Trump sued for using taxpayer money on campaign-style ads ahead of midterms

Democrats sued the Trump administration Wednesday for using taxpayer money on campaign-style television ads promoting President Donald Trump.

While Trump himself is not on the ballot this year, the Democratic National Committee (DNC)* argued the taxpayer-funded ad campaign is part of an effort to bolster Republicans as they struggle to keep control of Congress. 

“President Trump’s political propaganda ads are an attempt to resuscitate his historically low approval ratings and avoid widespread Republican defeats in the 2026 midterm election,” the Democrats wrote. “The President has nationalized the midterm election, made himself the center of a two-day ‘midterm convention,’ and repeatedly directed voters to ‘pretend that I am on the ballot.”

The advertisements carry explicit disclaimers saying they were paid for by the U.S. government. The Democrats argue that using public money for the campaign violates longstanding federal restrictions designed to prevent taxpayer money from being used to fund partisan political propaganda.

The lawsuit, filed in the U.S. District Court for the District of Columbia, seeks to stop the administration from using federal funds to develop, produce and air the advertisements.

The ads the lawsuit challenges aired just weeks before the Nov. 3 midterms and as voting has already begun in parts of the country, deepening concerns that the federal government is using taxpayer resources in ways that could improperly influence an ongoing election.

At issue is a $20 million government advertising campaign featuring Trump and paid for with money redirected from the Department of Homeland Security. Nearly $12 million worth of the ads had already aired by Wednesday.

One of the spots repurposes material from Trump’s 2024 presidential campaign, while others celebrate Trump and his current administration.

“The propaganda ads marshal government resources in support of the President’s party in advance of the 2026 midterm election,” the Democrats added. “Fundamentally, the ads undermine free and fair elections.”

Federal appropriations law has for decades barred agencies from using taxpayer money for unauthorized “publicity or propaganda.” The Government Accountability Office has interpreted that restriction to prohibit government communications that are purely partisan, self-aggrandizing or covert. Agency communications designed to aid a political party or candidate can fall within the prohibition.

The Trump administration has defended the advertisements as legitimate public service announcements, arguing that Trump himself is not on the ballot this year and that previous administrations also used federal money to promote government programs.

But the ads have drawn criticism from members of both parties, particularly because some closely resemble Trump campaign material and are airing while control of Congress is being decided. 

Trump has since said that his political operation, MAGA Inc., will pay for future advertisements, but he has not committed to reimbursing the federal government for the money already spent.

“Following a promise to cease using public funds and continue the ad campaign using a partisan super PAC, the Trump Administration has continued to air the ads at public expense and preserved MAGA Inc.’s funds for other political efforts adverse to Democratic candidates and the DNC,” the Democrats argued.

*Disclosure: The Elias Law Group (ELG) represents the DNC in elections cases, though it is not involved in this lawsuit. ELG Firm Chair Marc Elias is the founder of Democracy Docket.