporter has learned.

A replacement nominee — the person who initially garnered the most votes without receiving a nomination — will be named imminently.

TV Academy rules stipulate that, in order to be considered in any of the four guest acting categories, a performer must have appeared in "less than 50 percent" of a season's episodes. But MacNicol, 62, appeared in five of the 10 episodes of Veep's fifth season, a fact acknowledged on his IMDb page and first brought to the attention of the TV Academy by GoldDerby.com.

According to the Academy rules, "Correct entry information is the responsibility of the entrant. Ineligible entries will be disqualified at any stage of the competition."

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In this image released by HBO, Lena Headey appears in a scene from "Game of Thrones." âGame of Thronesâ and âVeepâ are among the top contenders for the 68th prime-time Emmy Award nominations. The shows claimed the top drama and comedy series prizes at last yearâs Emmy ceremony. (HBO via AP)
In this image released by HBO, Tony Hale, left, and Julia Louis-Dreyfus appear in a scene from the comedy series, "Veep." âGame of Thronesâ and âVeepâ are among the top contenders for the 68th prime-time Emmy Award nominations. The shows claimed the top drama and comedy series prizes at last yearâs Emmy ceremony. (Lacey Terrell/HBO via AP)
In this image released by HBO, Peter Dinklage appears in a scene from "Game of Thrones." On Thursday, July 14, 2016, Dinklage was nominated for outstanding supporting actor in a drama series for his role as Tyrion Lannister. The 68th Primetime Emmy Awards will be broadcast live on ABC beginning at 8 p.m. ET on ABC. (Helen Sloan/HBO via AP)
In this image released by HBO, Tony Hale appears in a scene from "Veep." On Thursday, July 14, 2016, Hale was nominated for outstanding supporting actor in a comedy for his role as Gary Walsh The 68th Primetime Emmy Awards will be broadcast live on ABC beginning at 8 p.m. ET on ABC. (Lacey Terrell/HBO via AP)
In this image released by HBO Kerry Washington appears in a scene from, "Confirmation." On Thursday, July 14, 2016, Washington was nominated for outstanding actress in a limited series or movie for her portrayal of Anita Hill. The 68th Primetime Emmy Awards will be broadcast live on ABC beginning at 8 p.m. ET on ABC. (Frank Masi/HBO via AP)
In this image released by HBO, Bryan Cranston appears in a scene from, "All the Way." The film was nominated for outstanding TV movie on Thursday, July 14, 2016. Cranston was also nominated for outstanding actor in limited series or movie. The 68th Primetime Emmy Awards will be broadcast live on ABC beginning at 8 p.m. ET on ABC. (Hilary Bronwyn Gayle/HBO via AP)
In this image released by HBO, Matt Walsh appears in a scene from, "Veep." On Thursday, July 14, 2016, Walsh was nominated for outstanding supporting actor in a comedy for his role as Mike McLintock. The 68th Primetime Emmy Awards will be broadcast live on ABC beginning at 8 p.m. ET on ABC. (Lacey Terrell/HBO via AP)
In this image released by HBO, Alex Borstein, left, and Laurie Metcalf appear in a scene from, "Getting On." On Thursday, July 14, 2016, Metcalf was nominated for outstanding actress in a comedy for her role. The 68th Primetime Emmy Awards will be broadcast live on ABC beginning at 8 p.m. ET on ABC.(Lacey Terrell/HBO via AP)
In this image released by HBO, Julia Louis-Dreyfus appears in a scene from the comedy series, "Veep." âGame of Thronesâ and âVeepâ are among the top contenders for the 68th prime-time Emmy Award nominations. The shows claimed the top drama and comedy series prizes at last yearâs Emmy ceremony. (Lacey Terrell/HBO via AP)
In this image released by HBO, Beyonce appears in a scene from her special, "Lemonade." Beyoncéâs âLemonade,â her album that was accompanied with an HBO special featuring music videos for each track, earned nominations for outstanding variety special and outstanding directing for a variety special, which she shares with co-director Khalil Joseph. (Parkwood Entertainment/HBO via AP)
In this image released by HBO, from left, Kumail Nanjiani, seated, T.J. Miller, Thomas Middleditch, seated, Zach Woods and Martin Starr appear in a scene from the comedy, "Silicon Valley." The program was nominated for outstanding comedy series on Thursday, July 14, 2016. Middleditch also received a nomination for best actor in a comedy series. The 68th Primetime Emmy Awards will be broadcast live on ABC beginning at 8 p.m. ET on ABC (John P. Johnson/HBO via AP)
In this image released by Amazon, Judith Light, left, and Jeffrey Tambor appear in a scene from, "Transparent." The program was nominated for outstanding comedy series on Thursday, July 14, 2016. Tambor was also nominated for best actor in a comedy series. The 68th Primetime Emmy Awards will be broadcast live on ABC beginning at 8 p.m. ET on ABC. (Jennifer Clasen/Amazon via AP)
In this image released by Netflix, Ellie Kemper appears in a scene from "Unbreakable Kimmy Schmidt." The program was nominated for outstanding comedy series on Thursday, July 14, 2016. Kemper was also nominated for outstanding actress in a comedy for her role. The 68th Primetime Emmy Awards will be broadcast live on ABC beginning at 8 p.m. ET on ABC. (Eric Liebowitz/Netflix via AP)
In this image released by Netflix, Tituss Burgess, left, and Ellie Kemper appear in a scene from "Unbreakable Kimmy Schmidt." On Thursday, July 14, 2016, Burgess was nominated for outstanding supporting actor in a comedy for his role in the series.Kemper also received a nomination for outstanding actress and their show was nominated for outstanding comedy. The 68th Primetime Emmy Awards will be broadcast live on ABC beginning at 8 p.m. ET on ABC. (Eric Liebowitz/Netflix via AP)
