The Republican Race in SD-59 So Far

7 Jul

Republican candidate for SD-59 (the Volker seat) David DiPietro emailed this result from a poll of unknown provenance. It explains why the Independence Party endorsed Pat Gallivan. They figure he’ll win, and he can provide them some J-O-B jobs.

Bear in mind, DiPietro’s been in this race forever, and Gallivan’s been in it for about 2 minutes. Notably, Domagalski is nowhere. Also notably, “undecided” is doing pretty well, too.

I emailed DiPietro these questions:

Who commissioned this poll?
Who conducted the poll?
When was it conducted?
How was it conducted?

When I hear back, I’ll update this post.

8 Responses to “The Republican Race in SD-59 So Far”

  1. Guy July 7, 2010 at 11:51 am #

    I can’t really read the line that I would imagine is Domalgowski, (And the Nota line is tough as well) but the arithmetic doesn’t seem to jive. It appears to me that Domalgowski has 27 actual votes which would be just under 7% making the percentage tally 99. Your Plus/Minus would then be perhaps 2%?

  2. Guy July 7, 2010 at 11:55 am #

    And was the group who provided for the poll identified to the recipients. I would imagine the mis-spelling of the word ‘three’ would hurt an identified group.

  3. Fat Tony July 7, 2010 at 2:46 pm #

    BP, now that DiPietro publicly released these results to you, state Election Law requires that he release the full poll, including all questions and results, cross tabs, sample size, demographics, margin of error, etc. The law is in place to specifically prohibit what he is trying to do, which is selectively release information. For all we know, the preceding questions leading up to the one he sent you might have been pushes to kill Domagalski Furthermore, I doubt the question was open-ended as it appears in what he sent you so how they identified each person really matters.

    The question would normally be: there are three Republican candidates running in a primary election for State Senate: former Erie CountySheriff Patrick Gallivan, former East Aurora Supervisor David DiPietro and former Erie County Republican Chairman Jim Domgalski. If the election were held today, for whom would you be voting.

    • Peter A Reese July 8, 2010 at 6:53 am #

      That would be:
      Ҥ 6201.2 Use of public opinion polls
      No candidate, political party or committee shall attempt to
      promote the success or defeat of a candidate by, directly or
      indirectly, disclosing or causing to be disclosed, the results of a
      poll relating to a candidate for such office or position, unless
      within 48 hours after such disclosure, they provide the following
      information concerning the poll to the board or officer
      with whom statements or copies of statements of campaign
      receipts and expenditures are required to be filed by the
      candidate to whom such poll relates:
      (a) The name of the person, party or organization that contracted
      for or who commissioned the poll and/or paid for it.
      (b) The name and address of the organization that conducted
      the poll.
      (c) The numerical size of the total poll sample, the geographic
      area covered by the poll and any special characteristics of
      the population included in the poll sample.
      (d) The exact wording of the questions asked in the poll and
      the sequence of such questions.
      (e) The method of polling—whether by personal interview,
      telephone, mail or other.
      (f) The time period during which the poll was conducted.
      (g) The number of persons in the poll sample; the number
      contacted who responded to each specific question; the number
      of persons contacted who did not so respond.
      (h) The results of the poll.

      So who wants to file a complaint?

      § 6201.3 Procedure in fair campaign code proceedings
      (a) Initiation of proceeding. (1) A proceeding under the fair
      campaign code (hereinafter ‘‘code’’) shall be commenced by
      the New York State Board of Elections when:
      (i) the board receives a written signed complaint alleging
      the commission or omission of acts, in violation of the
      code; the county boards of elections are advised to forward
      any complaints they may receive to the State Board
      of Elections; or
      § 6201.3 ELECTION LAW
      (ii) the State Board staff proposes to the board an investigation
      of an alleged violation of the code.
      (2) A complaint shall be filed by mailing to, or by personally
      serving, the Board of Elections at 40 Steuben St.,
      Albany, NY 12207-2109. A duplicate copy of the complaint
      shall be mailed to or personally served upon the candidate or
      the candidate’s representative (hereinafter ‘‘respondent’’).
      Proof of service of the complaint upon the respondent must
      be filed not later than three days after service of the complaint
      upon the respondent. This requirement is waived
      when the respondent is unknown.
      (b) Form of complaint. (1) A complaint shall be based on
      personal knowledge and belief and be specific as to times,
      places and names of witnesses to the acts charged as violations
      of the code. If a complaint is based upon information and
      belief, the complainant shall state the source of the information
      and belief. Copies of all documentary evidence available to
      the complainant shall be attached to the complaint. Evidence
      deemed by the complainant to be of a confidential nature need
      not be sent to the respondent, so long as an explanation is
      made to the board.
      (2) A respondent shall file a signed answer, after service
      upon the respondent of the complaint. Such an answer
      shall be based on personal knowledge and belief and be
      specific as to times, places and names of witnesses to acts
      relevant to the complaint. Copies of all documentary evidence
      available to the respondent shall be annexed to the
      answer. If an answer is based on information and belief, the
      respondent shall state the source or sources of the information
      and belief. An answer shall be filed by certified mail or
      by personally serving the Board at 40 Steuben St., Albany,
      NY 12207-2109 and the complainant. An answer to the
      complaint must be made by the respondent within 10 days
      after receipt of the complaint. Proof of service of the answer
      upon the complainant must be filed not later than three days
      after service of the answer upon the complainant.
      (c) Answer. (1) If after receipt and preliminary review

  4. The Point Is July 8, 2010 at 10:14 am #

    Who really cares about any poll. I like to think I am an educated voter and will do my research work on every candidate before I vote, not base it on some poll. This early before elections do we really know who will be on the ballot come September? Endorsements mean nothing either. They are a joke. None of the “Parties” truly pick a candidate based on if they are the best. Endorsements are about “who you know” and “who you owe”. Former Sheriff, Former Supervisor and Former Republican Chairman they all sound like “status quo” GOP’s to me. Where are the candidates that can actually bring some change.

    • Peter A Reese July 8, 2010 at 10:46 am #

      Actually, polls are the lifeblood of the political operatives and money people. They want to be sure they are on the winning team. Since you are hobbled by being educated and research every candidate, you shouldn’t be able to vote for anyone. The insiders don’t worry about qualifications, they just want to be on top. And what would the average voter do? Simple, the average voter doesn’t vote.

      • The Point Is July 8, 2010 at 11:56 am #

        Never thought of it that way. Political Operatives and Money People just the people I want deciding who will win any race. Seems to me Gallivan owes DiPietro a big thank-you. Your premise puts them backing Gallivan and if he accepts their money etc. he is not the type I would want to vote for. It is the “owing people” that makes for never any true reform in New York State. Are these the only 3 running for the Senate?


  1. DiPietro’s Poll and Unintended Consequences | - July 8, 2010

    […] morning, David DiPietro – Tea Party candidate for State Senate SD-59 – sent an email to an unknown number of people, including me. There was no text or other explanation for why I received a grammatically incorrect, poorly […]

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