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New Hampshire Safe for Real Research as Governor Signs “Push Poll” Fix

New Hampshire reforms misguided push poll law to finally allow legitimate research to happenConcord, New Hampshire – April 24, 2014 – Governor Maggie Hassan (D) made New Hampshire safe for polling yesterday by signing a bill into law that eliminates her state’s restrictions on legitimate research.

“This law is going to give clarity to businesses and better protection to voters,” said Sen. Jeb Bradley (R-Wolfeboro). “Businesses will have clear guidelines and the peace of mind that they will not face the threat of prosecution simply for conducting normal opinion research. And voters can have more confidence that the polls they receive are legitimate. This should help everyone.”

A “Push Poll” Problem: New Hampshire on the right track to fix misguided law and protect real survey and opinion research

We're on the road to a fix to New Hampshire's misguided "push poll" law, which punishes legitimate political survey and opinion research instead of going after deceptive political advocacy campaigns that masquerade as real research

Thanks to the state’s misguided “push poll” law, New Hampshire has proven a legal minefield for political survey and opinion research. However, legislation advanced in the state legislature this year, and the dismissal of a high-profile court case on June 17, 2013, indicate a final fix may be just around the corner in early 2014.

NH push poll law fix moves forward, MRA/AAPC campaign continues

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Push poll fix in New Hampshire - S.B. 196 - amended and approved in State Senate Committee

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New Hampshire S.B. 196 would fix misguided “push poll” law and protect real survey and opinion research

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Current New Hampshire law inserts bias into the results of survey and opinion research and taints all legitimate research.

The Marketing Research Association (MRA) and American Association of Political Consultants (AAPC) endorse S.B. 196 to remedy the law.

New Hampshire v. Bass Victory Committee

New Hampshire Attorney General v. Bass Victory Committee

Case No. 217-2012-cv-00233

Plaintiff: Anne M. Edwards, Senior Assistant New Hampshire Attorney General

Defendant: Bass Victory Committee

Overview of Facts: The New Hampshire Attorney General filed an action in state court against the Bass Victory Committee; the campaign committee of U.S. Congressman Charles Bass. The New Hampshire Attorney General filed an action seeking civil penalties against the Bass Victory Committee for engaging in “push polls” as defined under New Hampshire Revised Statute §664:2, XVII for failing to prove the required disclaimer in accordance to New Hampshire Revised Statute §664:16-a, I.

FEC supports survey research in New Hampshire

On April 26, the Federal Election Commission (FEC) approved Advisory Opinion 2012-10, declaring that federal campaign finance and election law supersedes New Hampshire's push poll law, for certain political polls.

The New Hampshire statute includes a poorly-drafted provision that is supposed to target "push polls", but actually restricts bona fide research by requiring political polls to disclose the sponsor of the call to the recipient. MRA has been advocating to change the New Hampshire law to protect research, in alliance with the American Association of Political Consultants (AAPC).