Electoral survey disclosure

The disclosure of electoral surveys must comply with the legislation provisions. As of the first day of the electoral year, any survey regarding elections and candidates, carried out for dissemination purposes, will be compulsorily registered 5 (five) days prior do disclosure at the competent Electoral Court and information listed under Law # 9,504/97, section 33, and TSE Resolution 23,364/2011, section 1. Registration must be made by the company in charge of the survey.

Electoral surveys may be disclosed until the election date, provided that they are duly registered at the competent Electoral Court, and comply with the terns for disclosure. However, the survey disclosure may only occur after the voting session is closed in the respective state. Once it is registered, the survey may be published using communication mean, but it is not required registration before every disclosing organ.
The electoral legislation grants access to disclosed survey results to political parties and coalitions, duly registered at the Electoral Justice. Thus, even if contracting party does not intend to disclose the survey, results will be made available to the Electoral Justice.

Any infringement of electoral legislation provisions will be subject to fines and penalties, including criminal sanctions, to be imposed by the Electoral Justice.

In case it is evidenced any published data irregularity will subject the persons responsible for it to criminal and administrative sanctions, compulsoriness to disclose the correct data in the same space, location, time, page, characters and other highlight elements in accordance with media used.

The disclosure of survey results, even if incomplete, without previous registration will subject the survey institute, the survey client, the press organ, the candidate, the political party or coalition, or any other responsible party to fine provided under TSE Resolution # 23,364/2011, section 18.

The disclosure of fraudulent survey constitutes crime, subject to punishment pursuant to TSE Resolution # 23,364/2011, section 19.
According to electoral legislation, upon survey disclosure it should be mandatorily informed:

• Period of time that data collection occurred

• Error margin

• Number of interviewees 

• Name of entity or company in charge of survey and, if so is the case, who contracted it 

• survey registration number

Besides the legal requirement, the international code regarding publication practices of public opinion survey results of The World Association of Professional Researchers, entity which some IBOPE executives are affiliated to, subscribed by the Brazilian Association of Survey Companies (ABEP), recommends that upon survey disclosure it is also informed:

• name of survey company that carried out the studies

• surveyed population

• used sampling method

• sample size

• technique used for data collection

• exact text of questions made

Registration*

The survey company must register the following information at the competent Electoral Division Court, within 5 (five) days minimum in advance to date of disclosure:

1. Who contracted the survey?

2. Value and origin of resources spent in the work

3. Methodology and period of time to accomplish the survey

4. Sampling plan and weighing with respect to gender, age, education and economic level of interviewee and physical area to carry out the job, confidence interval and error margin

5. Internal control and verification system, data collection and field work checking and supervision

6.  Complete questionnaire applied or to be applied

7. Name of who paid for the survey

8. Articles of association, by-laws or enrollment as entrepreneur, which evidences the company regular registration, including full qualification of legal representatives, corporate name, enrollment number under Brazilian Taxpayers Register (CNPJ), address, fax number or e-mail address to receive notices and communication from the Electoral Division Justice;

9. Name of statistics technician responsible for the survey – and registration number at the competent Regional Statistics Council (Decree # 62.497/68, section 11);

10. Registration number of company responsible for the survey before the Regional Statistics Council, if any:

11. Indication of municipality covered by the survey.

12. Within 24 hours as of disclosure of results, survey registration must be supplemented with data relating to cities and districts covered by the survey; in the absence of district delimitation, it will be identified the area where the survey occurred.

* Law # 9,504/97 and Superior Electoral Court /TSE Resolution # 23,364/2011 render available other information, which govern and regulate 2012 municipal election in Brazil.


 

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