Poll numbers showing GOP candidate Harry Wilson gaining momentum on Democratic State Comptroller Tom Dinapoli were leaked on September 8.
It's a common tactic: release internal poll numbers showing your candidate gaining, build buzz, create the reality, etc. etc.
But releasing poll numbers is something that's regulated by state election laws.
Under one specific rule, the release of poll numbers triggers a requirement that the entire poll be released to the State Board of Elections. The information released must include: the person who commissioned the poll, exact wording, sample size, methodology, and margin of error - things that can help determine the validity of the poll and the truthfulness of its claims.
DiNapoli's campaign has drafted a letter to State Board of Elections officials complaining about the leaked poll.
It appears Wilson's campaign "has violated Section 6201.2 of the Fair Campaign Code by failing to disclose and file a complete poll it conducted" according to a letter written by election lawyer Jerry Goldfeder, on behalf of DiNapoli.
I emailed and left a voice message for one of Wilson's spokesmen. I'll update with a response.
WIlson has a 1 pm press conference with Mayor Bloomberg, so, maybe the question will come up there.
UPDATE: Wilson's spokesman Bill O'Reilly emails to say, "We didn't leak the memo to the press, but we're delighted to file it with the Board and show it to anyone and everyone who wants to see it. It's good news for us. We hope it's read as far and wide as possible. I'm grateful to the DiNapoli people for highlighting it again."