During the course of the telephone call, the Sekula-Gibbs pollster attempted repeatedly to coax the recipient of the call into choosing between Nick Lampson and Shelley Sekula-Gibbs. As was the case with several previous polls conducted by the Sekula-Gibbs campaign, her pollster intentionally excluded Libertarian Bob Smither from the choice of responses. The pollster also neglected to inform the voter of Sekula-Gibbs' write-in status.

The call's recipient was familiar with Bob Smither's candidacy and confronted the pollster about Smither's exclusion from the choices. After a lengthy dialogue over the problems with the script, the pollster finally conceded that Sekula-Gibbs was the poll's sponsor.

Kevin Tunstall, Smither's campaign manager and Vice Chairman of the Texas Libertarian Party, made the following statement:

"This incident represents the latest in a pattern of deceptive polling by the Sekula-Gibbs campaign. Much like the closed-door meeting that anointed her write-in candidacy, Sekula-Gibbs seems to be intent on denying the fact that Bob Smither is actually on the ballot and she is not.

In early September, Sekula-Gibbs deceptively claimed an 11-point lead in her latest polling. We learned later that the poll in question intentionally excluded Smither from the choices and dishonestly implied she was on the ballot. Despite repeated requests that she conduct her future polls within the ethical standards of the scientific polling profession, Sekula-Gibbs has obviously chosen to continue the deception."

An audio file of the poll may be found at www.bobsmither.org 

POLL TRANSCRIPT:

VOTER: Hi.

GIBBS POLLSTER: Hello.

VOTER: Hello.

GIBBS POLLSTER: Yes, this is [name] calling from Southern Research to ask you one question about the November election for U.S. Congress. If the election were held tomorrow would you vote for Shelley Sekula-Gibbs, the Republican, or Nick Lampson, the Democrat.

VOTER: Um, who's calling and who are you sponsored by?

GIBBS POLLSTER: This is [name] and I'm calling from Southern Research.

VOTER: And who is paying the bills for this advertisement, or this poll?

GIBBS POLLSTER: This is Southern Research – I'm calling on behalf of Southern Research.

VOTER: What about the other candidates in the race? My understanding is that Bob Smither is on the ballot also, and that Shelley Sekula-Gibbs is a write-in. And that there are two other write-ins. Is that correct?

GIBBS POLLSTER: I know Shelley Sekula-Gibbs is a write-in.

VOTER: Okay, so. So I'm curious as to who is funding this research because it seems the question you are asking is biased.

GIBBS POLLSTER: Well, I only have two additional candidates here, which are Nick Lampson and Shelley Sekula-Gibbs.

VOTER: Well, and what I'm trying to indicate is that, uh, it sounds like your poll is biased. So I'm curious as to who is the, um, who is driving this poll.

GIBBS POLLSTER: (Pause) Uhhm. One moment and let me get that information for you, okay?

VOTER: Super.

GIBBS POLLSTER: Just one moment. (Pause)

GIBBS POLLSTER: Sir. Hello?

VOTER: Yes.

GIBBS POLLSTER: Okay, it's being funded through Sekula-Gibbs.

VOTER: Ah, it's being funded by Shelley Sekula-Gibbs. Okay that's, that's interesting, and what's most interesting to me is, you know, how it's worded. Because the way it's worded is not a scientifically valid poll. So, did, what was the name of your organization again?

GIBBS POLLSTER: Southern Research.

VOTER: Southern Research. So does your, um, are you a partisan political organization?

GIBBS POLLSTER: Yes.

VOTER: Okay. So you are not a scientific polling organization?

GIBBS POLLSTER: No.

VOTER: I see. So basically this is a political call and not a research call.

GIBBS POLLSTER: Pretty much, yeah.

VOTER: Okay. Well that uh, that basically does answer my questions.

GIBBS POLLSTER: Okay.

VOTER: Thank you for your time.

GIBBS POLLSTER: You're welcome.