Alabama Democratic Party

Jackson told The Times Tuesday night he had been informed by Chapman's office that unauthorized use of the seal was not allowed and he conceded that he should not have used it.

However, he defended the fake press release - purported to have been issued by "Marion S. Barber, secretary of the Office of Electoral Elections" - as "parody" and said it is "absurd" to think that anyone would take it seriously.

When U.S. Sen. Jeff Sessions, R-Mobile, was attorney general in 1995, his office issued an advisory opinion that says using the official state seal or an image or facsimile of it to further trade or business violates state law. A conviction could bring a prison term of up to 10 years.

Bence said an attorney in King's office would review the material and the incident, and decide whether it should be turned over to the investigative unit. It could ultimately be presented to a grand jury, he said.

"They'll have to look into it, and they'll come up with a ruling," Jackson said when informed of the investigation. He declined further comment.

Chapman said although Jackson dismissed the incident as a prank, the Department of Justice would not take it as a joke.

"Even if it was a considered joke, if it suppressed voter turnout I can assure that the U.S. Justice Department will take it seriously, as they should," she said.

Chapman said her office has no prosecutorial powers, but as soon as she learned of the incident her staff began notifying both parties, canvassing boards, the candidates and the media.

"No one appreciates humor any more than I do, but if it is to confuse voters, that's something we have a legal and moral obligation to do something about," she said. "My understanding is that we will have an investigation."

Meanwhile, Joe Turnham of Auburn, chairman of the Alabama Democratic Party, said his office is drafting a letter to the Department of Justice with copies to the Civil Rights Division.

Turnham said the party would also contact the Federal Communications Commission, which regulates radio, television, wire, satellite and cable services.

"The management and owners of that station need to be held accountable," he said. "There was a multiple, orchestrated attack on Laura Hall that reached beyond the First Amendment. I think it went over the line."

Turnham said there is "anecdotal evidence" that fliers of the Web posting were handed out around some polling centers, adding, "We're trying to track that down."

Mike Hubbard, R-Auburn, chairman of the Alabama Republican Party, called Jackson's stunt "idiotic," but added, "Anybody with any sense ought to be smart enough to know it was a hoax."

Hubbard said he didn't think it had any effect on the outcome of the election, adding, "I don't think you prosecute a guy for being dumb."