Reply #13: One legal definition [View All]

[LuminousX]

As defined by Maine.

Reference Link
1. Push poll defined. For purposes of this section, "push poll" means any paid telephone survey or series of telephone surveys that are similar in nature that reference a candidate or group of candidates other than in a basic preference question, and when:
1. Push poll defined.

A. A list or directory is used, exclusively or in part, to select respondents belonging to a particular subset or combination of subsets of the population, based on demographic or political characteristics such as race, sex, age, ethnicity, party affiliation or like characteristics; <2001, c. 416, §1 (new).>

B. The survey fails to make demographic inquiries on factors such as age, household income or status as a likely voter sufficient to allow for the tabulation of results based on a relevant subset of the population consistent with standard polling industry practices; <2001, c. 416, §1 (new).>

C. The pollster or polling organization does not collect or tabulate survey results; <2001, c. 416, §1 (new).>

D. The survey prefaces a question regarding support for a candidate on the basis of an untrue statement; and <2001, c. 416, §1 (new).>

E. The survey is primarily for the purpose of suppressing or changing the voting position of the call recipient. <2001, c. 416, §1 (new).>

"Push poll" does not include any survey supporting a particular candidate that fails to reference another candidate or candidates other than in a basic preference question.

Reference Link - Campaign Legal Center
Here is some proposed legislation on how the Federal gov't would like it defined.

On January 7, 2003 , U.S. Representative Thomas Petri (R-WI) introduced H.R. 156, the "Push Poll Disclosure Act of 2003." This legislation addresses the phenomenon of "push polling" - campaign communications designed to influence voters' perceptions of candidates under the guise of a standard opinion poll. H.R. 156 requires those who conduct polling by telephone or electronic device which (i) surveys more than 1,200 households, and (ii) asks the respondent to state opinions or views regarding a future election for Federal office to disclose during the interview who is paying the expenses of the poll (as well as make other disclosures).