Disclosure required2 AI call rules3 political AI laws
In the 90 days before a Delaware election it is a crime to distribute a deepfake of a candidate or party without the depicted person's consent unless it carries the exact disclosure "This (image/video/audio) has been altered or artificially generated."
Political ad AI law
Disclosure
When it applies
Within 90 days before an election
Required AI disclaimer
Exact wording set by law
Criminal penalty
Yes
Candidate can sue
Yes
AI voice calls
2 state rules + TCPA
Political ads and deepfakes
Does Delaware regulate AI in political ads?
Yes. Delaware makes it a class B misdemeanor to distribute, or contract to distribute, a deepfake of a candidate or political party within 90 days before an election without the depicted person's consent, when the distributor knows or reasonably should know it is a deepfake. A deepfake is synthetic media made with intent to injure a candidate or party or otherwise deceive a voter. Including the statutory disclosure, sized and placed as the law requires, removes the violation. Depicted candidates can also sue in the Court of Chancery for an expedited injunction and damages. Key law (HB 316 w/ HS 1 (2024), 15 Del. C. 5145 (84 Del. Laws, c. 487)).
HB 316 w/ HS 1 (2024): Use of deep fake technology to influence an election; penalty; injunctive relief
In effect
Required disclaimer, word for word
“This (image/video/audio) has been altered or artificially generated.”
Citation
15 Del. C. 5145 (84 Del. Laws, c. 487)
Enacted
October 9, 2024
Effective
October 9, 2024
When it applies
within 90 days before an election
Media covered
images, audio recordings, and video recordings of a person's appearance, speech, or conduct created or manipulated with generative adversarial network techniques or other digital technology to be realistic but false
Who it covers
any person who distributes a deepfake or enters a contract or agreement to distribute one
Rule
ban unless disclosed
Intent required
The media must depict a candidate or political party with intent to injure the candidate's or party's reputation or otherwise deceive a voter; the distributor must know or reasonably should know it is a deepfake; and the depicted individual did not consent.
Disclaimer format
The words "image", "video" or "audio" appear in the statute as written in parentheses; use the one that fits. Visual media: text easily readable by the average viewer and no smaller than the largest font size of other text in the media; for video, the disclosure must appear for the duration of the video. Audio-only media (if no visual disclosure is feasible): read in a clearly spoken manner and an easily understood pitch at the beginning and end, and if longer than 2 minutes, repeated at intervals of not more than 2 minutes.
Exemptions
broadcasters, cable and satellite operators, mobile apps, websites, and streaming platforms airing the deepfake in bona fide news coverage that acknowledges questions about its authenticity, or where federal law requires airing a legally qualified candidate's ad
websites and regularly published newspapers, magazines, and periodicals carrying news and commentary that clearly state the media does not accurately represent the depicted person
satire or parody
interactive computer services, information services, and telecommunications services for content provided by others (47 U.S.C. 230 and 153)
activity to detect, prevent, or respond to fraud, security incidents, and other illegal activity
Criminal penalty
Class B misdemeanor. Class A misdemeanor if committed with intent to cause violence or bodily harm, or within 5 years of a prior conviction under this section.
Who can sue
A candidate depicted in a deepfake may bring an expedited action for injunctive relief and damages in the Court of Chancery; the court may award the prevailing party reasonable attorney fees and costs.
Injunction available
Yes
Notes
The original act also exempted broadcasters and platforms paid to air a deepfake if they made good faith verification efforts; that exemption (subsection (d)(2)) sunset one year after enactment and now reads "[Repealed.]" in the Delaware Code. Applies to deepfakes of political parties as well as candidates. The consent element means a campaign's own AI depiction of its own candidate, made with the candidate's consent, is outside the ban. No AI election bill was found among the 2025 to 2026 (153rd General Assembly) bill titles and synopses.
Within 90 days of any Delaware election, put "This (image/video/audio) has been altered or artificially generated." on any AI-altered depiction of an opposing candidate or party.
For video, keep the disclosure on screen for the full length; match it to the largest text size used.
For audio-only spots and AI voice calls depicting a candidate, speak the disclosure at the start and the end, and every 2 minutes if longer than 2 minutes.
Get written consent before using an AI likeness or cloned voice of your own candidate or surrogates.
Remember the standard Delaware "Paid for by" line still applies to campaign ads worth $500 or more, including telephone communications.
AI voice calls and texts
Can a campaign use AI voice calls in Delaware?
Delaware has no statute specific to AI voices in phone calls. Its election deepfake law covers audio, so an AI-cloned voice of a candidate in a call or voicemail within 90 days of an election, made without that candidate's consent and meant to injure or deceive, requires the spoken disclosure at the start and end of the audio. Delaware's campaign finance law treats telephone as a communications medium, so paid political calls worth $500 or more need a "Paid for by" statement. Federal TCPA rules on artificial voices also apply.
HB 316 w/ HS 1 (2024): Audio deepfake disclosure
In effect
Required disclaimer, word for word
“This (image/video/audio) has been altered or artificially generated.”
Citation
15 Del. C. 5145(c)(3)
Enacted
October 9, 2024
Effective
October 9, 2024
When it applies
within 90 days before an election
Media covered
audio-only media, including calls and voicemails, containing a deepfake of a candidate or party
Who it covers
any person distributing or contracting to distribute the audio
Rule
ban unless disclosed
Intent required
intent to injure a candidate or party or deceive a voter; knows or reasonably should know it is a deepfake; no consent from the depicted individual
Disclaimer format
Spoken clearly in an easily understood pitch at the beginning and end; if over 2 minutes, repeated at intervals of not more than 2 minutes.
