Peter MacNicol, Emmy-nominated last week for Outstanding Guest Actor in a Comedy for playing a fabulously foul-mouthed political campaign strategist on HBO’s Veep, has been disqualified in the category. The TV Academy said today that upon further review, MacNicol appeared in five of the 10 episodes of the comedy’s eligible Season 5, while Emmy rules say only performers appearing in fewer than 50% of the eligible episodes are able to submit in the guest category.

The Emmy math means MacNicol is out in a category that includes Tracy Morgan and Larry David — both for hosting Saturday Night Live — Bob Newhart for The Big Bang Theory, Bradley Whitford for Transparent and MacNicol’s fellow Veep guest star Martin Mull. His spot will be replaced, the TV Academy said in part of its statement:

“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.”

The 68th Primetime Emmys are September 18 on ABC.