Federal Court Deals Potential Blow To Republicans Over Tv Advertising Rates

A federal appeals court on Tuesday ruled that political parties — recently allowed by the Supreme Court to spend unlimited amounts in consultation with campaigns — aren’t entitled to the significantly lower candidate advertising rate when they do so.

That decision, if it stands, would significantly erode the advantage Republicans believe they got from the Supreme Court ruling — affecting how tens of millions of dollars are spent in this year’s midterm election.

The Richmond, Virginia-based 4th Circuit Court of Appeals sided 2-1 with four Democratic candidates over the Federal Communications Commission and Republicans’ campaign arms.

“The [lowest unit charge] requirement and campaign finance statutes are clear that neither political parties nor joint fundraising committees with non-candidate members can be entitled to the LUC,” states the majority opinion, written by Judge Robert King, a Clinton appointee, and Judge James Wynn, an Obama appointee. Judge Harvie Wilkinson, a Reagan appointee, dissented.

Republicans are almost guaranteed to appeal the Tuesday decision. The GOP had hoped to use their cash advantage and the lower rate to flood the airwaves against Democrats as both parties battle for control of Congress.

The special TV rates for candidates begin 60 days before the midterms — 10 days from now — meaning an appeal must come quickly for parties to access them this fall.

Sen. Jon Ossoff (D-Ga.), Rep. Kristen McDonald Rivet (D-Mich.) and Senate candidates Roy Cooper and Sherrod Brown filed the lawsuit, arguing that only candidates themselves — not parties or joint fundraising committees — should be entitled to the cheaper advertising rates available to candidates.

They took specific issue with a March FCC memo that said parties would be able to access those lower rates when spending is coordinated with a candidate.

Both parties, including the candidates who sued over the rules, have quickly started using joint ads since the Supreme Court’s ruling earlier this year, but Democrats have feared the changes would give the GOP an edge. The Republican National Committee currently has more than $100 million in the bank, while the Democratic National Committee is in debt. Republicans also have an advantage on the House and Senate side, though it is narrower.

If the parties can run ads with campaigns and pay the lowest possible rates, that could allow Republicans’ party-level cash advantage to help make up for individual gaps between candidates, as Democratic campaigns continue to fundraise well.

Stations are required to offer candidates the lowest rate that any advertiser pays for that broadcast time. During competitive elections, when demand for TV ads soars, outside groups such as party committees or super PACs pay far more than campaigns do.

For example, in the lead up to the 2024 presidential election, Kamala Harris’ campaign paid $3,790 for a single 30-second ad spot during the show Good Morning America in the Atlanta market, according to a POLITICO review of FCC filings. For a super PAC spending on the program in the same time slot on the same day, a 30-second ad cost $4,500. In extreme cases, outside groups can end up paying as much as two or three times as much to run an ad as candidates pay.

The FCC did not immediately respond to a request for comment.