Countdown to the 2026 Midterm Election: 90 Days Out
Wednesday, August 5, marks 90 days before the 2026 midterm general election on November 3. Although there are still several primary elections to take place around the country, the 90th day pre-general is important because it triggers one of the main coordination rules for the 2026 general – the type of coordination that often gets grassroots lobbying efforts into trouble.
As of August 5, any targeted paid ad that features or mentions a federal candidate on the November 3 ballot may not be coordinated with that candidate, his or her opponent, the candidate committee, a party committee, or their agents. This applies to all targeted paid ads, whether on the internet, TV, radio, billboards, phone banks, or the like.
If a corporation or other corporate entity (such as a 501(c)(4) social welfare organization) coordinates such ads, which include grassroots lobbying ads disseminated in the candidate’s congressional district (for the House) or state (for the Senate), then the coordinated public communications would be considered prohibited corporate contributions to the benefiting candidate/party committee. If a regular federal PAC coordinates such ads, then the coordinated public communications would be considered excessive PAC contributions to the benefiting candidate/party committee if the value of the ads combined with any direct contributions exceeded the applicable contribution limit ($5,000 per election for the general election for candidate committees). Federal super PACs may not coordinate such ads either, since they are prohibited from making contributions to federal candidates.
The 90-day pre-election period is irrelevant to coordination of paid ads that expressly advocate for the election or defeat of a federal candidate (or are the functional equivalent of express advocacy); those ads are problematic anytime they are coordinated.
Those running paid ads mentioning or featuring state-level candidates should also be aware of state-specific coordination rules that may exist.
Stay tuned for our next alert, which will discuss broadcast, cable, satellite television, and radio communications that refer to a clearly identified federal candidate and are broadcast within 60 days of a general election.
