The 4th Circuit Court of Appeals ruled in favor of Democrats.
On Tuesday, the 4th Circuit Court of Appeals ruled in favor of Democrats in a 2-1 decision requiring super PACs and political parties to pay the same rate for television ads.
The lawsuit was filed against the Federal Communications Commission (FCC), National Republican Congressional Committee, and National Republican Senatorial Committee.
Democratic Senate nominees former Senator Sherrod Brown (Ohio), Senator Jon Ossoff (Georgia), former North Carolina Governor Roy Cooper, and Representative Kristen McDonald Rivet (Michigan) filed the lawsuit.
The court was asked to consider whether the “lowest unit charge” (LUC) for broadcast campaign advertisements should apply to political parties and joint fundraising commissions.
The statute in question allowed entities connected with a candidate’s campaign to receive the lowest unit of charge for ad buys during the 45-day period before a primary election and the 60-day period before a general election.
“There is no question that candidates are entitled to the LUC,” wrote Judge Robert B. King in the majority opinion. He was appointed to the court by former President Clinton.
“At bottom, a joint fundraising committee ‘cannot be understood to be “using” a broadcaster on behalf of a candidate when it spends money that, under FCC regulations, was contributed to it as a contribution to a non-candidate committee and that must be deemed an expenditure by that non-candidate committee.’ Thus we rule that the Media Bureau’s Public Notice illegally expands scope to extend the LUC to advertisements purchased by joint fundraising committees with noncandidate members,” King wrote for the majority.
Judge J. Harvie Wilkinson III, appointed to the court by former President Reagan, dissented. He argued that the court does not have jurisdiction over the issue.
“The majority proposes nothing less than an upending of settled campaign finance ground rules right in the middle of an election season. Throughout this year’s primary season broadcasters have already provided LUC rates to groups the majority excludes from LUC eligibility,” Wilkinson wrote in his minority opinion.
“If allowed to remain in effect through the date of this year’s general elections, the Public Notice will simply apply the same consistent standards to the entire election season.”
Democratic party candidates have traditionally outraised their committees, meaning they will benefit from Tuesday’s ruling.
“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,” said Democratic Senatorial Campaign Committee Executive Director Devan Barber and Democratic Congressional Campaign Committee Executive Director Julie Merz in a joint statement issued following Tuesday’s ruling.
Republicans announced that they plan to appeal the ruling to the Supreme Court.
“This was an incorrect ruling that ignores decades of precedent. We plan on appealing, and this is the first word, not the last,” said National Republican Senatorial Committee communications director Joanna Rodriguez.
