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COMMITTEE REPORT
February 7, 2001
H. 3259
Introduced by Reps. W.D. Smith, Wilkins, Harrison, Harrell, J. Brown, Townsend, Sharpe and Miller
S. Printed 2/7/01--H.
Read the first time January 11, 2001.
To whom was referred a Bill (H. 3259) to amend the Code of Laws of South Carolina, 1976, by adding Section 8-13-1355 so as to define and regulate a push-poll and provide penalties, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. The 1976 Code is amended by adding:
"Section 8-13-1355. (A)(1) For purposes of this section, a 'push-poll' is a paid telephone survey supporting or opposing any candidate for public office and conducted by or on behalf of a candidate or committee that:
(a) asks questions or gives statements relating to candidates for public office that state, imply, or convey information about another candidate's character, status, or political stance or record; and
(b) is conducted in a manner that is likely to be construed by the person receiving the call to be a survey or poll which uses an established method of scientific sampling and gather statistical data for entities or organizations that are acting independently of any political party, candidate, or interest group.
(2) A person who conducts a push-poll, as defined in subsection (A)(1), must, at the beginning of the call, disclose the name of the candidate or committee that paid for, sponsored, donated, or authorized the call.
(3) If the call is an independent expenditure, the disclosure shall also state that no candidate has approved the call.
(4) No person or organization shall state or imply false or fictitious names or telephone numbers when providing the disclosures required under this section.
(B) The entity in charge of conducting a push-poll must file the name, telephone number, and address of the candidate or committee who paid for, sponsored, donated, or authorized the poll, together with the text of the poll with the State Election Commission and also with the candidates or campaigns involved twenty-four hours before the poll is initiated. If a committee or entity has paid for, sponsored, donated, or authorized the poll, it must also file the names of the members of its governing board, board of directors, or executive committee.
(C) A person who violates any provision of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or be imprisoned for not more than one year, or both."
SECTION 2. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 3. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
JAMES H. HARRISON, for Committee.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-13-1355 SO AS TO DEFINE AND REGULATE A PUSH-POLL AND PROVIDE PENALTIES FOR VIOLATIONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 8-13-1355. (A)(1) For purposes of this section, a 'push-poll' is a paid telephone survey supporting or opposing any candidate for public office and conducted by or on behalf of a candidate or committee that:
(a) asks questions or gives statements relating to candidates for public office that state, imply, or convey information about another candidate's character, status, or political stance or record; and
(b) is conducted in a manner that is likely to be construed by the person receiving the call to be a survey or poll which uses an established method of scientific sampling and gather statistical data for entities or organizations that are acting independently of any political party, candidate, or interest group.
(2) A person who conducts a push-poll, as defined in subsection (A)(1), shall, at any time during the call, disclose the name of the candidate or committee that paid for, sponsored, donated, or authorized the call.
(3) If the call is an independent expenditure, the disclosure shall also state that no candidate has approved the call.
(4) No person or organization shall state or imply false or fictitious names or telephone numbers when providing the disclosures required under this section.
(B) The entity in charge of conducting a push-poll must file the name, telephone number, and address of the candidate or committee who paid for, sponsored, donated, or authorized the poll, together with the text of the poll with the State Election Commission within twenty-four hours or on the next regular work day after the poll is initiated.
(C) A person who violates any provision of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or be imprisoned for not more than one year, or both."
SECTION 2. This act takes effect upon approval by the Governor.
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