Could 2026 Bring an End To Campaign Finance Limits as We Know Them?
- Zack Arnold
- Dec 23, 2025
- 2 min read
The Supreme Court is Expected to Decide Whether or not to Allow Coordinated Expenditures by mid-2026. Yet the FEC is currently not enforcing these limits. So, How Should You Prepare?
The Supreme Court has begun hearings on a case that could change campaign finance as we know it. Earlier this month (Tuesday December 9th) was the first day of oral arguments.
Earlier this year, President Trump directed the FEC to stop enforcing contribution limits on coordinated expenditures. Furthermore, the FEC “has declined to defend the provision of federal law at issue” (The Guardian). This reflects the current state of the FEC, which is still unable to take any enforcement action even if it wanted to because only two of six commissioner spots are currently filled. A quorum (at least four of six spots being filled) is required to begin enforcement.
So, have there been any examples yet of campaigns and their committees ignoring the coordination limits? There doesn’t appear to be any public evidence. Currently, campaigns are in a bit of a grey area, where they are still legally obligated to comply with the existing law, but if they don’t comply, the agency that would investigate and issue fines and punishment lacks the capacity and, under current executive direction, the mandate to enforce the coordinated expenditure limits while the litigation is ongoing.
FEC investigations are the main way the public finds out about these kinds of campaign finance law violations. Public campaign finance reports candidates and committees file aren’t enough to prove coordination - that requires investigation and uncovering internal emails, messages, documents, and other communication that demonstrates coordination. If the FEC isn’t investigating, we won’t know.
While the outcome is uncertain, several justices appeared open to reconsidering the limits. A ruling striking down the coordinated expenditure limits could open the floodgates to a new era of coordination between candidates, parties, and outside groups, fundamentally altering how campaigns are financed and run.
Depending on the scope of the Court’s ruling, activities that are currently restricted for super PACs, party committees, 501(c)(4)s, and other outside groups such as direct and sustained communication with the candidate campaigns they support could become permissible. This could include closer strategic alignment, the sharing of campaign insights, and potentially deeper operational integration involving staff, consultants, and media planning.
Campaigns and committees need to tread very carefully during this time. Regulatory uncertainty creates compliance risk, regardless of how this case ends up. Proactive compliance planning is crucial.
Want to talk about how your campaign or federal PAC can be ready for the possible changes in 2026? Let’s talk.
Further reading:
Amy Howe, SCOTUS Blog: Supreme Court difficult to read in case on campaign finance limitations
The Guardian: US supreme court weighs challenge to campaign spending limits in JD Vance case