In this image released by FX, Keri Russell appears in a scene from "The Americans." The program was nominated for outstanding drama series on Thursday, July 14, 2016. Russell was also nominated for outstanding actress in a drama series. The 68th Primetime Emmy Awards will be broadcast live on ABC beginning at 8 p.m. ET on ABC. (Ali Goldstein/FX via AP)
In this image released by FX, Courtney B. Vance portrays Johnnie Cochran in a scene from "The People v. O.J. Simpson: American Crime Story." On Thursday, July 14, 2016, Vance was nominated for outstanding actor in a limited series or movie for his role. The 68th Primetime Emmy Awards will be broadcast live on ABC beginning at 8 p.m. ET on ABC. (Prashant Gupta/FX via AP)
In this image released by Fox, Andre Braugher, left, and Stephanie Beatriz appear in a scene from the comedy "Brooklyn Nine Nine." On Thursday, July 14, 2016, Braugher was nominated for outstanding supporting actor in a comedy for his role in the series. The 68th Primetime Emmy Awards will be broadcast live on ABC beginning at 8 p.m. ET on ABC. (John P Fleenor/Fox via AP)
In this image released by FX, Louie Anderson portrays Christine Baskets in a scene from, "Baskets." On Thursday, July 14, 2016, Anderson was nominated for outstanding supporting actor in a comedy for his role in the series. The 68th Primetime Emmy Awards will be broadcast live on ABC beginning at 8 p.m. ET on ABC. (Ben Cohen/FX via AP)
In this image released by FX, Matthew Rhys, left, and Keri Russell appear in a scene from "The Americans." On Thursday, July 14, 2016, Rhys was nominated for outstanding actor in a drama series for his role in the series. The 68th Primetime Emmy Awards will be broadcast live on ABC beginning at 8 p.m. ET on ABC. (Craig Blankenhorn/FX via AP)
In this image released by Fox, Will Forte, left, and and Jason Sudeikis iappear in a scene from "The Last Man On Earth." On Thursday, July 14, 2016, Forte was nominated for outstanding actor in a comedy for his role. The 68th Primetime Emmy Awards will be broadcast live on ABC beginning at 8 p.m. ET on ABC. (Ray Mickshaw/FOX via AP)
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In this image released by Netflix, Robin Wright, left, and Kevin Spacey appears in a scene from "House of Cards." On Thursday, July 14, 2016, Wright was nominated for outstanding actress in a drama series and Spacey was nominated for outstanding actor in a drama series for their roles in the series. The 68th Primetime Emmy Awards will be broadcast live on ABC beginning at 8 p.m. ET on ABC.(David Giesbrecht/Netflix via AP)
In this image released by FX, Sarah Paulson portrays Marcia Clark in a scene from "The People v. O.J. Simpson: American Crime Story." On Thursday, July 14, 2016, Paulson was nominated for outstanding actress in a limited series or movie for her portrayal of Marcia Clark. The 68th Primetime Emmy Awards will be broadcast live on ABC beginning at 8 p.m. ET on ABC. (Byron Cohen /FX via AP)
In this image released by FX, Cuba Gooding, Jr. portrays O.J. Simpson in a scene from, "The People v. O.J. Simpson: American Crime Story." On Thursday, July 14, 2016, Gooding was nominated for outstanding actor in a limited series or movie for his role. The 68th Primetime Emmy Awards will be broadcast live on ABC beginning at 8 p.m. ET on ABC. (Byron Cohen /FX via AP)
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The TV Academy tells THR: "Upon review of the Guest Actor in a Comedy Series category, the Television Academy has determined that Peter MacNicol unfortunately exceeds the number of episodes permissible for inclusion in that category. HBO's guest actor entry for Peter MacNicol was accurate at the time of the submission deadline, but he was subsequently included in an additional Veep episode. Unfortunately, that additional appearance places him in 50% of the season's episodes and makes him no longer eligible to compete in the guest actor category. This decision is in no way a diminishment of Mr. MacNicol's stellar performance on this season of Veep. A new nominee for Guest Actor in a Comedy Series will be announced shortly."

All indications are that the MacNicol situation resulted from an honest mistake. Veep's fifth season, which didn't begin to air until late April and ran through June, was still in production when Emmy submission paperwork had to be turned in to the TV Academy. HBO tells THR, "At the time of the May 2nd entry deadline, the late-airing episodes of Veep and, therefore, their credits, did not yet exist. The information we received from the production was that Peter MacNicol was eligible as a guest star" because he would appear in only four episodes.

In the end, though, MacNicol appeared in a fifth episode — he is seen in roughly 10 seconds of the season's ninth episode, "Kiss Your Sister," which includes "documentary footage" that Selena Meyer's daughter, Catherine, had been seen filming throughout the season. HBO tells THR, "We are very sorry that Peter's brilliant performance will not be recognized."

MacNicol, who is perhaps best known for the 1982 film Sophie's Choice and the 1990s TV series Ally MacBeal (for which he won a best supporting actor in a comedy series Emmy in 2001), is not the first person to receive and then lose a nomination over a rules violation. The same thing happened to Dennis Millerin 1995 and Henry Winklerin 2000.

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