Nebraska Democrats Question Legality of Lincoln Mayoral Poll
FOR IMMEDIATE RELEASE
December 28, 2006
Contact: Eric Fought
(402) 434-2184
eric@nebraskademocrats.org
Nebraska Democrats Question Legality of Lincoln Mayoral Poll
LINCOLN, Neb. – The Nebraska Democratic Party filed a complaint this week with the State Accountability and Disclosure Commission regarding a recent poll that took place in the City of Lincoln.
The poll in question occurred in early December. According to the complaint, the Party has received at least two complaints from Lincoln residents who were called and asked to participate in telephone polls. After answering a number of questions, both citizens asked who was taking the poll. The caller refused to reveal who was taking or paying for the poll. The polling questions included a number of negative references to Chris Beutler.
This appears to be a violation of Nebraska Statute 49-1474.02 which states that when a campaign message is being disseminated over the phone in a live or recorded call, the person calling is required to state who paid for the call when asked:
Any person who makes an expenditure reportable under the act to disseminate by any means of telecommunication a message relating to a candidate or ballot question which is not a recorded message or a prerecorded message shall, immediately upon the request of the recipient of the message, disclose the name of the person, including committees, making the expenditure. If the message is disseminated through an employee or agent of the person making the expenditure, the employee or agent shall, immediately upon the request of the recipient of the message, disclose the name of the person, including committees, making the expenditure. Neb. Rev. Stat. § 49-1474.02
The complaint also states that we know the Beutler for Mayor campaign, the Lancaster County Democratic Party and the Nebraska Democratic Party were not doing any polling in the month of December. By a process of elimination, we believe that the calling was being done by the Svoboda for Mayor campaign, the Lancaster County Republican Party, the Nebraska Republican Party or a constituent group connected to Ken Svoboda. Since the callers refused to reveal who they were calling on behalf of, we have no way of knowing who made the calls. However, we believe the expenditure may be revealed by the committee’s end of the year report.
“We are asking the Accountability and Disclosure Commission to investigate this matter fully and hold those who conducted this poll accountable,” said Steve Achelpohl, State Chair of the Nebraska Democratic Party. “As the campaign for Mayor in the City of Lincoln gets underway, it is critical that all parties involved follow the applicable laws associated with campaigns in this state.”