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Election Night Coverage by the Networks Hearing Committee on Energy and Commerce House of Representatives

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Election Night Coverage by the Networks Hearing Committee on Energy and Commerce House of Representatives ELECTION NIGHT COVERAGE BY THE NETWORKS HEARING BEFORE THE COMMITTEE ON ENERGY AND COMMERCE HOUSE OF REPRESENTATIVES ONE HUNDRED SEVENTH CONGRESS FIRST SESSION FEBRUARY 14, 2001 Serial No. 107–25 Printed for the use of the Committee on Energy and Commerce ( Available via the World Wide Web: http://www.access.gpo.gov/congress/house U.S. GOVERNMENT PRINTING OFFICE 71–490DTP WASHINGTON : 2001 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: (202) 512–1800 Fax: (202) 512–2250 Mail: Stop SSOP, Washington, DC 20402–0001 VerDate 11-MAY-2000 11:24 Aug 22, 2001 Jkt 000000 PO 00000 Frm 00001 Fmt 5011 Sfmt 5011 C:\DISC\71490.TXT ATX007 PsN: ATX007 COMMITTEE ON ENERGY AND COMMERCE W.J. ‘‘BILLY’’ TAUZIN, Louisiana, Chairman MICHAEL BILIRAKIS, Florida JOHN D. DINGELL, Michigan JOE BARTON, Texas HENRY A. WAXMAN, California FRED UPTON, Michigan EDWARD J. MARKEY, Massachusetts CLIFF STEARNS, Florida RALPH M. HALL, Texas PAUL E. GILLMOR, Ohio RICK BOUCHER, Virginia JAMES C. GREENWOOD, Pennsylvania EDOLPHUS TOWNS, New York CHRISTOPHER COX, California FRANK PALLONE, Jr., New Jersey NATHAN DEAL, Georgia SHERROD BROWN, Ohio STEVE LARGENT, Oklahoma BART GORDON, Tennessee RICHARD BURR, North Carolina PETER DEUTSCH, Florida ED WHITFIELD, Kentucky BOBBY L. RUSH, Illinois GREG GANSKE, Iowa ANNA G. ESHOO, California CHARLIE NORWOOD, Georgia BART STUPAK, Michigan BARBARA CUBIN, Wyoming ELIOT L. ENGEL, New York JOHN SHIMKUS, Illinois TOM SAWYER, Ohio HEATHER WILSON, New Mexico ALBERT R. WYNN, Maryland JOHN B. SHADEGG, Arizona GENE GREEN, Texas CHARLES ‘‘CHIP’’ PICKERING, Mississippi KAREN MCCARTHY, Missouri VITO FOSSELLA, New York TED STRICKLAND, Ohio ROY BLUNT, Missouri DIANA DEGETTE, Colorado TOM DAVIS, Virginia THOMAS M. BARRETT, Wisconsin ED BRYANT, Tennessee BILL LUTHER, Minnesota ROBERT L. EHRLICH, Jr., Maryland LOIS CAPPS, California STEVE BUYER, Indiana MICHAEL F. DOYLE, Pennsylvania GEORGE RADANOVICH, California CHRISTOPHER JOHN, Louisiana JOSEPH R. PITTS, Pennsylvania JANE HARMAN, California MARY BONO, California GREG WALDEN, Oregon LEE TERRY, Nebraska CHARLES F. BASS, New Hampshire DAVID V. MARVENTANO, Staff Director JAMES D. BARNETTE, General Counsel REID P.F. STUNTZ, Minority Staff Director and Chief Counsel (II) 2 VerDate 11-MAY-2000 11:24 Aug 22, 2001 Jkt 000000 PO 00000 Frm 00002 Fmt 0486 Sfmt 0486 C:\DISC\71490.TXT ATX007 PsN: ATX007 C O N T E N T S Page Testimony of: Ailes, Roger, Chairman and Chief Executive Officer, Fox News .................. 115 Biemer, Paul, Research Triangle Institute ..................................................... 46 Boccardi, Louis D., President and Chief Executive Officer, Associated Press ............................................................................................................... 89 Heyward, Andrew, President, CBS News ....................................................... 105 Johnson, Tom, Chairman and Chief Executive Officer, CNN ...................... 111 Konner, Joan, Professor of Journalism and Dean Emerita, Graduate School of Journalism, Columbia University ............................................... 34 Lack, Andrew, President, NBC News ............................................................. 118 Risser, James V., Retired Director, Knight Fellowship Program, Stanford University ...................................................................................................... 39 Savaglio, Ted C., Director, Voter News Service ............................................. 85 Wattenberg, Ben J., Senior Fellow, American Enterprise Institute ............ 43 Westin, David, President, ABC News ............................................................. 95 Material submitted for the record by: Boccardi, Louis D., President and Chief Executive Officer, Associated Press, letter dated November 16, 2000, to Congressman Billy Tauzin .... 173 Dingell, Hon. John D., a Representative in Congress from the State of Michigan: Letter dated March 26, 2001, to Andrew Heyward, President, CBS News, enclosing questions for the record, and responses to same ..... 174 Letter dated March 26, 2001, to Joan Konner, Professor of Jour- nalism and Dean Emerita, Graduate School of Journalism, Colum- bia University, enclosing questions for the record, and responses to same ................................................................................................... 178 Letter dated March 26, 2001, to James V. Risser, Retired Director, Knight Fellowship Program, Stanford University, enclosing ques- tions for the record, and responses to same ........................................ 