Scoop: Dems and GOP squeeze TV stations in ad rate war
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Illustration: Aïda Amer/Axios
National Democrats and Republicans are pressuring local TV stations to respond in opposite ways to a new federal court ruling on political ad rates, Axios has learned.
Why it matters: How they respond will have a major impact on the fight for control of Congress by deciding which party's ad money goes further in the final stretch of the 2026 midterms.
- The 4th Circuit Court of Appeals this week overturned an FCC rule extending discounted ad rates for individual congressional campaigns to political parties and super PACs.
- In other words: The court ruled that outside groups still have to fork over multiple times what the actual candidates pay to run political ads.
- Democrats tend to do their strongest fundraising at the candidate level while Republicans generally dominate national party and super PAC spending, meaning the decision was a win for Democrats.
Driving the news: A pair of Democratic media buyers warned TV stations in a letter first obtained by Axios that they could face legal consequences if they offer discounted rates to outside groups.
- Doing so "may raise campaign finance concerns," wrote Miles King of Amplify Media and Bradley Perseke of GMMB, because it "risks making an unlawful, unreported corporate in-kind contribution."
- "Please confirm at your earliest convenience the rates your station intends to offer political party committees and joint fundraising committees for the remainder of the election cycle," they continued.
- Amplify Media and GMMB work with a slew of Democratic campaigns and groups including the Democratic Congressional Campaign Committee and the Democratic Senatorial Campaign Committee — the House and Senate Democratic campaign arms.
Between the lines: Democrats are looking at the federal court ruling as a much-needed win after the Supreme Court ruling last month overturned limits on what political parties could spend in coordination with campaigns.
- That decision, like the FCC ad rate rule, benefited Republicans' top-heavy fundraising structure in which the national party plays an outsized role.
- Julie Merz and Devan Barber, the executive directors of the DCCC and DSCC, respectively, said in a statement their groups "dealt Republicans a major blow in their latest attempt to rig the rules in their favor."
- They added, "Democratic candidates' strong grassroots fundraising amplifying the voice of everyday Americans remains a fundamental advantage in the midterms, and our stronger candidates and better campaigns will secure us House and Senate majorities in November."
The other side: Ryan Dollar and Blake Murphy, the top lawyers for the National Republican Congressional Committee and the National Republican Senatorial Committee, wrote to TV stations that the Democratic letter "should be disregarded."
- In a letter first obtained by Axios, the two attorneys argued that neither the 4th Circuit Ruling nor Federal Election Commission guidance prohibit stations from offering the discounted rate to outside groups voluntarily.
- "Broadcasters have long exercised discretion regarding advertising rates in circumstances where an advertiser was not necessarily entitled to a particular statutory benefit," they wrote.
What to watch: Dollar and Murphy made their own legal threats, arguing that under Democrats' interpretation of the ruling TV stations have "likely committed years of campaign finance violations" whenever they offered discounted rate to outside groups.
- "Should your station choose to ... adopt Democrats' campaign finance logic, we intend to file FEC complaints against your station for all advertising you have previously offered," they wrote.
- Republicans also intend to appeal the 4th Circuit ruling to the Supreme Court, the attorneys said, adding that they "intend to pursue all available remedies to recoup any financial losses should the [FCC] rule be restored."
