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An Act Regarding Telephonic Political Communications and Push Polling
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 21-A MRSA §1014, sub-§5, as amended by PL 2007, c. 443, Pt. A, §9, is further amended to read:
 
5. Telephone calls.   Prerecorded automated telephone calls and scripted live telephone communications, including telephone calls made for the purposes of researching the views of voters, that name a clearly identified candidate during the 21 days before a primary election or the 35 days before a general election must clearly state at the start of the call the name of the person whoor organization that made or financed the expenditure for the communication, except for prerecorded automated telephone calls paid for by the candidate that use the candidate's voice in the telephone call and that are made in support of that candidate. Telephone calls made for the purposes of researching the views of voters are not required to include the disclosure.If the respondent to a scripted live telephone communication requests additional information on the person or organization that made or financed the expenditure for the communication, the caller must describe to the respondent where such information, including information relating to the source or sources of funding for the person or organization, is available for inspection.
Sec. 2. 21-A MRSA §1014-B, sub-§2, ¶A, as enacted by PL 2001, c. 416, §1, is amended to read:
 
A. A person may not authorize, commission, conduct or administer a push poll by telephone or telephonic device unless, duringat the start of each call, the caller identifies the person or organization sponsoring or authorizing the call by stating "This is a paid political advertisement by (name of persons or organizations)," and identifies the organization making the call, if different from the sponsor, by stating "This call is conducted by (name of organization)." If the respondent requests additional information on the person or organization sponsoring or authorizing the call, the caller must describe to the respondent where additional information on the person or organization, including information relating to the source or sources of funding for the person or organization, is available for inspection.
 
SUMMARY
This bill amends the political communications laws to require that all prerecorded automated telephone calls and scripted live telephone communications, including those made for the purposes of researching the views of voters, that name a clearly identified candidate during the 21 days before a primary election or the 35 days before a general election clearly state at the start of the call the name of the person or organization that made or financed the expenditure for the communication. The bill requires that, for scripted live telephone communications, if the respondent requests additional information on the person or organization that made or financed the expenditure for the communication, the caller must describe where such information, including information relating to the source or sources of funding for the person or organization, is available for inspection. The bill also amends the push polling laws to require that a caller disclose at the start of a call the person or organization sponsoring or authorizing the call and the organization making the call if different from the sponsor. Current law requires only that these disclosures be made at some point during the call. This bill also requires that, if a respondent requests additional information on the person or organization sponsoring or authorizing the call, the caller must describe to the respondent where such information, including information relating to the source or sources of funding for the person or organization, is available for inspection.