I

104TH CONGRESS

2D SESSION H. R. 4183

To amend the Federal Election Campaign Act of 1971 to require the disclosure of the identity of persons paying the expenses associated with

polls conducted by telephone during campaigns for election for Federal

office, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 25, 1996

Mrs. SMITH of Washington introduced the following bill; which was referred

to the Committee on House Oversight, and in addition to the Committee

on the Judiciary, for a period to be subsequently determined by the

Speaker, in each case for consideration of such provisions as fall within

the jurisdiction of the committee concerned

A BILL

To amend the Federal Election Campaign Act of 1971 to

require the disclosure of the identity of persons paying

the expenses associated with polls conducted by telephone

during campaigns for election for Federal office, and

for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Truth in Polling Act’’.
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1 SEC. 2. REQUIREMENTS UNDER FEDERAL ELECTION CAM2 PAIGN ACT OF 1971.

3 (a) REQUIRING DISCLOSURE OF SPONSORS OF

4 POLLS CONDUCTED BY TELEPHONE.—Title III of the

5 Federal Election Campaign Act of 1971 (2 U.S.C. 431

6 et seq.) is amended by adding at the end the following

7 new section:

8 ‘‘REQUIRING DISCLOSURE OF SPONSORS OF POLLS

9 CONDUCTED BY TELEPHONE

10 ‘‘SEC. 323. Any person who conducts a poll by tele11 phone or electronic means to interview individuals on opin12 ions relating to any election for Federal office shall dis13 close to each respondent to the poll the identity of the

14 person paying the expenses associated with the poll after

15 the respondent has completed the interview.’’.

16 (b) REQUIRING CAMPAIGN COMMITTEES TO REPORT

17 SCRIPTS OF PUBLIC TELEPHONE CALLS.—Section 304(b)

18 of such Act (2 U.S.C. 434(b)) is amended—

19 (1) by striking ‘‘and’’ at the end of paragraph

20 (7);

21 (2) by striking the period at the end of para22 graph (8) and inserting ‘‘; and’’; and

23 (3) by adding at the end the following new

24 paragraph:

25 ‘‘(9) for any political committee using mass

26 telemarketing operations for conducting polls of the
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1 general public with respect to an election for Federal

2 office during the reporting period, any prepared text

3 used during such operations.’’.

4 SEC. 3. CRIMINAL PENALTIES FOR MISREPRESENTATION

5 BY POLLSTERS.

6 (a) IN GENERAL.—Chapter 47 of title 18, United

7 States Code, is amended by adding at the end the follow8 ing:

9 ‘‘§ 1035. Misrepresentation by pollsters

10 ‘‘Whoever contacts an individual by telephone to ex11 press support of or opposition to a candidate in an election

12 for Federal office and communicates to that individual

13 that the caller is making such contact as a representative

14 of another person unless the other person has given spe15 cific approval in writing to the caller shall be fined under

16 this title or imprisoned for not more than 1 year, or

17 both.’’.

18 (b) CLERICAL AMENDMENT.—The table of sections

19 at the beginning of chapter 47 of title 18, United States

20 Code, is amended by adding at the end the following:

‘‘1035. Misrepresentation by pollsters.’’.

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