The Republican National Committee and the Texas Republican Party filed a lawsuit Wednesday asking a federal judge to invalidate a longstanding campaign advertising rule they say gives Democrats an unfair advantage.
The suit, brought in the final days of the midterm elections, targets the “lowest unit charge” provision of the Federal Communications Act of 1971. That rule requires television and radio stations to offer political candidates the lowest advertising rate they charge any commercial advertiser during a specified pre-election period, but it does not extend the same rate to political parties. The plaintiffs argue the distinction benefits Democrats and have asked the court to strike it down.
The case was filed in the U.S. District Court for the Northern District of Texas and assigned to Judge Matthew J. Kacsmaryk. The parties contend that limiting the lowest-unit-charge benefit to candidates rather than the party committees that support them creates an uneven playing field in campaign advertising.
The lowest unit charge (LUC) rule requires broadcast stations to sell political advertising time to legally qualified candidates at their lowest commercial rates during the final weeks before an election. It is designed to prevent candidates from being priced out of media markets so they can communicate with voters.