If they are playing politics while pretending to be press, that’s “possibly illegal.”
Publishing a fake poll to dishearten the opposition is propaganda and likely an in-kind donation to a political candidate. Tokyo Rose was convicted of treason after the war and sent to prison, just to provide a benchmark.
It’s interference in an election. These suppression polls are very dangerous and media pollsters get away with it every time because there is now downside to them doing it—good for fundraising and good for voter suppression.
And the Dem big donors should be pissed at them too because they threw millions to unwinnable Senate races due to false polling.