Start Planning for Election Season

Election season is nearly upon us. We will begin highlighting the major requirements as the election days draw near.  At the outset, there are several key points to remember.

Equal Opportunities:

Federal candidates have a statutory right to have political advertisements appear on broadcast television.  Moreover, if a political advertisement is purchased by a legally qualified candidate’s authorized campaign committee, a station cannot edit the ad (In return you have immunity). However, you can edit political advertisements purchased by a PAC or third party.  Once you provide access, you must offer a similar opportunity to other legally qualified candidates running for the same office.

State and local candidates do not have a statutory right of access, per se.  Stations may decide to forgo political advertisements for a particular office.  However, if a station allows a legally qualified state or local candidate to purchase time, it must offer the same opportunity to other legally qualified candidates that are running for that office.  In other words, the equal opportunities rules kick in for an election where you sell political time to one of the candidates.

The equal opportunities rules apply once there is an official, legally qualified candidate.  Thus, the equal opportunities rules will apply long before the dates begin for the lowest unit charge.

Lowest Unit Charge Dates:

The lowest unit charge requirements apply 45 days before a primary election and 60 days before a general election.  The dates for New York are as follows:

2026 Election Dates & Lowest Unit Charge
Election Type	Election Date	Lowest Unit Charge Begins
Primary	June 23rd	May 9th
General	November 3rd	September 4th

Political File:

Remember, once you receive a request from a candidate, a request occurs when the station receives a firm order from a political advertiser for a specific schedule, not a broad inquiry about avails and rates.  Do not wait for a signed contract or actual broadcast before placing the information in your political file.  The upload must take place at the request stage.

For more information go to the NYSBA website containing detailed information about FCC election rules here.