Establishing the criminal offense of engaging in a fraudulent polling scheme, and providing penalties

The bill provides that a violation of the bill includes any scheme in which all of the following occur: a candidate, campaign committee, or agent coordinates with another person or entity; the coordinated person or entity is publicly represented, explicitly or implicitly, as independent, neutral, or nonaligned; and such false representation of independence is material to fundraising, solicitation, or inducement of action. A conspiracy to violate the bill constitutes a violation. Each conspirator is criminally liable for foreseeable acts in furtherance of the scheme, and is jointly and severally liable in any civil action. The bill provides that a person who violates the bill commits the following: for a first offense, a serious misdemeanor; for a second offense, an aggravated misdemeanor; or for a third or subsequent offense, a class “D” felony. Funds obtained through the fraudulent scheme in violation of the bill are subject to forfeiture. A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $430 but not more than $2,560. An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $855 but not more than $8,540. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $1,025 but not more than $10,245. The bill provides for a private cause of action for any person who contributed money, purchased goods or services, attended an event, or otherwise took material action. Available remedies include actual damages, statutory damages per violation, treble damages upon proof of knowing misconduct, reasonable attorney fees and costs, and injunctive or declaratory relief. The bill does not apply to: opinions, predictions, advocacy, or commentary; disclosed internal campaign surveys; informal or nonscientific surveys clearly labeled as such; or good-faith methodological disagreements. A clear and conspicuous disclosure that polling data is informal, advocacy-based, hypothetical, or aligned with a campaign constitutes a complete defense.