Political Ad Season: What Personal Injury Law Firms Need To Know Before They Buy TV

Political advertising changes how local broadcast TV gets priced and scheduled in the weeks before an election. Candidates can claim the lowest unit charge, federal candidates have a right to reasonable access, and issue groups and PACs compete for the same inventory at market rates. Law firms buying preemptible spots should plan for the possibility of higher rates and more preemptions in those windows.

Every election cycle, I have the same conversation with law firm owners. It usually starts with a phone call in late summer. Their spots are getting bumped. Their rates are climbing. Their station rep is promising make goods next month. And their case volume is starting to slip.

My media career began in radio in 2004 and moved into television in 2007. Today, at VIP Marketing, I help law firms plan and evaluate their marketing. Personal injury firms are among the biggest local television advertisers in many markets, which means they can feel political season as much as anyone.

Here is the truth about broadcast television during an election window. It still works. But the rules change, and the firms that understand those rules protect their budgets and their caseloads.

What is the lowest unit charge, and when does it apply?

The lowest unit charge (often called the lowest unit rate) comes from Section 315(b) of the Communications Act and the FCC rule that implements it, 47 CFR 73.1942. During the 45 days before a primary or primary runoff and the 60 days before a general or special election, a station cannot charge a legally qualified candidate more than its lowest unit charge for the same class and amount of time for the same period.

In plain terms: if your firm buys a 30 second spot in the 6:00 news at a given class of time, a qualifying candidate buying the same class and length in that same period gets the station’s lowest rate for it, including the value of discounts and package rates, without having to buy the whole package.

A few details matter:

• It applies to candidates, not every political buyer. The protection belongs to legally qualified candidates and, under FCC guidance, their authorized committees. Federal candidates also have to meet certification and on-air identification requirements to get it. Independent expenditures by parties, PACs, and issue groups are not entitled to it.
• Class of time matters. The FCC recognizes non-preemptible, preemptible with notice, immediately preemptible, and run of schedule as distinct classes. A candidate’s rate is compared within a class, not across the whole rate card.
• Federal candidates get reasonable access. Under Section 312(a)(7), stations must allow legally qualified federal candidates reasonable access to purchase time. That is not a right to bump any specific advertiser, but it is real demand stations have to accommodate.
• The rules are being argued over. In 2026 the FCC Media Bureau issued guidance on which committees and coordinated party ads qualify (DA 26-300), and an application for review of that guidance is pending (DA 26-982). Ask your station or buyer how they are applying it in your market.

Primary dates vary by state, so the windows vary by market. Put them on the calendar at the start of every election year.

Why do law firm TV spots get preempted during election season?

Political demand arrives all at once, in the same news, sports, and prime programming law firms rely on. Candidates often pay in advance, federal candidates have reasonable access rights, and non-candidate political buyers can pay whatever the market will bear.

If your firm is buying a preemptible class of time, the station can move that spot to a buyer paying a higher rate in that class. Your spot does not air where you planned. The station moves it, offers a make good, or credits you. What happens to you depends on the class you bought and the terms in your contract, so read them before the window, not during it.

Nothing about this is personal. It is predictable, and predictable means you can plan for it.

How much do TV rates rise in an election year?

It depends on the market, the year, and how many competitive races are on the ballot. Presidential and midterm general elections are usually far heavier than off year cycles. The biggest increases hit the programs everyone wants: local news, national news, and live sports.

The part many firms miss: candidates are protected by the lowest unit charge, but PACs, issue groups, and other non-candidate buyers are not. Their demand can increase pressure on commercial rates, including yours.

Are make goods worth accepting?

When a spot is preempted, the station will often offer a make good. That sounds fair, but timing is the catch. A make good that runs after the election, or in a weaker daypart, may not replace what you lost.

If you were building awareness, you risk losing weeks of frequency. If you were running direct response, you can lose call and case opportunities in the month you planned for. A make good in November may not make up for opportunities missed in October. Before you accept one, ask when and where it will run, and whether you can take a credit instead.

Where should a law firm shift budget during the political window?

Do not just pull your budget and sit on it. Move part of it somewhere it can keep working. Connected TV (CTV) is the first place I look.

CTV puts your commercial on streaming services people watch on their televisions. It offers:

• Geographic and audience targeting. You can focus on zip codes, counties, and audience segments instead of an entire market, though audience data is often modeled and accuracy varies by platform.
• Frequency management. You can set frequency caps, though caps are hardest to hold across multiple publishers and devices.
• Measurement. Many platforms can report households that saw an ad and later visited your site or called. Treat that as directional, not proof that the ad caused the case.
• Less exposure to broadcast preemption. You are not competing for a fixed slot in the 6:00 news.

Political campaigns buy streaming too, so inventory and prices can tighten there as well. Plan early and work with a buyer who knows the inventory. CTV does not replace broadcast. Broadcast built many of the most recognized law firm brands in the country. CTV helps protect momentum during the weeks when broadcast inventory gets crowded.

An election season playbook for law firms

1. Mark the windows early. In January, put your market’s primary, runoff, and general election dates on the calendar and count back 45 and 60 days.
2. Know what kind of year it is. Presidential and midterm years are usually heavier. Budget for that.
3. Know your class of time. Ask your station what class you are buying, how likely preemption is, and what your contract says about make goods and credits.
4. Consider front loading before the window. If broadcast is performing for your firm, it can make sense to run heavier weight before political demand hits, while rates are more typical.
5. Shift part of the budget during the window. Use CTV and other channels to keep frequency and call volume going.
6. Ask hard questions about make goods. Find out when and where they will run before you accept them.
7. Rebuild after Election Day. Demand usually eases once political buying stops, so plan to rebuild broadcast weight.

The firms that do best in political season are not the ones that spend the most. They are the ones that plan before everyone else starts scrambling.

If you want a second set of eyes on your media plan before the next election window, reach out. I talk about these decisions with firm leaders on the Going Forward podcast, too.

This article is general marketing information, not legal advice. Political broadcasting rules are complex and can change; confirm specifics with your station or communications counsel.

Frequently asked questions

Does a PAC get the lowest unit charge?
No. Independent expenditures by PACs, parties, and issue groups are not entitled to it. The FCC’s 2026 guidance says it applies to candidates’ authorized committees and to qualifying candidate and party coordinated ads, and that guidance is under review.

Should a personal injury firm go dark on TV during an election?
Usually not. Plan ahead, front load before the window, shift part of the budget into channels like CTV during it, and rebuild broadcast weight afterward.

About the author

Eric Elliott is the founder and CEO of VIP Marketing, a Charleston, South Carolina performance marketing agency for law firms with a focus on personal injury, which he started in 2010. He began his media career in radio in 2004 and moved into television in 2007. He hosts the Going Forward podcast. Read his story.

Sources

• 47 U.S.C. 315, Facilities for candidates for public office
• 47 U.S.C. 312(a)(7), reasonable access
• FCC, Statutes and Rules on Candidate Appearances and Advertising (includes 47 CFR 73.1942 and 73.1944)
• FCC Media Bureau Public Notice DA 26-300 (Mar. 30, 2026)
• FCC Media Bureau Public Notice DA 26-982 (Sept. 15, 2026)