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Election Law

Lloyd Hitoshi Mayer

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When Soft Law Meets Hard Politics.Pdf, Lloyd Hitoshi Mayer Dec 2018

When Soft Law Meets Hard Politics.Pdf, Lloyd Hitoshi Mayer

Lloyd Hitoshi Mayer

Beginning in the 1990s and continuing to today, many of the legal and psychological barriers to nonprofits becoming involved in electoral politics have fallen. At the same time, political divisions have sharpened, causing candidates, political parties, and their supporters to scramble ever more aggressively for any possible edge in winner-take-all political contests. In the face of these developments, many nonprofits have violated the remaining legal rules applicable to their political activity with little fear of negative consequences, especially given vague rules and a paucity of enforcement resources. Such violations include underreporting of political activity in government filings, fly-by-night organizations that ...