Democratic Candidates Sue FCC Over Coordinated Ad Rates

Four Democratic candidates filed a lawsuit seeking to block party committees from accessing the lowest unit rate for television advertising after the Supreme Court lifted a cap on coordinated expenditures. The suit targets Federal Communications Commission guidance issued in March that clarified coordinated spending qualifies for the rate previously reserved for individual candidates.

Broadcast stations have discretion to grant the rate, and the Supreme Court ruling did not address the lowest unit rate.

Lopez, an elections lawyer representing the Democratic plaintiffs, said the FCC guidance conflicts with the Communications Act section that entitles candidates to the lowest unit charge. She argued the FCC position references a different subsection of the law. The judge granted a motion to fast-track the case hours after the Supreme Court decision, with opening briefs due Monday.

Democratic candidates hold a fundraising advantage over Republican candidates, while Republican committees have more cash than their Democratic counterparts. The lawsuit was brought by four Democratic candidates who each hold significant cash advantages over their opponents.

The National Republican Senatorial Committee, which brought the Supreme Court case, moved to end its independent expenditures after the ruling and plans to shift to coordinated spending. The NRSC stated coordinated buys qualify for the lowest unit charge.

Broadcast stations have typically granted the lowest unit rate to coordinated buys in recent years, though the solicitor general told the Supreme Court that broadcasters must charge low rates for candidates but not for party spending.