State of New York

Trump Administration Taxpayer Funded Political Ads Challenge (Common Cause)

Common Cause v. Department of Homeland Security

A pro-voting lawsuit challenging the Trump Administration’s use of taxpayer dollars to fund ads “glorifying” President Trump nationwide.

Background

Common Cause (CC) and a coalition of plaintiffs filed a lawsuit against the Trump administration — including the Department of Homeland Security, Secretary Markwayne Mullin, Office of Management and Budget director Russell Vought, the Executive Office of the President, and White House Chief of Staff Susie Wiles — for spending taxpayer dollars on ads “glorifying” President Donald Trump to support Republican candidates in violation of congressional restrictions on using appropriated funds for unauthorized “publicity or propaganda.” Plaintiffs alleged Trump told the Office of Management and Budget (OMB) director to find the money within the government, for ads that disclosed they were “Paid for by the United States Government.” Plaintiffs argue the political ads violate the Administrative Procedure Act and the U.S. Constitution. The lawsuit asks the court to block the Trump administration from producing and airing the tax-payer funded political ads.

Why it matters

This is the latest effort of the Trump Administration to undermine the midterm election. “Using taxpayer funds to pay for political ads disregards decades of an unequivocal Congressional mandate that public money not be used to benefit candidates for public office or political causes,” Democracy Forward, the attorneys for the case, asserts. “For nearly 90 years, the Hatch Act has prohibited federal employees from using their positions to engage in political activities.”

Latest Updates:

  • Nov. 20, 2026: The court will hold a hearing on the plaintiff’s motion for a preliminary injunction.
  • Oct. 30, 2026: The court will hold a conference to discuss the extension of the temporary restraining order to include ads developed by the Executive Office but disseminated by a Super PAC.
  • Oct. 28, 2026: Defendants filed their opposition to the Plaintiffs’ extension of the temporary restraining order. The court granted, in part, the plaintiffs’ motion to compel. Plaintiffs filed an amended complaint.
  • Oct. 26, 2026: Defendants filed their opposition to the Plaintiff’s motion to compel discovery.
  • Oct. 23, 2026: Plaintiffs ask for an extension of the temporary restraining order to include ads developed by the Executive Office but disseminated by a Super PAC.
  • Oct. 22, 2026: The court extended the temporary restraining order through Nov. 20.
  • Oct. 21, 2026: Plaintiffs filed a motion to compel discovery.
  • Oct. 14, 2026: The court held a hearing on whether the Trump administration violated the court’s temporary restraining order when it ran ads after the order was issued. The court also extended the temporary restraining order through the midterms.
  • Oct. 12, 2026: Plaintiffs filed a notice with the court detailing the blocked political ads airing on television on Oct. 11-12. DHS filed its status report stating it is now in compliance with the temporary restraining order.
  • Oct. 11, 2026: The court granted Plaintiff’s motion for a Temporary Restraining Order.
  • Oct. 10, 2026: Defendants filed their brief in opposition of a Temporary Restraining Order.
  • Oct. 8, 2026: Plaintiffs filed a motion for a Temporary Restraining Order.
  • Oct. 7, 2026: Plaintiffs filed their complaint.

Case Documents