“Election Panel Enacts Policies by Not Acting”

Nick Confessore in the NYT on FEC 3-3 splits:

Campaign lawyers of both parties say the deadlocks have profoundly, if informally, affected the rules governing campaigns, particularly on questions involving whether political nonprofit groups must disclose their finances and the threshold for starting an investigation.

The splits are consistent enough in spelling out the likely direction of enforcement, they say, that they now advise clients that a 3-to-3 split comes close to official commission policy.

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