An Act To Further Restrict Push Polling
Maine Legislature, Session 125, LD 1254
Committee: Veterans and Legal Affairs
Sponsors: HILL, CAREY, BARTLETT, PATRICK
Amends: 21-A MRSA §1014-B

Legislative Document 
No. 1254 
S.P. 375 
In Senate, March 22, 2011 
An Act To Further Restrict Push Polling 
Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed. 
JOSEPH G. CARLETON, JR. 
Secretary of the Senate 
Presented by Senator HILL of York. 
Cosponsored by Representative CAREY of Lewiston and 
Senators: BARTLETT of Cumberland, PATRICK of Oxford. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  21-A MRSA §1014-B, sub-§1, ¶B, as enacted by PL 2001, c. 416, §1, is 
repealed. 
Sec. 2.  21-A MRSA §1014-B, sub-§1, ¶C, as enacted by PL 2001, c. 416, §1, is 
amended to read: 
C.  The pollster or polling organization does not collect or tabulate significant survey 
results, as determined by the commission; 
Sec. 3.  21-A MRSA §1014-B, sub-§2, as amended by PL 2003, c. 448, §1, is 
further amended to read: 
2.  Push polls; political telephone solicitations; requirements.  Push polling must 
be conducted in accordance with this subsection. 
A.  A person may not authorize, commission, conduct or administer a push poll by 
telephone or telephonic device unless, during each call, the caller identifies the 
person or organization sponsoring or authorizing the call by stating "This is a paid 
political advertisement by (name of persons or organizations)," and identifies the 
organization making the call, if different from the sponsor, by stating "This call is 
conducted by (name of organization)." 
B.  If any person identified as either sponsoring or authorizing the call is not required 
to file any document with election officials pursuant to this Title, a valid, current, 
publicly listed telephone number and address for the person or organization must be 
disclosed during each call. 
C.  If any person sponsoring or authorizing the call is affiliated with a candidate, the 
candidate's name and the office sought by that candidate must be disclosed during 
each call. 
D.  If the call is an independent expenditure, as defined in section 1019-B, that a 
candidate has not approved the call must be disclosed during each call. 
It is not a violation of this subsection if the respondent voluntarily terminates the call or 
asks to be called back before the required disclosures are made, unless the respondent is 
in any way encouraged to do so by the person initiating the call. 
A person may not state or imply false or fictitious names or telephone numbers when 
providing the disclosures required under this subsection. 
All oral disclosures required by this subsection must be made in a clear and intelligible 
manner and must be repeated in that fashion upon request of the call respondent.  
Disclosures made by any telephonic device must offer respondents a procedure to have 
the disclosures repeated. 
This subsection does not apply to a push poll or political telephone solicitation or contact 
if the individuals participating in the call know each other prior to the call. 
A person who violates this subsection may be assessed a forfeiture of $500 up to $10,000 
by the commission. 
Sec. 4.  21-A MRSA §1014-B, sub-§3, ¶D, as enacted by PL 2001, c. 416, §1, is 
amended to read: 
D.  A person who violates this subsection may be assessed a forfeiture of $500 up to 
$10,000 by the commission. 
SUMMARY 
This bill amends the laws restricting push polling by: 
1.  Exempting an organization that collects or tabulates significant survey results, as 
determined by the Commission on Governmental Ethics and Election Practices; and 
2.  Increasing the fine that may be imposed for a violation of push polling 
requirements or failing to register as a person conducting push polling from $500 to an 
amount up to $10,000, which gives the commission some discretion when imposing a 
fine.