CMOR Kills Bad Legislation Regulating Polling in Louisiana
A State Capitol Network Volunteer Recounts His Role in Shielding the Survey and Opinion Research Profession from Potentially Harmful Legislation
By LaToya Lang, CMOR State Legislative Director
May 2008
Earlier this year, CMOR—aided by Jude Olinger (CEO The Olinger Group, Inc.), a new member of CMOR’s national volunteer grassroots State Capitol Network—helped defeat Louisiana House Bill 58. The bill potentially threatened political survey and opinion research with residents of Louisiana.
H.B. 58, which would have required disclosure of a poll’s sponsor at the beginning of a call thereby potentially inserting bias into the survey, passed the State House February 18. It came up for consideration in the State Senate on Feb. 28. Prompt action by CMOR staff and Mr. Olinger helped to defeat the bill that same day.
The bill’s sponsor eventually passed legislation regulating only election communications—sparing survey and opinion research any noticeable impact.
Mr. Olinger (whose familiarity with CMOR reaches back almost a decade, to work on the national Do Not Call Registry) played an instrumental role in helping CMOR defeat the legislation. He drove to the State House in Baton Rouge, and there— with information provided by CMOR’s government affairs staff and his own contacts— appealed personally to legislators on behalf of the research profession.
He says, “The challenge with legislation like this is that you have to catch it when it’s in committee. Because legislators ‘copy and paste’ these bills from state to state, you have to get your language into a bill early. It doesn’t matter if a bill fails; what’s important is that it contains the language you want. When the issue comes up again—and it will—if your language is in there, you’re protected.”
When trying to influence legislators, Mr. Olinger offers fellow State Capitol Network members this guidance:
- As quickly as possible, find out about potentially negative legislation. “CMOR does a good job of keeping the industry informed,” he explains.
- If it appears someplace, it’s going to appear elsewhere.
- Get your language in whether or not the legislation passes, because it’s going to come up again.
Mr. Olinger also turned his legislator, Representative Neil Abramson (Democrat, District 78), into an active advocate for the profession. Rep. Abramson is now working with Mr. Olinger and CMOR staff to introduce legislation to protect the use of automated political polls (those using Interactive Voice Response and similar systems) and to restrict persuasion calls (also known as “push polls”) during Louisiana’s regular session, which starts March 31.
“The bottom line is that this doesn’t affect me directly right now, but it could,” concludes Mr. Olinger. “This kind of legislation could affect other people in the opinion research industry. It boils down to our pocketbooks.”
How H.B. 58 Threatened the Research Profession
LA H.B. 58 would have required stating at the beginning of any telephone poll regarding a political candidate or proposition: (1) Whether or not it was paid for by a candidate or political committee (or such entity’s agent); and (2) The name and contact info of the sponsor or candidate/committee. It would also have required reports within 24 hours to a supervisory committee regarding payments or expenditures for such polls.
Disclosure of who paid for or commissioned a poll and their relationship to a political candidate or ballot initiative (especially at the beginning of a research call) can completely distort or bias the answers respondents provide to research questions.
In most instances, the interviewer administering the questions is unaware who sponsored the poll, or why. The bias that would result from such disclosure would make it extremely difficult to produce scientifically and statistically valid data—an essential tool in political campaigns.
From the wording of questions to the accent of the interviewers, researchers strive mightily to eliminate bias from all aspects of the research process. With the help of concerned and motivated profession leaders like Jude, CMOR continues to advance the survey and opinion research profession and protect it from threats like Louisiana House Bill 58.
About the CMOR State Capitol Network
Volunteer members of CMOR’s State Capitol Network work with CMOR to protect and promote the survey and opinion research profession. They help to monitor and respond to legislation that impacts the profession and to foster positive relationships with policymakers and their staffs.
Mr. Olinger’s swift response underscores the impact State Capitol Network members can have: “There are a lot of unintended consequences of this kind of legislation—the role of State Capitol Network members is to inform and educate legislators about these unintended consequences.”
“I think it’s critical that the State Capitol Network be in every state,” says Mr. Olinger. “These volunteers must have relationships with legislators who can help influence the process. It’s all about relationships—having relationships with legislators is critical to participating in and influencing the process. I really think that me being there and saying something to the legislators got their attention and motivated them to change the language.”
Researchers participate in CMOR’s State Capital Network to get involved in policy and politics, to protect their business and research and to stay informed. Through the Network, members of the research profession make their voices heard on issues that impact their businesses while networking with their peers who share similar concerns.
For more information on state legislative, regulatory and legal issues, visit CMOR’s Web site (www.cmor.org) or contact LaToya Lang at llang@cmor.org or 202-775-5171. |
