More Automated Pollsters Calling Ocean City Homes

A new robo-poll made the rounds starting at the end of last week and continuing over the weekend.

As in mid-March, automated calls went out to Ocean City residences (many on the national Do Not Call Registry), and a recorded voice asked:

"Do you support or oppose allowing Bring Your Own Bottle, BYOB, in Ocean City, New Jersey restaurants? Please press 1 if you support BYOB, 2 if you are opposed to it, or 3 if you are undecided."

Unlike the last recorded poll, this one continued further — to ask about voter preferences for First Ward candidates Michael DeVlieger and Fred Hoffman. The recording ended by saying that the call was not paid for by either candidate or either BYOB political committee. It said the call originated outside of New Jersey and was in "total compliance" with the Do Not Call Registry.

The poll did not identify its sponsor.

Patch readers identified the caller ID as 609-398-0355 — a number answered by a message machine featuring a woman's voice asking callers to leave a message.

The candidates and the leaders of the two BYOB committees — the Committee to Preserve Ocean City and the Friends of Shop, Dine & Play in Ocean City — said this week that they had absolutely no connection to the call.

A May 8 election in Ocean City will decide four seats on City Council and a ballot question on allowing "Bring Your Own Bottle" (BYOB) restaurants in Ocean City.

Jeff Lamm, a public information officer for the New Jersey Division of Consumer Affairs, pointed to a fact sheet that indicates calls "on behalf of charities, political organizations or pollsters" are exempt from New Jersey's "Do Not Call" law.

The fact sheet does not say if pollsters are required "at the beginning of every sales call to disclose the name of the person making the call as well as the name of the telemarketing company, the name of person or company the telemarketer is calling on behalf of and the purpose of the call," as is required of other telemarketers.

At the request of Ocean City Patch on Monday, the Division of Consumer Affairs is checking with a legal expert to see what is required of pollsters, but the agency had not responded as of Wednesday evening.

Anybody on the national Do Not Call Registry (which allows people to block their telephone numbers from telemarketers) is automatically on New Jersey's "Do Not Call" list, and the state instructs anybody with a complaint to call 888-656-6225 or visit njconsumeraffairs.com to file a complaint form.

New Jersey election law (19:25-13.2) does appear to require a political identification statement for a "telephone call featuring a recorded message" made on behalf of candidates or political committees. It reads, in part:

"The communication shall clearly state the name and business or residence address of the committee, person or group, as that information appears on the certificate of organization and designation of depository (Form D-1, D-2, PC, D-4, D-3, D-5, respectively) filed by the candidate committee, joint candidates committee, political committee, continuing political committee, political party committee, or legislative leadership committee or, in the case of a person or group, as the name of the person or group and business or residence address appears in public records or a current telephone directory, and the communication shall clearly state that the communication has been paid for by that committee, person or group."

The automated poll reaching Ocean City homes does not seem in any way to be a "push poll" that includes language intended to influence voters. With only a week left until the election, it's also unclear what purpose the poll information would serve.