Electoral polls can now be registered in the TSE – News of Brazil
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Since January 1, 2024, the deadline has been open for all entities or companies that carry out public opinion polls on voting intentions for potential candidates for the 2024 Municipal Elections to register in advance with the Superior Electoral Court. (TSE).
The registration of the survey with the Electoral Court must occur up to five days before the results are released and must be accompanied by the information provided for in article 33 of the Elections Law (Law No. 9,504/1997). Although it is necessary to record the surveys, publishing the results is not mandatory.
Electoral surveys are a well-known tool for checking the viability of possible candidacies, as well as evaluating the most sensitive topics that the population would like to see debated during the campaign.
In 2022, for example, the TSE Portal counted more than 600 electoral surveys relating to that year’s elections.
But do you know what an electoral survey is?
It is the question asked to the voter, at a given moment, about candidates who can compete or are already competing in an election. This public opinion tool is used by institutes or entities to check the voter’s preference in the months leading up to an election.
Like all public opinion research, it uses a scientific method to determine the reality of the moment among representative segments of the electorate, called a sample. In addition to following a specific methodology, the research must be registered with the Electoral Court.
What does the law say
According to article 33 of the Elections Law, entities and companies that carry out public opinion polls relating to elections or candidates, for public knowledge, are obliged, for each poll, to register, with the Electoral Court, up to five days before publication, the following information: who commissioned the research; value and origin of resources spent on work; methodology and period of research; sampling plan and weighting regarding gender, age, level of education, economic level and physical area where the work to be carried out, confidence interval and margin of error.
In addition, they must record the internal control and verification system, checking and monitoring data collection and field work; complete questionnaire applied or to be applied; and the name of the person who paid for the work and a copy of the respective invoice.
According to paragraph 1 of the same article, information relating to research will be registered with the Electoral Court bodies responsible for registering candidates.
Penalties
Also according to the Elections Law, the dissemination of research without prior registration of the information subjects those responsible to a fine in the amount of 50 thousand to 10 thousand UFIRs. The dissemination of fraudulent research constitutes a crime, punishable by imprisonment of six months to one year and a fine of 50 thousand to 100 thousand UFIRs. During the electoral campaign period, polls related to the electoral process are prohibited.
Source: Electoral Justice
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