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