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H 858

An Act providing disclosure of political phone calls

194th Legislature (2025-2026) Introduced by Jamie Murphy

Requires upfront disclosures in push-polling calls: who's calling, who funds it, the candidate names, and contact details; penalties up to $1,000 for noncompliance.

Bill reported favorably by committee and referred to the committee on House Ways and Means
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Bill Summary · H 858

Summary of House Bill H.858: An Act Providing Disclosure of Political Phone Calls

Overview

  • Purpose: To increase transparency around political telephone outreach by requiring disclosures for push-polling and related calls, and by clarifying definitions around surveys and political messaging.
  • Sponsor: Representative James M. Murphy (4th Norfolk).
  • Status: Reported favorably by a committee and referred to the House Ways and Means Committee. Previously referred to Election Laws; hearing scheduled (as of late 2025 updates). Related bill filed in prior session (House No. 709 in 2023-2024) and related measure HD 1978.
  • Introduced: February 27, 2025.

Key Provisions

1) Definitions added to Chapter 55
- Bona fide survey and opinion research: New definition covering data collection about opinions, needs, awareness, knowledge, views, experiences, and behaviors using surveys, interviews, polls, focus groups, etc., where there are no sales, promotional, or marketing efforts and no attempt to influence attitudes or behavior. Includes message testing for research purposes on how randomly selected individuals react to information about a candidate or ballot question.
- Push-polling: Expanded definition with four elements:
- (i) Calls made on behalf of or in support of/opposition to a candidate.
- (ii) Questions about opposing candidates that state, imply, or convey information about a candidate’s character, status, political stance, or record.
- (iii) Conducted in a manner likely to be mistaken for a survey/poll and part of a series of calls meeting size thresholds (see below).
- (iv) Conducted for purposes other than bona fide survey and opinion research.

2) Disclosure requirements for push-polling (new Section 18H)
- Prior to asking any question: The caller must disclose:
- (i) That the call is a "paid political advertisement."
- (ii) The organization making the call and the organization paying for the call.
- (iii) A valid, current, publicly listed telephone number for the organization making the call.
- (iv) That the call is being made on behalf of, in support of, or in opposition to a specific candidate or candidates, and identify those candidates by name.
- Clarity and repetition: Disclosures must be clear and intelligible and repeated upon request.
- Truthfulness of disclosures: Callers may not state or imply false or fictitious names or numbers.
- Penalties: A violation is punishable by a fine of up to $1,000.

3) Insertion location
- The new definitions and section are added to relevant portions of Chapter 55, including after the definitions of “Ballot Question Committee” and “political party committee,” and the push-polling disclosures are added after Section 18G (creating Section 18H).

Who and What Is Affected

  • Entities that conduct political outreach by telephone (candidates, committees, labor unions, corporations, associations, or other organizations) and their contractors/call vendors must comply with the new disclosure requirements.
  • Voters receiving political phone calls would receive explicit information about who is calling, who funds the call, and the specific candidate(s) supported or opposed.

Procedural and Timeline Details

  • Initial action: Referred to Election Laws on February 27, 2025.
  • Subsequent actions: Bill reported favorably by committee and referred to House Ways and Means as of September 2, 2025; a hearing was scheduled for July 8, 2025.
  • Related legislative activity: Similar matter filed in 2023-2024 (House 709); this bill is part of ongoing consideration of disclosure in political telephoning.

Potential Impact

  • Increased transparency for push-polling and paid political calls.
  • Clearer information for voters about who is behind calls and who is financing them.
  • Possible compliance costs for callers and vendors; potential enforcement via fines up to $1,000 per violation.

Note: The bill text defines terms and sets disclosure standards but does not specify an effective date in the excerpts provided.

Compiled from official sources — confirm details with the bill’s official record.

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