Current through Register Vol. 63, No. 3, March 1, 2024
(1) The purpose of this rule is to establish
procedures for reporting the contribution of poll results, the allocation of
polling expenses, the valuation of poll results, and the reporting of in-kind
contributions of poll results.
(2)
This rule does not apply to:
(a) Individuals
mentioned in a poll who are not candidates; and
(b) Polls conducted internally by a campaign
or entity that are not contributed.
(3) For purposes of this rule and, except
where otherwise defined:
(a) "Committee"
refers to all candidates/candidate committees, measure committees, political
party committees, miscellaneous committees, petition committees or an agent of
a committee.
(b) "Contributor"
means a purchaser of a poll or agent who gives the poll results to one or more
nonpurchaser candidates or non-purchaser committees.
(c) "Date of purchase" means the date that a
person pays for a poll.
(d)
"Person" includes an agent of the person.
(e) "Poll:"
(A) Means a questioning of selected
participants regarding one or more candidates or issues that comprises one or
more questions, whether the questioning is commissioned or conducted by
volunteers; and
(B) Includes a
sample of participants that is a self-contained subset of all participants
under paragraph (A) of this subsection.
(f) "Purchaser" means a person or committee
that requests or otherwise commissions and pays for a poll.
(g) "Receipt" means in the custody of a
candidate or committee. Examples of custody include but are not limited to
physical or electronic possession or possession by means of telephonic, email
or facsimile communication.
(h)
"Results" means the raw data of a poll or any compiled conclusions and analysis
supported by the raw data.
(4) The purchase of the results of a poll by
a committee is an expenditure by the committee.
(5) The acceptance of the results of a poll
that have a value under section 9 of this rule by a committee is an in-kind
contribution by the contributor and an in-kind expenditure in the amount
determined under sections 8 and 9 of this rule and must be reported by:
(a) The recipient committee; and
(b) If the contributor is required to file
statements of contributions received and expenditures made under ORS
260.057,
260.076,
260.112 or
260.118, the
contributor.
(6) A
committee accepts the results of a poll if the committee:
(a) Requests the poll results; or
(b) Obtains the poll results from the
contributor.
(7) A
contributor of poll results shall retain records for two years sufficient to
support the valuation of poll results and any allocation of poll
costs.
(8) The contributor of a
poll shall determine:
(a) The percentage of
the poll's overall cost to be allocated to each of the committees directly or
indirectly affected by the poll (Divide the number of questions in the sample
received by a committee by the total number of questions asked in the sample);
and
(b) The base amount of in-kind
contribution to each recipient committee (Multiply the overall cost of the poll
by a particular committee's percentage of the overall cost as calculated under
subsection (a) of this section).
(9) For purposes of valuing poll results
accepted by a committee:
(a) A poll shall have
no value to any recipient committee if the poll is simultaneously released to
each candidate who is running for nomination or election to an office covered
by the poll.
(A) The provisions of this
subsection may be used only if a poll covers more than one candidate.
(B) If any individual files for an office
covered by a contributed poll within 90 days of the poll being valued under
this subsection, the contributor must give the individual the poll results not
later than the 30th day after the date the individual files for the
office.
(b) A poll shall
have no value to any recipient committee if the poll is released (prior to or
simultaneously with delivery to a candidate covered in the poll or any
committee) to:
(A) The newspaper of largest
circulation in the district from which a candidate or candidates are running,
or if the district is statewide, to at least ten of the largest daily
circulation newspapers in the state; and
(B) At least one broadcast media outlet
licensed for commercial operations by the FCC whose primary broadcast coverage
encompasses the district in which a candidate or candidates are
running.
(c) A poll that
is not valued under subsections (a) or (b) of this section shall be valued
according to the valuation schedule provided in this subsection. Except as
provided in subsection (d) of this section, poll results received by a
committee within the following time periods after the last (closing) day that
the purchaser or other entity conducting the poll accepts data from which the
poll results will be compiled (for example, the day the last oral questions are
asked or the day that the purchaser stops accepting mail returns) shall have
the corresponding value to the recipient as an in-kind contribution:
(A) One to 15 days after the closing day, 100
percent of the:
(i) Recipient candidate
committee's base amount of in-kind contribution for a poll calculated under
section 8(b) of this rule;
(ii)
Overall cost of a poll for all other recipient committees.
(B) 16 to 60 days after the closing day, 50
percent of the:
(i) Recipient candidate
committee's base amount of in-kind contribution for a poll calculated under
section 8(b) of this rule; or
(ii)
Overall cost of a poll for all other recipient committees.
(C) Sixty one to 180 days after the closing
day, five percent of the:
(i) Recipient
candidate committee's base amount of in-kind contribution for a poll calculated
under section (8)(b) of this rule; or
(ii) Overall cost of a poll for all other
recipient committees.
(D) More than 180 days after the closing day,
no value to the recipient committee.
(d) Notwithstanding subsection (c) of this
section, a poll conducted and completed more than 180 days prior to the next
election to be held after the poll is conducted and completed shall have no
value to any recipient committee. "Conducted and completed" means that all
questions, in any format, have been asked and further replies are not being
accepted by the purchaser or other entity in charge of gathering data from
which the poll results will be compiled, and that the poll results have been
compiled.
(10) A
committee that has accepted the results of a poll believing that the results
have no value or a particular value is liable for any fees or penalties owed as
a result of having to report the acceptance as a previously unreported or
underreported in-kind contribution and expenditure if the results of the poll
are subsequently determined to have value or a higher value to the
committee.
Stat. Auth.: ORS
246.150 &
260.156
Stats. Implemented: ORS
260.083