36 West 44

th
Street, Room 1302
New York, New York 10036

September 24, 2014


Risa S. Sugarman
Chief Enforcement Counsel
Division of Election Law Enforcement
New York State Board of Elections
40 North Pearl Street, Suite 5
Albany, New York 12207-2729

Re: Campaign Code Proceeding Telephone Poll 9-12-14

Dear Ms. Sugarman,

Thank you for your letter of September 23, 2014. The Cahill for Attorney General
Campaign takes issue with your assertion that it has not complied with the poll disclosure
requirements of 9 NYCRR 6201.2. By your letters request to Please submit the entire poll to
my office you infer that our disclosure submission was not complete. We respectfully submit
that it was.

Our response was prepared in accordance with the guidelines established in NYS Board
of Elections 1984 Opinion #1. That opinion states in pertinent part that the Board is of the
opinion that once the results of a poll have been disclosed, a candidate need only file the results
of the poll questions released to the public.

In your letter you cite the closing paragraph of NYS Board of Elections 1984 Opinion #1
and assert that it limits the scope of the Opinion and makes it not controlling in this situation.
The last paragraph reads:

This opinion is limited to the facts contained in the questions
presented for review and is not intended to be a broad
interpretation of the regulation. Circumstances concerning the
requirement to file a public opinion poll must be decided on the
merits of each individual case.

This paragraph addresses the circumstances that would trigger poll disclosure under 9 NYCRR
6201.2. Facts that would trigger the regulations requirement to disclose are of course case
specific and we do not contest that we triggered them. The closing paragraph of the opinion,
however, does not address a required disclosures scope and content. We are concerned that your
letter suggests that the scope of a required disclosure under the regulation should vary due to the
circumstances of any specific case. The content standard for required disclosures needs to be
consistent and level. To require the disclosure of an entire poll on one occasion while allowing
only the results of the poll questions released to the public on another occasion would
constitute arbitrary enforcement of the regulation.

Despite our pre-existing compliance with 9 NYCRR 6201.2 and in the spirit of
disclosure, attached please find the subject poll.

Thank you for your cooperation.


Sincerely,




Edward S. Lurie
Campaign Manager
John Cahill for Attorney General