Political Law

On January 21, 2026, the FCC’s Media Bureau released a Public Notice providing new guidance on how it will evaluate whether broadcast television stations have triggered an obligation to provide “equal opportunities” to political candidates under Section 315 of the Communications Act.  

The FCC’s equal opportunities rule generally says that if a station gives one legally qualified candidate free airtime, it usually has to offer comparable airtime to the other candidates running for the same office unless an exemption applies. To avoid discouraging general news coverage, Congress created several exemptions to this rule—one of the most commonly used being the exemption for bona fide news interviews.  In its new guidance, the FCC signals a more restrictive view of the bona fide news exemption, particularly in the context of late‑night shows, daytime talk shows, and other hybrid news‑entertainment formats.Continue Reading FCC Issues Guidance Focused on Candidate Appearances on Talk Shows

More than one billion dollars were spent in 2024 elections supporting or opposing state and local ballot measures. With high-profile and contentious issues expected to be on the ballot, such as congressional redistricting, AI regulation, minimum wage increases, and more, that number promises to be even larger in 2026. As…

Continue Reading Covington’s Guide to Ballot Measures

Shortly before adjourning for 2025, the Senate passed two bills to broaden disclosure and registration requirements related to the regulation of foreign agents under the Foreign Agents Registration Act (“FARA”) and the Lobbying Disclosure Act (“LDA”): the Disclosing Foreign Influence in Lobbying Act (S. 856 / H.R. 1883)…

Continue Reading Senate Advances Bills To Broaden Foreign Agent Disclosures in Lobbying Reports

The 2025 proxy season saw significant developments with respect to proposals calling on companies to disclose information about their political contribution activity and lobbying activity, including an increase in support for political contribution proposals. That stronger support, particularly against the backdrop of reduced support for socially-oriented shareholder proposals, may lead…

Continue Reading Is a Political Law Shareholder Proposal Under Your Tree? Strategies for Responding in the New Year

Since the landmark Citizens United decision in 2010, super PACs have become a fixture of U.S. political campaigns. But despite the initial anticipated boom in corporate influence in elections, most super PAC funding to date has come from wealthy individuals, closely-held corporations, and nonprofits, not from large for-profit corporations.

However…

Continue Reading Corporate and Industry “Mega PACs”: The Next Frontier for Super PACs

In the 2024 election cycle, super PACs spent a reported $2.7 billion at the federal level, up from roughly $1.4 billion in 2022. And in 2025, super PACs poured tens of millions into state and local races, including the New Jersey gubernatorial race and the New York City mayoral…

Continue Reading Forming and Operating Super PACs: A Practical Guide for Political Consultants in 2026
… Continue Reading Practical Advice for Nonprofits and Donors After the Presidential Memorandum on “Countering Domestic Terrorism and Organized Political Violence” and Reported IRS Enforcement Changes

It may begin with an unusual media inquiry or a sudden spike in interest on social media. Just as often, it starts with a non-public request for documents or other evidence. Your boss or your staff have been accused of wrongdoing, and it falls to you to lead the response.…

Continue Reading Handling Investigations of Members of Congress and Congressional Staff: A How-To Guide for Chiefs of Staff

The recent decision in Freedom Path, Inc. v. Internal Revenue Service addressed whether the IRS’s standards used to deny Freedom Path’s tax exemption as a 501(c)(4) organization were unconstitutionally vague. The United States District Court for the District of Columbia partially agreed with Freedom Path, acknowledging that the relevant guidance…

Continue Reading Tax Exemption and Constitutional Vagueness – What Freedom Path Means for 501(c)(4) Organizations

Following a string of high-profile investigations targeting Members of Congress on both sides of the aisle, congressional ethics investigations are more visible than ever. Indeed, as we recently explored, the House Ethics Committee in particular may be moving toward a more active and transparent enforcement posture, with its most…

Continue Reading Congressional Ethics Investigations: An Overview of Processes, Challenges, and Implications for Private Actors