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The NH Attorney General announced today that his office is suing the Bass Victory Committee for push polling violations. This is not the run of the mill push polling violation where a polling company doing message testing did not understand the NH push polling disclosure requirements. In this case, the Bass campaign knew and tried to hide its involvement. In September, 2010, the Tarrance Group was hired to do a poll. The original scrpt said, at the end, paid for by the Bass Victory Committee. Bass's campaign manager e mailed the company and asked that they change the disclosure to say paid for by the NRCC:
Could we change the disclaimer at the end to NRCC [National Republican Congressional Committee] since they are paying for half of it? I'd rather have any issues about 'push polling' be blamed on them (sorry Brock), rather than us - especially with the date rape drug question in there.
That isn't the worst part, although trying to hide their responsibility is pretty bad.
According to the lawsuit, after receiving a complaint aboiut the poll and starting its investigation, the AG issued a subpoena for correspondence between the campaign and the Tarrance Group. The Bass committee, through legal counsel, said there was none.The AG withdrew its subpoena.
But the plot thickens, as after further investigation, the AG issued a second subpoena to "verify the accuracy of prior representations". 500 pages of e mails were then produced (!) one of which was the e mail telling Tarrance to change the disclosure to leave out the reference to the Bass committee as paying for the ad.
Oopsie.
Suit has been filed, and the AG is looking for a penalty of $1,000 per each of the 400 calls (would be interesting to know how the AG discovered that it would be a good idea to issue that second subpoena).
This is bad - failing to disclose the Bass campaign was involved in the calls was a deliberate effort to sidestep the law, and not truthfully responding to the first subpoena was an effort to cover up the violation.