180 Savaglio, Ted C., Director, Voter News Service, letter dated April 13, 2001, to Hon. John D. Dingell, enclosing response for the record ............ 167 Tomlin, David, Assistant to the President, letter dated February 5, 2001, to Hon. John D. Dingell and Hon. Edward J. Markey, enclosing re- sponse to questions ....................................................................................... 170 Westin, David, President, ABC News, letter dated April 9, 2001, to Hon. John D. Dingell, enclosing response for the record .................................... 176 (III) 3 VerDate 11-MAY-2000 11:24 Aug 22, 2001 Jkt 000000 PO 00000 Frm 00003 Fmt 0486 Sfmt 0486 C:\DISC\71490.TXT ATX007 PsN: ATX007 VerDate 11-MAY-2000 11:24 Aug 22, 2001 Jkt 000000 PO 00000 Frm 00004 Fmt 0486 Sfmt 0486 C:\DISC\71490.TXT ATX007 PsN: ATX007 ELECTION NIGHT COVERAGE BY THE NETWORKS WEDNESDAY, FEBRUARY 14, 2001 HOUSE OF REPRESENTATIVES, COMMITTEE ON ENERGY AND COMMERCE, Washington, DC. The committee met, pursuant to notice, at 11:07 a.m., in room 2123, Rayburn House Office Building, Hon. W.J. ‘‘Billy’’ Tauzin (chairman) presiding. Members present: Representatives Tauzin, Bilirakis, Barton, Upton, Stearns, Gillmor, Greenwood, Cox, Deal, Largent, Burr, Whitfield, Ganske, Norwood, Shimkus, Wilson, Shadegg, Pickering, Fossella, Davis, Blunt, Bryant, Ehrlich, Buyer, Radanovich, Pitts, Walden, Terry, Bass, Dingell, Waxman, Markey, Towns, Brown, Deutsch, Rush, Eshoo, Stupak, Engel, Sawyer, Wynn, Green, McCarthy, Strickland, DeGette, Barrett, Luther, Capps, Doyle, John, and Harman. Staff present: Mark Paoletta, majority counsel; Tom DiLenge, majority counsel; Jan Faiks, majority counsel; Charles Symington, majority counsel; Ann Washington, majority counsel; Julie Cor- coran, majority counsel; Anthony Habib, legislative clerk; Yong Choe, legislative clerk; Edith Holleman, minority counsel; Laura Sheenan, minority counsel; and Chris Knauer, minority investi- gator. Chairman TAUZIN. The committee will please come to order. The Chair recognizes a presence of a quorum and welcomes all of you to this important oversight investigatory hearing on the issue of election night coverage of the Presidential election November 2000. I would ask our guests to settle in and get comfortable. I apologize for the conditions of the room. Mr. Dingell and I have commented just before about how we are outgrowing the size of this room with the size of our committee, and we apologize to our guests for the limited space, and to the press for the limited conditions under which you have to work today, we apologize. The Chair recognizes himself for an opening statement. Ladies and gentlemen, today we will be hearing from some very important witnesses who will give us a real sense of what went wrong in terms of the election night coverage of the Presidential election of November 2000, but I would be remiss if I did not remind all of us that this is not a new problem. As Mr. Dingell pointed out to me, it was a problem of the seventies. It was a problem going all the way back to the Kennedy-Nixon election when Illinois was called in the one column back and forth several times. It was cer- tainly a problem in the eighties and we have several charts that (1) VerDate 11-MAY-2000 11:24 Aug 22, 2001 Jkt 000000 PO 00000 Frm 00005 Fmt 6633 Sfmt 6633 C:\DISC\71490.TXT ATX007 PsN: ATX007 2 I think will give you an idea of what we experienced in the eighties, when elections began to be called on the basis of exit poll- ing data and early projections of winners in the Presidential race were thought to have a profound effect on local races, particularly congressional races in the West, when this committee and other committees of the Congress held hearings, over a dozen hearings, in the 1980’s examining the problem of early exit poll calls and its effect upon voter turnout in other elections. I have a chart that I will ask the staff to put up which contains some of the headlines that were predominant in the 1980’s. You can see these headlines: Networks in Dispute on Fast Projections; Angered California Voters May Attempt to Beat the Clock in 1984; Time Zone Fallout; TV Changed the Election of the Eighties. These are headlines from important newspapers, New York Times and Washington Post, Christian Science Monitor and others in the 1980’s. What follows is a chart that includes some of the quotations of that era from the members of the committees who actually held hearings. I call your attention, for example, to the chairman of the 1984 House hearings, Representative Timothy Worth of Colorado. His quote, which will go up in a minute, is that ‘‘The evidence is over- whelming from our perspective, at least my own, that there is a re- sponsibility that when you report early people do not vote,’’ he goes on to talk about the early calls made then. Ed Markey, my good friend in 1980, who sponsored and pushed forward legislation for a
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