Relates to identifying the sources of campaign telephone canvasses or "push polls"

* the misrepresentation of a candidate's background, morality, character, voting record or any other acts by a candidate to a voter; * a poll done by telephone or personal contact from a list of names that is not obtained from a scientifically measurable or random sampling technique; * a poll specifically meant to persuade voters rather than gather a random sample of information; and * a poll which attempts to solicit a voter's opinion on what candidate they will vote for.

This section is also amended to require full disclosure of a "push-poll" including:

* the true identity of the caller; * who commissioned the poll, conducts the poll, paid for the poll; and * if the poll was paid for, or sponsored by, one or more candidates or political committees supporting one or more candidates.

Adds a new paragraph B to subdivision 1 of section 3-106 of the Election Law, codifying section 6201.2 of the rules and regulations of the state Board of Election. This section prohibits a candidate, political party or committee from attempting to promote the success or defeat of a candidate by disclosing the results of a poll, unless they report the following information to the state or local board of election, whichever applies:

* the name of the person, party or organization that contracted or commissioned the poll and paid for it; * the name and address of the organization that conducted the poll; * the total number of people in the polling sample, the geographic area covered by the poll and any special characteristics of the population included in the poll sample; * the exact wording of the questions asked and the sequence of the questions; * the method of polling; * the time period the poll was conducted; * the number of persons in the polls sample, the number contacted who responded to each question and the number of persons who did not

respond, and; * the results of the canvass of poll.

Amends Section 14-106 of the Election Law to require "push-poll" scripts to be filed with state or local board of elections.

Adds a new Section 17-153 of the Election Law making "push-polling" unlawful in any primary, general, special or school board election unless at the beginning of the execution of the poll the person in contact with the voter tells the voter the true name of the sponsor or source of the poll and the name of the candidate(s) or committee on whose behalf the poll is being done. It defines classes of people, organizations and businesses that could be held criminally liable for Participating, initiating, commissioning, or sponsoring an unlawful "push-poll." The section also makes violations of any section of this legislation punishable as a class A misdemeanor.

Justification

So-called "push-polls" are a deceptive campaign tool designed to influence public opinion. A typical "push-poll" uses a phone bank to call thousands of voters with questions that smear or denigrate the opposing candidate. Questions such as "if you knew that candidate A was a drunk (or a womanizer or tax evader or drug user) would you still support him/her" are typical of "push-polls". "Push-polls" are designed to persuade voters to vote against an opposing candidate. They invariably fail to identify the true Source of the questioner, often masquerading as a legitimate survey company.

Legitimate poll, may sometimes use questions to measure the potential impact of different, including negative, campaign messages but they are designed to measure the opinion of an electorate, not persuade. Legitimate polling provides voters with the correct name of the research firm conducting the poll. Legitimate polling only surveys a scientifically drawn small sample of voters. The bipartisan American Association of Political Consultants has condemned the use of "push-polls." This professional association has drawn a distinction between "push-polling" and the legitimate survey research.

"Push-polling" is the latest and most fashionable in a long line of political dirty tricks and has no place in New York State's political process. This legislation is designed to ban the practice of "push-polling" by requiring strict and comprehensive disclosure requirements to voters receiving calls or other contacts and to local board of elections. This legislation also codifies existing New York State Board of Elections regulations requiring the comprehensive disclosure of legitimate polling when the results of that polling are used to influence the outcome of elections.

Legislative history

2011: S.2427 - Elections Committee 2009-10: S.3863 - (Died, 3rd Reading) 2007-08: S.3931 - (Died, Elections)

Fiscal implications

None.

Effective date

This act takes effect the first of December next succeeding the date on which it becomes a law, with provisions.