PRIOR PRINTER'S NO. 2208 PRINTER'S NO. 2595
No. 1743 Session of 2001
INTRODUCED BY NAILOR, M. BAKER, BARD, BUNT, CALTAGIRONE, CLARK,
L. I. COHEN, CORRIGAN, CREIGHTON, DeLUCA, DIVEN, FAIRCHILD,
FRANKEL, FREEMAN, GABIG, GEIST, GEORGE, GRUCELA, HALUSKA,
HARHAI, HENNESSEY, HERSHEY, HUTCHINSON, LEDERER, LEVDANSKY,
MACKERETH, MARSICO, McCALL, MELIO, R. MILLER, ROHRER, RUBLEY,
SATHER, SAYLOR, SCHRODER, STEELMAN, SURRA, E. Z. TAYLOR,
J. TAYLOR, TIGUE, VANCE, VITALI, WATSON, WILT, WOGAN, STAIRS
AND WATERS, JUNE 13, 2001
AS REPORTED FROM COMMITTEE ON STATE GOVERNMENT, HOUSE OF
REPRESENTATIVES, AS AMENDED, OCTOBER 2, 2001
AN ACT
1 Amending the act of June 3, 1937 (P.L.1333, No.320), entitled
2 "An act concerning elections, including general, municipal,
3 special and primary elections, the nomination of candidates,
4 primary and election expenses and election contests; creating
5 and defining membership of county boards of elections;
6 imposing duties upon the Secretary of the Commonwealth,
7 courts, county boards of elections, county commissioners;
8 imposing penalties for violation of the act, and codifying,
9 revising and consolidating the laws relating thereto; and
10 repealing certain acts and parts of acts relating to
11 elections," providing for persuasive polls.
12 The General Assembly of the Commonwealth of Pennsylvania
13 hereby enacts as follows:
14 Section 1. Section 1621 of the act of June 3, 1937
15 (P.L.1333, No.320), known as the Pennsylvania Election Code, is
16 amended by adding a subsection to read:
17 Section 1621. Definitions.--As used in this article, the
18 following words have the following meanings:
19 * * *
1 (n) The words "persuasive poll" shall mean the canvassing of
2 persons, by means other than an established method of scientific
3 survey research techniques, by asking questions or offering
4 information concerning a candidate which is designed to provide
5 information that is negative or derogatory about the candidate
6 or officeholder, the purpose of which is to disseminate
7 misinformation, not to measure public opinion. The term does not
8 include a poll that is conducted only to measure the public's
9 opinion about or reaction to an issue, fact or theme but does
10 include any telemarketing technique used to canvass potential
11 voters, providing them with false or misleading information <--
12 about a candidate or officeholder under the pretense of
13 measuring public opinion.
14 Section 2. The act is amended by adding a section to read:
15 Section 1638.1. Persuasive Polls.--
16 (a) If a person or organization requests or compensates a
17 person or business entity to:
18 (1) conduct or cause to be conducted a persuasive poll by
19 telephone concerning a candidate or officeholder; or
20 (2) produce automated or computerized messages by telephone
21 to conduct a persuasive poll concerning a candidate or
22 officeholder,
23 the caller shall at the end BEGINNING of the poll disclose the <--
24 name of the person or organization requesting or compensating
25 the caller for the poll.
26 (b) Telephone calls made under subsection (a) shall be
27 reported in accordance with section 1626. ANY WILFULLY FALSE, <--
28 FRAUDULENT OR MISLEADING STATEMENT REPORTED IN VIOLATION OF
29 SECTION 1626 SHALL CONSTITUTE THE CRIME OF PERJURY AND BE
30 PUNISHABLE AS SUCH ACCORDING TO THE LAWS OF THIS COMMONWEALTH.
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1 (c) No telephone call used to conduct a persuasive poll
2 shall state or imply that the caller represents a nonexistent
3 person or organization.
4 (d) No telephone call used to conduct a persuasive poll
5 shall state or imply that the caller represents any person or
6 organization unless the person or organization so represented
7 has given specific approval in writing to make such
8 representation.
9 (e) No persuasive poll shall contain any wilfully false OR <--
10 fraudulent or misleading statement or question. <--
11 (f) Any wilfully false, fraudulent or misleading statement <--
12 made in violation of this section shall constitute the crime of
13 perjury, and be punishable as such according to the laws of this
14 Commonwealth.
15 Section 3. This act shall take effect in 60 days.
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