Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
D-1878-07 FAILED/Push Polling
COUNCILORS: Raueiman Glaser, Sidensticker .ORDINANCE NO. D-1878-07 5 M=AJ ADDING CHAPTER 6;. ARTICLE 4, SECTION 6-69 TO THE CA:RMEL CITY CODE . WHEREAS, the-First Amendmett.,tothe United StatesiSupreme Couh; provides special and heightened pi WHEREAS, telephonic polls;have long,been used by strategies; test,political.themes•and.gauge.public interest and sup WHEREAS,, the ol?j'ectivity, effectiveness would be. seriously compromised if;a puller, had to between 100 and' 1,000`respondents) whose. opinions `statistically'signilicant". and WHEREAS, :in contrastto ?reprehensible;and.deceptiye form c WHEREAS, push polling,is• ,number of voters than is?nacesfk'c to being part of,;a legitirnate poll, a candidate in-a manner that, s gesti ,image of apolitical oppon nt an th'3 one candidate to anoth&-' d nevertheless exists polling and the dis n i'nimize public tie ,and d by the United expression; and wfully, evaluate political issues; and iy of legitiimate political polls to the sample group (normally- o inscire-that the poll results'aie ,c has recently developed a particularly polling''; and. a sdie--Vt 1 o11' but a tactic in which-a sigiufieantly`greater ct a val' political pall are contacted and, urtder the guise of iv ue ons that contain false or misleading mfarmation,about t this formation may be true, with the, goal of tarnishing the pe wading the-persons called to switch their'. allegiance from 'polling may be a.fomr of,protected political speech; there Tic interest in-,requiring the identification of the sponsor of such .such polling is approved by a candidate for public office, so as to ornation; and to better'account for political.campagn•expenditures; WHEREAS, the 0- ty'of Cannel now wishes to proleet,the welfareiofits residents,by regulating fling, conducied thin its corpoiafe limits. NOW, THERTORE, BE IT ORDAINED by the Common Council of the City of'Carmel, Indiana, as follows i6 1: The.foregoing Recitals tare:incorporated herein by reference. 6-69 should.be-and the same is hereby adopted and added to the read as follows: One ofFourPages this Ordinance was amended by Douglas C:. Haney; Carmel City'Atldmey, on November 19;,2007. 1Z1E Bass6Ny[locniiomtslORDINaNC25V300RPUluirsl Pollln& d6c.11r012007 I O M1] COUNCILQRS- Ratterman„Glaser; Sidenncicen "Section 6-69., Push.Polling A. Definitions. Fonpurposes of this;Section, and subject to the, exceptions set forth herein,-a "push poll" shalt mean any,paid telephonic-poll'conducted within the City's corporate limits that references a specific candidate for the'offices of Ci,ry Mayor, Common jCouncilof .CI'erk-Treasure{ or City Court Judge,.when: 1. More.than 500 City residents are contacted by tfie;pell'within any consecutive 30 day period; 2. The poll'fails to ask questions consisient with standard' polling industry standards; 3. The poll `prefaces any question asked regarding,the respcndent's_support fora-candidate for.an elected`office on a materially false statement; and 4, The poll isconducted primariiyfor the purpose of suppressing-dr changing thewoting Position of the person called. B:, Push Polling Disclosures! Push,polling.,may only be conducted within the City's corporate limits in accordance with',the following; 1.. No person may conduct or administer a lelephonic'push poll unless,. during each callthe'caller accurately identifies both the person or, organization 'making the.call and the person or organization sponsofiing the same,-by stating 'This call is being made by -(name of`person or organization) and is'sponscred'by (name `of person or organrzafrony' 2. If the caller.or sponsor of a push poll is paid'by or on behalf of,a candidate for<,a,City elected office, tha"candidate's name'and office.sought mustibe truly and accuratelydisolosed during,each call. If the caller or sponsor of .a pusli.poll is not;paid by or on behalf of a candidate for an elected city elude, each call must _disclose„lhat•no candidate tor.an'elec_ ted City office has approved the call.. 3. All disclosure' statements required by this; Sectionamus_t'6e made in, English and,in a clew and intelligible manner. C; Penalties and'Exceptions: f. Any person who violates this Section shall:be subject to,a fine of Fifty;Dollars(350.00), each separate',telephone call,made in violation of this Section constituting a separate offense. 