Appeals court rules super PACs must pay same ad rates as candidates
A federal appeals court has ruled that super PACs and joint fundraising committees cannot receive the lowest advertising rates reserved for candidates. The 2-1 decision came in a case brought by Democratic Senate nominees against the FCC and Republican committees. The ruling could affect campaign ad spending in the upcoming election.
The ruling stems from a lawsuit filed by four Democratic Senate candidates against the FCC and Republican campaign committees, following a June Supreme Court decision that removed limits on coordinated spending between parties and candidates. The majority opinion, authored by Judge Robert B. King, determined that joint fundraising committees with noncandidate members cannot claim the lowest unit charge because FCC regulations classify their funds as contributions to non-candidate entities.
Judge Wilkinson's dissent argued the court lacked jurisdiction and warned the decision disrupts established campaign finance rules during an active election season. The ruling applies to the 45-day window before primaries and 60-day window before general elections, and Republicans have indicated they will appeal to the Supreme Court.
This ruling could significantly alter campaign advertising costs in the weeks before elections, potentially forcing super PACs and party committees to pay higher rates for television spots. Voters may see fewer ads from outside groups, while candidate campaigns retain their discounted access. Broadcasters may face compliance challenges navigating the new rules, and the expected Supreme Court