Regulation of election polls: Issues under discussion

Abstract

This paper analyzes the current regulations on the electoral polls, raises the main issues under debate and examines the reform proposals presented. It highlights that the information provided by polls is fundamental in modern democracy, since it allows to know the voting intention of citizens at any given moment. However, its results do not constitute a certain prediction of the election results. Therefore, requirements such as registry and technical files are reasonable. Nevertheless, the prohibition to disseminate polls until the Sunday before election day contradicts the Constitution, since it affects fundamental rights. This prohibition, which was introduced in in Peru 37 years ago, deserves to be reviewed. A reasonable and proportional measure should authorize the dissemination of polls until the day before the election.