Countdown to the 2026 Midterm Election: 60 Days Out

September 3, 2026

September 4, 2026 marks 60 days until the 2026 midterm elections take place on November 3, 2026. And 60 days pre-general marks the beginning of the regulatory compliance period for federal electioneering communications. These rules at the federal level, and similar rules at the state and local level, often trip up companies and associations engaged in grassroots lobbying during these time periods. The requirements are not based on the intent of the communications, but rather solely on language within the “four corners” of an ad itself. Reporting and disclaimers may be required.

For federal elections, does the TV or radio ad mention or feature the likeness of a federal candidate during the 60-day pre-election period?  Even the words “your Congresswoman” on a grassroots TV ad may be enough to trigger the requirements.

Federal Electioneering Communications

Definition. Ads aired in the last 60 days before a federal general election trigger special federal reporting requirements if they qualify as electioneering communications. For congressional election purposes, electioneering communications are broadcast, satellite, or cable TV and radio advertisements that mention or feature a clearly identified federal candidate, are run within 30 days of a primary or within 60 days of a general election, and can be received by 50,000 or more persons in the relevant congressional district or state.

Reporting. If an individual or entity makes electioneering communications aggregating in excess of $10,000 within a calendar year, the electioneering communications must be disclosed to the FEC within 24 hours of dissemination. Such reports must include details on those persons who gave to the filer for the purpose of supporting electioneering communications.

Disclaimer. Electioneering communications also are subject to disclaimer requirements.

Must Be Independent/No Coordination. Our last alert, see here, discussed restrictions on coordinated communications during the 90 days before the general. These restrictions are still in effect during the next 60 days and apply to all electioneering communications.

State and Local Electioneering Communications

States and localities have their own rules that apply to similar communications that are made in connection with nonfederal elections. Unlike the federal rules, not all of the state and local laws are limited to ads on radio or television. The state and local rules can apply to internet ads, social media ads, billboards, newspaper ads, blast emails, etc. The state and local rules are also not always limited to 60 days before the general election, although most of the jurisdictions that have such rules impose the requirements during this pre-general time period.