FCC Political Window Opens Friday for Nov. 3 General Election

The FCC-mandated political window for the Nov. 3 Texas general election opens this Friday, Sept. 4.
It is an important date because most of the FCC's political broadcast rules apply during the political window, including the application of lowest unit charge (LUC) for political broadcast time as placed by candidates or their authorized representative.

The question of whether LUC applies to national political party buys coordinated with campaigns remains in the courts. The Fourth Circuit Court of Appeals ruled last week that national political party committees were not entitled to LUC rates. The National Republican Congressional Committee (NRCC) and the National Republican Senatorial Committee (NRSC) filed an emergency appeal Friday with the U.S. Supreme Court.

"Unless the Supreme Court intervenes quickly, it appears that broadcasters will continue to be free from any obligation to give parties and joint fundraising committees LUC," said David Oxenford, an attorney with TAB Associate member law firm Wilkinson Barker Knauer. Oxenford recaps the most recent court developments in a BroadcastLawBlog.com piece here.

In addition to elections for U.S. Senate and other statewide elected offices such as governor and attorney general, all 38 Texas congressional seats are up for election as are 16 seats in the Texas
Senate and all 150 seats in the Texas House of Representatives.

Early voting in the general election opens Monday, Oct. 19 and will close Friday, Oct. 30. The last day to register to vote for the general election is Monday, Oct. 5. The last day to apply for a ballot by mail for the general election is Friday, Oct. 23.

Other Elections on Nov. 3

Several county offices for each of Texas' 254 counties will also be up for election. Some municipalities also use the November general election date. Municipalities and school boards typically use the general election date for bond elections or other policy elections.

For example, the Irving ISD will have a $952 million bond package on the ballot, while the Northside ISD in San Antonio has an $886 million bond package on the ballot there. City of Dallas voters will see a $443 million bond proposition for public safety facilities on the November ballot.

There also are two special elections for state offices taking place Nov. 3.

One will fill the unexpired portion of the term left by former SD 22 St. Sen. Brian Birdwell, R-Granbury, who is now serving as U.S. assistant secretary of defense. Birdwell resigned his post in May. The winner will serve until Jan. 11. The candidates running are the same as the ones running for the next full term, a position already on the November general election ballot. Those candidates are HD 96 St. Rep. David Cook, R-Mansfield, and Democrat Amy Martines-Salas.

It's the same for HD 93 in the Texas House of Representatives. Former HD 93 St. Rep. Nate Schatzline, R-Fort Worth, resigned this summer to become senior advisor on election policy in the Abbott Administration. The candidates running in the Nov. 3 general election for the next full term and the special election to serve the unexpired portion of Schatzline's term are the same - Alan Blaylock, R-Fort Worth, and Ericka Lomick, D-Fort Worth.
Both special elections will use the same dates as above for the FCC political window, early voting, voter registration, and application for a mail-in ballot.

Gov. Greg Abbott has not called a special election to fill the unexpired portion of former TX 23 U.S. Rep. Tony Gonzales, R-San Antonio. The two-term member of the U.S. House resigned his post April 14 amidst the fallout from a sex scandal involving a Gonzales staffer.

TAB Member Station Resources for the Election Year

TAB has created a special page in the Members-Only portion of the TAB website to provide a full suite of resources to assist stations with the FCC's political broadcast obligations.

It's called the TAB Political Toolkit, and you can access it here.

The TAB Political Toolkit includes:

• A recording of TAB's Jan. 14 FCC Political Broadcast Rules webinar featuring attorney Scott Flick of TAB's FCC legal counsel Pillsbury Winthrop Shaw Pittman
• TAB's legal guide to the FCC's Political Broadcast Rules
• TAB's Political Forms
• TAB's 2026 Political Dates and Offices Up for Election Primer

If you have not used the Members section of the TAB website before, you will be prompted to set up your account to access these resources. Additionally, the TAB legal hotline is available for Texas broadcasters' routine questions on compliance with the FCC's political broadcast regulations.

Questions? Contact TAB's Michael Schneider or call (512) 322-9944.