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Election Day, aka the most fraught, divisive, and anxiety-inducing time of American politics, is almost upon us once again … and Hollywood, as always, tends to offer up the perfect distraction (like this past episode of “SNL”). Then again, I suppose that depends on your definition of “perfect.” In August of 2008, while then-Presidential nominees Barack Obama and John McCain battled it out in a heated race that would go on to define the next decade-plus of global diplomacy and policymaking, “Yellowstone” star Kevin Costner and co-leads Paula Patton and Kelsey Grammer were busy starring in arguably one of the most misguided pieces of political entertainment until Adam McKay decided he was the right person to write and direct 2018’s “Vice.” (Okay, fine, that was a low blow.) “Swing Vote” tells the story of how one random, apolitical citizen (Costner) inexplicably becomes the deciding vote in the entire Presidential election, with both major parties fighting to earn his endorsement. Just the type of feel-good story moviegoers of the time were clearly seeking after, right?
“Swing Vote” came from filmmaker Joshua Michael Stern and writers Jason Richman and Joshua Michael Stern, but is that really where the idea for this comedy actually originated? Not according to as bizarre a lawsuit as you’ll ever see. Soon after “Swing Vote” released in theaters (to disastrous results, mind you, because even 2008 audiences clearly had no taste for more politics in their escapism), one unexpected source accused the creative team of stealing his script without proper attribution or compensation. And get this: That lawsuit was filed by, of all people, a former aide to President George W. Bush. Yeah, seriously.
Setting aside the fact that his best course of action probably would’ve been distancing himself as much as possible from such a high-profile and critically-derided flop (/Film once referred to “Swing Vote” as “one of those mildly entertaining yet entirely forgettable movies that you put on late at night to fall asleep to and then never bother finishing the next day”), this unexpected political battle still stands out as one of the most bizarre historical artifacts of the last few decades.
Swing Vote came under legal fire from a member of the Bush administration
Let’s just say that nobody ought to be surprised that Disney hasn’t been trying to get a “Swing Vote” legacy sequel into production in time for the 2024 Presidential election. For one thing, Costner himself would likely rather pretend that this box office bomb never happened in the first place. For another, I’m not entirely sure that the idea of the electoral college system boiling down to a single voter is a premise that would survive discourse on social media these days. But, most importantly, the Mouse House probably had no taste for reminding people of the lawsuit that only added further salt in the wound in the days after release.
Entertainment Weekly first reported on this incredible turn of events, in which former Bush aide Bradley Blakeman alleged that he was the one who wrote a screenplay for an eerily similar story that he titled “Go November.” According to the lawsuit, he brought his script treatment directly to Kelsey Grammer when the “Frasier” star visited the White House in 2002. Grammer then agreed to produce this film and star as the Republican President hoping to be elected for another term … only to supposedly abscond with this script and steal it from its rightful creator. For his part, Grammer was unconvinced. He stated (via Cracked):
“It seems a shame that someone who was once a member of an administration that touted tort reform as one of its major objectives should be involved in something so frivolous.”
Personally, I’m not sure those responsible for sending thousands of troops to invade Iraq and Afghanistan in a wild goose chase that claimed millions of lives and destabilized entire regions for decades to come would necessarily be above a lawsuit as “frivolous” as this but, you know, different strokes and all.
Kelsey Grammer settled the Swing Vote lawsuit … but for less than what you’d expect
So, how does a fiasco like this ever end up getting resolved in a satisfactory way for all parties involved, you ask? As humorously and anticlimactically as possible, as it turns out. None of the biggest names involved would even so much as comment on the legal proceedings at the time and, ultimately, it would take two long years before this lawsuit came to a close. By then, all claims against the stars and filmmakers were dismissed by a judge … except for one. Apparently, the only defendant who couldn’t escape unscathed was Grammer himself. Perhaps there was some truth to the claim that Blakeman had pitched this concept to the actor all those years before, only for him to turn around and shamelessly steal this idea in a foreshadowing of Donald Trump attempting to steal the 2020 election? (Sorry, was that another cheap shot?)
Well, maybe not quite. In March of 2010, EW followed up on this little saga to report that Grammer was ordered to pay a settlement. The total: a solid 10 bucks. Yup, you read that correctly. The real kicker comes courtesy of Grammer’s lawyer, however. In a statement, attorney Paul Mayersohn sarcastically said:
“[Blakeman] basically got nothing. Lawyers just like to have nominal sums in there for whatever reason. When I was a kid it was $1, but now it’s $10. I guess it’s inflation.”
Some things never change, eh?