Exemptions
see election entry
Criminal penalty
Class B misdemeanor (Class A with intent to cause violence or for a repeat offense within 5 years)
Who can sue
Depicted candidate may seek expedited injunction and damages in Court of Chancery
Injunction available
Yes
Notes
An AI voice agent speaking as itself, not impersonating a real person, is not a deepfake under this section.
Identification of purchaser (paid for by) on campaign advertisements
In effect
Required disclaimer, word for word
“Paid for by [name of political committee or other person paying for such advertisement].”
Citation
15 Del. C. 8002(7) and 8021
When it applies
anytime
Media covered
campaign and third-party advertisements in any communications media, which the code defines to include telephone
Who it covers
candidate committees, political parties, and third parties paying for advertisements
Rule
disclosure required
Disclaimer format
Applies to advertisements with fair market value of $500 or more. Third-party ads must add "Learn more about [name of person] at [Commissioner of Elections' web address]." The Commissioner may set medium-specific size, placement, and duration rules.
Exemptions
printed items smaller than 9 square inches
Notes
Not AI-specific. Whether the Commissioner's regulations apply this to individual phone calls was not confirmed.
Federal floor everywhere: AI-generated voices are “artificial” voices under the TCPA (FCC, February 2024), so they need prior express consent to cell phones and must identify the caller at the start of the call. AI robocall laws in every state
Federal layer
Federal rules that apply in Delaware
At the federal level, the binding rules that hit AI in campaigns today are the TCPA and FCC robocall rules, not any AI-specific election law. Since February 2024 the FCC treats AI-generated voices as "artificial" voices, so AI voice calls to cell phones need prior express consent (political calls included), AI or prerecorded political calls to landlines are limited to three per 30 days without consent, and every such message must identify the caller, give a callback number and offer an opt-out. The FEC says its existing fraudulent misrepresentation ban covers AI, but it has had no quorum since April 2025 and cannot enforce. Proposed FCC rules on AI disclosure in broadcast political ads and in AI calls were never adopted, and no federal AI political ad disclaimer bill has passed. Federal efforts to preempt state AI laws (a 2025 moratorium the Senate struck 99 to 1, and Executive Order 14365) have not displaced any state election or robocall law as of October 2026.
Voter contact that clears Delaware's AI rules before the first dial.
Live professional callers and AI voice programs for voter ID, persuasion, ballot chase and GOTV, scripted to the disclosure and consent rules on this page, with every call graded and a real time dashboard.
Yes. Delaware makes it a class B misdemeanor to distribute, or contract to distribute, a deepfake of a candidate or political party within 90 days before an election without the depicted person's consent, when the distributor knows or reasonably should know it is a deepfake. A deepfake is synthetic media made with intent to injure a candidate or party or otherwise deceive a voter. Including the statutory disclosure, sized and placed as the law requires, removes the violation. Depicted candidates can also sue in the Court of Chancery for an expedited injunction and damages. Key law (HB 316 w/ HS 1 (2024), 15 Del. C. 5145 (84 Del. Laws, c. 487)).
What AI disclaimer does Delaware require on political ads?
HB 316 w/ HS 1 (2024), 15 Del. C. 5145 (84 Del. Laws, c. 487) requires: "This (image/video/audio) has been altered or artificially generated." Format: The words "image", "video" or "audio" appear in the statute as written in parentheses; use the one that fits. Visual media: text easily readable by the average viewer and no smaller than the largest font size of other text in the media; for video, the disclosure must appear for the duration of the video. Audio-only media (if no visual disclosure is feasible): read in a clearly spoken manner and an easily understood pitch at the beginning and end, and if longer than 2 minutes, repeated at intervals of not more than 2 minutes.
What is the penalty for a deceptive political deepfake in Delaware?
Criminal: Class B misdemeanor. Class A misdemeanor if committed with intent to cause violence or bodily harm, or within 5 years of a prior conviction under this section. Private lawsuits: A candidate depicted in a deepfake may bring an expedited action for injunctive relief and damages in the Court of Chancery; the court may award the prevailing party reasonable attorney fees and costs.
When does the Delaware political deepfake law apply?
within 90 days before an election. It covers images, audio recordings, and video recordings of a person's appearance, speech, or conduct created or manipulated with generative adversarial network techniques or other digital technology to be realistic but false.
Can a campaign use an AI voice for robocalls in Delaware?
Delaware has no statute specific to AI voices in phone calls. Its election deepfake law covers audio, so an AI-cloned voice of a candidate in a call or voicemail within 90 days of an election, made without that candidate's consent and meant to injure or deceive, requires the spoken disclosure at the start and end of the audio. Delaware's campaign finance law treats telephone as a communications medium, so paid political calls worth $500 or more need a "Paid for by" statement. Federal TCPA rules on artificial voices also apply. Under federal law, the FCC ruled in February 2024 that AI-generated voices are "artificial" voices under the Telephone Consumer Protection Act, so prerecorded or AI voice calls to cell phones need prior express consent, and every such call must identify the caller at the start.
How many political AI laws does Delaware have?
This tracker counts 3 Delaware AI laws touching politics and elections as of October 5, 2026: 1 on elections, 2 on AI or artificial voice calls.