Sec. 33.13.19.02. Polls

A. Expenditure. The purchase of opinion poll results by a political committee or person is an expenditure by the political committee or person.

B. In-Kind Contribution. The acceptance of any part of an opinion poll's results by a candidate, the authorized campaign committee of the candidate, or an agent of the candidate, prior to such time as those results have been made public and without the payment of fair market value, shall be treated as an in-kind contribution by the political committee or person furnishing the opinion poll results to the candidate or the authorized candidate campaign committee.

C. Acceptance. The poll results are considered accepted by a candidate if the candidate, agents of the candidate, or the political committees affiliated with candidate:

(1) Requested the poll results before the opinion poll was concluded;

(2) Used the poll results before they became public; or

(3) Failed to notify the person purporting to provide the opinion poll results that the candidate refused to accept the opinion poll results.

D. Public Release. The acceptance of any part of a poll's results which part, prior to receipt, has been made public without any request, authorization, prearrangement, or coordination by the candidate or the agents of the candidate shall not be treated as an in-kind contribution by the political committee or person releasing the opinion poll results.

E. Fair Market Value.

(1) Fair market value of an opinion poll is determined as of the date when the candidate or its agents receives the poll results. The value of the poll decreases as the benefits derived from the poll results are less timely.

(2) The fair market value of an opinion poll is as follows:

(a) If the results are received within 30 days following receipt by the initial recipient or recipients of the opinion poll, 100 percent of the amount paid for the opinion poll;

(b) If the results are received between 31 and 60 days following receipt by the initial recipient or recipients of the opinion poll, 50 percent of the amount paid for the opinion poll,

(c) If the results are received between 61 and 180 days following receipt by the initial recipient or recipients of the opinion poll, 5 percent of the amount paid for the opinion poll; and

(d) If the results are received more than 180 days following receipt by the initial recipient(s) of the opinion poll, the fair market value shall be zero.

(3) If only a portion of the opinion poll results are shared with a candidate, the fair market value of the results received by the candidate shall be further reduced:

(a) To an amount reflecting the proportion of the number of question results received by the candidate or political committee as compared to the total number of questions in the opinion poll; or

(b) To an amount computed by any other method which reasonably reflects the benefit derived.