Boy, that would be a dangerous ruling, indeed. I would hope no one on
this list seriously thinks that would be a good result, but I'll bet
many do. If they don't like that theory, it might be very helpful to
nipping this in the bud if some of the advocates from the pro-regulatory
groups would give us their take.
Bradley A. Smith
Professor of Law
Capital University Law School
Columbus, Ohio
-----Original Message-----
From: owner-election-law_gl@majordomo.lls.edu
[mailto:owner-election-law_gl@majordomo.lls.edu] On Behalf Of
richard@shepardlawoffice.com
Sent: Thursday, June 08, 2006 1:10 PM
To: rkgaddie@ou.edu; election-law@majordomo.lls.edu
Subject: RE: Query: Rules Governing TV Surveys
I think the poll may represent an over limit campaign contribution to
candidates "a" and "b", particularly if the TV station broadcasts the
results as a verity.
Richard Shepard, Attorney at Law
Shepard Law Office, Inc.
818 S. Yakima Ave., #200
Tacoma, WA 98405
253-383-2235
-----Original Message-----
From: owner-election-law_gl@majordomo.lls.edu
[mailto:owner-election-law_gl@majordomo.lls.edu]On Behalf Of
rkgaddie@ou.edu
Sent: Thursday, June 08, 2006 5:18 AM
To: election-law@majordomo.lls.edu
Subject: Query: Rules Governing TV Surveys
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