165-012-0050 Contribution of Polls, Allocation of Polling Expenses (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. Statutory/Other Authority: ORS 246.150 & 260.156 Statutes/Other Implemented: ORS 260.083 History: ELECT 28-2009, f. & cert. ef. 12-31-09 ELECT 15-2006, f. & cert. ef. 12-29-06 ELECT 19-2003, f. & cert. ef. 12-5-03 ELECT 5-1997, f. & cert. ef. 3-24-97 ELECT 2-1996, f. & cert. ef. 1-3-96 SD 24-1986, f. & ef. 8-1-86