News · Press Release

DCCC, DSCC Statement on Fourth Circuit Decision Holding Political Party Committees & Joint Fundraising Committees Not Entitled to Lowest Unit Charge

Today, DCCC Executive Director Julie Merz and DSCC Executive Director Devan Barber released the following statement after the U.S. Court of Appeals for the Fourth Circuit held that political party committees and joint fundraising committees are not entitled to the special lowest unit charge discount for television time that the Federal Communications Act provides to federal candidates:

“The DCCC and the DSCC dealt Republicans a major blow in their latest attempt to rig the rules in their favor. Put plainly, today’s ruling makes clear that lowest unit rate is an exclusive right given to candidates and incumbent campaigns and that is the law of the land. 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.”

Background: 

  • This win comes as a result of litigation challenging the FCC’s legally baseless guidance that said broadcast stations are required to give the lowest unit charge discount for party committee coordinated advertising and for joint fundraising committee advertising. DCCC and DSCC funded the litigation.
  • Under the Federal Communications Act, during the 60 days before a general election, broadcasters must offer time to federal candidates at the “lowest unit charge of the station.” This results in heavily discounted rates for federal candidates as opposed to other advertisers, like outside groups.
  • Using party committee money for lowest unit charge ads is the fundamental advantage that Republicans sought to expunge by bringing their original case to strike down the coordinated party spending limits all the way up to the Supreme Court, which they have repeatedly upheld as a victory. Now the court has ruled that they are not entitled  to advertise at candidate rates, cutting down their attempt to address Democrats’ grassroots fundraising advantage.

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