I had an inquiry from a political campaign regarding the rules governing the conduct of surveys and the broadcast of results.  One of our local television affiliates contracted SurveyUSA to perform a poll of potential voters for a primary in an open congressional seat. There are six candidates for the seat, including five "quality" candidates.  However, SUSA, in conducting the robocall survey, presented respondents with three options:

(1) candidate "a"
(2) candidate "b"
(3) "others".

79% of respondents picked either "1" or "2".  Now, the problem is that internal polling for multiple campaigns (using better pollsters tha SUSA) show a much tighter race and a more even spread of the vote.  One candidate has lawyer telling her/him that this poll, by not presenting all legitimate alternatives and then being broadcast, constitutes a legal violation by the station.  Bad polls are not illegal, and this is a bad poll, but is there a legal issue here?

_____________________________
Ronald Keith Gaddie
Professor of Political Science
The University of Oklahoma
455 West Lindsey Street, Room 222
Norman, OK  73019-2001
Phone 405-325-4989
Fax 405-325-0718
E-mail: rkgaddie@ou.edu
http://faculty-staff.ou.edu/G/Ronald.K.Gaddie-1