SB 196-FN – AS AMENDED BY THE SENATE
04/18/13 1258s
2013 SESSION
03/09
SENATE BILL 196-FN
AN ACT relative to the definition of push-polling.
SPONSORS: Sen. Pierce, Dist 5; Sen. Bradley, Dist 3
COMMITTEE: Public and Municipal Affairs
This bill modifies the definition of push-polling and the identification requirements for a person engaging in push-polling.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
04/18/13 1258s
13-1010 03/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Thirteen
AN ACT relative to the definition of push-polling.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Definitions; Push-Polling. Amend RSA 664:2, XVII(c) to read as follows:
(c) Conducting such calling [in a manner which is likely to be construed by the voter to be a survey or poll to gather statistical data for entities or organizations which are acting independent of any particular political party, candidate, or interest group] as part of a series of like telephone calls that consist of 2,000 connected calls that last less than 2 minutes in presidential, gubernatorial, United States senatorial, or United States congressional elections; or conducting such calling as part of a series of like telephone calls that consist of 500 connected calls that last less than 2 minutes in executive council, state senate, state representative, city, town school district, or village district elections; and
(d) Conducting such calling for purposes other than bona fide survey and opinion research.
2 New Paragraph; Definitions; Bona Fide Survey and Opinion Research. Amend RSA 664:2 by inserting after paragraph XVII the following new paragraph:
XVIII. “Bona fide survey and opinion research” means the collection and analysis of data regarding opinions, needs, awareness, knowledge, views, experiences, and behaviors of a population, through the development and administration of surveys, interviews, focus groups, polls, observation, or other research methodologies, in which no sales, promotional, or marketing efforts are involved, and through which there is no attempt to influence a participant’s attitudes or behavior. Bona fide survey and opinion research includes message testing, which is the study for research purposes of how individuals react to positive or negative information on a candidate, elected public official, or ballot question.
3 Push-Polling; Identification. Amend RSA 664:16-a, I to read as follows:
I. Any person who engages in push-polling, as defined in RSA 664:2, XVII, shall [inform], prior to asking any person contacted a question relating to a candidate:
(a) Inform the person that the telephone call is a “paid political advertisement;” and
(b) Identify the organization making the call and the organization paying for the call; and
(c) Provide a valid, current, publicly-listed telephone number for the organization making the call; and
(d) Identify that the telephone call is being made on behalf of, in support of, or in opposition to a particular candidate or candidates for public office[,] and identify that candidate or candidates by name[, and provide a telephone number from where the push-polling is conducted].
4 Effective Date. This act shall take effect January 1, 2014.
LBAO
13-1010
Amended 04/22/13
Revised 09/06/13
SB 196 FISCAL NOTE
AN ACT relative to the definition of push-polling.
FISCAL IMPACT:
The Department of Justice, Department of State, and Judicial Council state this bill, as amended by the Senate (Amendment #2013-1258s), will have no impact on state, county, or local revenue and expenditures.
METHODOLOGY:
The Department of Justice, Department of State, and Judicial Council state this bill amends the definition of a push-poll based on the length of the call and the number of connected calls. The bill further defines push polling as polls conducted for purposes other than bona fide survey and opinion research. Finally, the bill modifies the identification requirements for someone who engages in push-polling. The three agencies state the bill will have no impact on state, county, or local revenue and expenditures.