With voting already underway for the 2026 midterm elections, President Donald Trump and members of his administration are illegally and unconstitutionally using taxpayer funds for overtly political television advertisements.
On behalf of a local branch of the Service Employees International Union (SEIU), Empire State 32BJ SEIU PAC, Common Cause and Robert Hunt, a candidate for State House in Alabama, Campaign Legal Center Action is suing alongside Democracy Forward and Public Integrity Project Action to immediately stop these unlawful ads from receiving any more airtime.
Why are President Trump’s taxpayer-funded television ads illegal?
First and foremost, these ads are illegal because they use taxpayer funds earmarked by Congress for other uses. Congress, not the president, has the power of the purse. This fundamental separation of powers principle is one of the bedrocks of our political system.
Despite this, the administration shifted funds from the Department of Homeland Security (DHS) to fund political ads.
For more than 75 years, Congress has repeatedly and firmly established one category of activity it does not fund: publicity and propaganda for political candidates and causes. Nevertheless, the administration is attempting to completely circumvent this practice and Congress' role altogether.
Additionally, the use of taxpayer money for political purposes violates the Fifth Amendment of the Constitution, which guarantees equal protection under the law, and the Administrative Procedure Act, which sets rules for how federal administrative agencies propose regulations, make decisions and interact with the public.
What is being done to stop President Trump’s taxpayer-funded ads?
Campaign Legal Center Action and our partners have filed a federal lawsuit alleging that President Trump's ads violate the Administrative Procedure Act and the Fifth Amendment.
This lawsuit asks the court to immediately stop the Trump administration from airing these illegal and unconstitutional ads and ensure that not another taxpayer dollar is used to develop, create or air another piece of blatant political propaganda.
Do the administration's political ads also violate the Hatch Act?
On top of these ads violating the Administrative Procedure Act and the Fifth Amendment, they also violate the Hatch Act. The Hatch Act is a federal law that restricts government employees from using their official authority or government resources to influence elections or engage in partisan political activity. It is an essential safeguard against corruption.
As a result, in addition to the federal lawsuit, Campaign Legal Center filed a Hatch Act complaint with the U.S. Office of Special Counsel, the agency responsible for enforcing the Hatch Act.
As voters head to the polls, they should not be subject to the president using his administration and machinery of the government to influence electoral outcomes.
Campaign Legal Center Action and our partners are working to stop these unlawful ads, protect voters from government-sponsored political propaganda and defend the democratic principles that are the bedrocks of our democracy.