2. It shall nofbe a violation of-this Section if a person calle6ierminates+the call or;asks to,be called back before the disclosure statements required herein are given. 3. This Section shall not apply to any telephone call in which the person making,the call'ishot being paid.lo do so and both the'caller and the person called knew each other prior to the call. Ordinance No. D,-1878-07„as amended' Page Two of Four Pages This Ordinance was amerided by Doutglas C. Haney, Carmel City Attorney; on'November 19,.2007. [ZdG ag My D3Ch to !ORDNa\CES%M Palil w Polling d :l tl2M_W7 1.06 PNq `COUNCILORS: Ranerman; Glaser,. Sidenstieker 4. This Section shall not apply to any telephone call that simply, asks the respondent whom he or she prefem for-an elected City office,: but provides no other information or:state'ments for or against any'candidate for'such office. 5. Any telephone call conducted for-.the purpose of polling respondents;concerning a candidate or, candidates for an elected City office -which is partmof a.series of no more than 500 such completed calls made within any ,3O calendar, day period,"and that averages. •at least2 minutes in duration (hang-ups excluded), is presumed to be a legitimate political polling call not subject to the provisions of this Section." Section 3r This Ordinance shall be 1n.full force and effect upon passage. ofthe Common Council, executiomby the Mayor and such publication,as is reduiredby law ("Effective Date?'). Sections 4. All prior ordinances. or parts thereof inconsistent-with,any-provisioin of this Ordinance are hereby repealed; to' the extent of such inconsistency only;,'as of the effective date of ibis Ordinance. However,-tbe,vepcal or amendment by this Ordinance of any other;ordinance does-not,affect,any rights:or habililies accrued, penalties incurred or. proceedings begun prior to the.Effective Date,of this-Ordinance. Those rights, liabilities and proceedings are continued and.penaltiesshall.bcdmposed and enforced under such repeale&or amended ordinance,as if this Ordinance. had,not been adopted. Section 5.;Should.any, provision or portion:of this:Ordinance be declared'by a,court of competent. jurisdiction to be.?invalid for any.reason, the, remaining provisibns shall not; be affected. so'lbng as they` can, without the invalitLpTovision. be.rgiycn the effect intended' by the Common Council'-i'n adopling this Ordinance. To this end,,the.provisions;ofthis Ordinance are severable: rtsftb by the Common Council of °the City of Carmel, Indiana,, this lq4 day -of N 2007, by a vote of 3 ayes and, nays'. COMMON COUNCIL,FOR THE CITY "OF CAP MEL,,IINTDIA. N? Presiding Officer ©pPOsF_ Q Joseph C. Griffiths, President Pro Tempore nP POS15 'D Ronald E. Carter Fred tc ..Glaser a pP-ost C) D P P. il- Richard.L. Sharp ATTEST/.') _, Diana L Cordray, IA-MC, Clerks Ireavrer Ordinance No ]]-1878-07; as amended Page,Tluee?of-Four Pages This Ordinance was amended by Douiglas C.-Haney, Carmel City , Attorney, an November 99; 2007: rZdE Bu51>IY pppP+r.¢ncitOR?SFM'CFS@OOi?Poli[ca Polfing& M0207 I%FMI Mark. Rattermann. COUNCILORS: Ratterman, Glaser, Sidensticker Presented by me to the Mayor of the City of Carmel, Indiana, this day of 2007, at O'clock; _. M. Diana L. Cordray,IAMC, Clerk-Treasurer Approved by me, Mayor of the City of Cannel, Indiana, this day of 2007, at O'clock, _. M. James Brainard, Mayor ATTEST: Diana L. Cordray, IAMC, Clerk-Treasurer Ordinance No. D-1878-07, as amended Page Four of Four Pages This Ordinance was amended by4Dou?las C. Haney, Carmel City Attorney, on November 19, 2007. tZ:BB=\My DO Sm ORDINANC[SVW olitim, Polling dmi 12A2W7,1M P.%n