Hawaii · verified October 5, 2026

Hawaii AI laws for political campaigns

Law blocked in courtFederal TCPA on AI calls1 political AI law

Hawaii's 2024 election deepfake law (Act 191, HRS 11-301 to 11-304) is permanently blocked: a federal court struck it down as unconstitutional on January 30, 2026, so it cannot be enforced in the 2026 elections.

Political ad AI law
Blocked in court
When it applies
From the first working day of February in each even-numbered year through the next general election
Required AI disclaimer
None required
Criminal penalty
No, civil only
Candidate can sue
No
AI voice calls
Federal TCPA only

Political ads and deepfakes

Does Hawaii regulate AI in political ads?

Yes, but a court has blocked enforcement. Act 191 (2024) barred recklessly distributing materially deceptive AI or digitally created election advertisements from the first working day of February in even-numbered years through the general election, unless the media carried a disclaimer, and gave candidates and voter groups the right to sue. On January 30, 2026, the U.S. District Court for the District of Hawaii (Babylon Bee, LLC and Dawn O'Brien v. Lopez) held the law facially unconstitutional under the First and Fourteenth Amendments and permanently enjoined the Attorney General, Campaign Spending Commission members, and the Honolulu prosecutor from enforcing it. No appeal appears on the docket; later entries concern the State paying plaintiffs' attorney fees. Key law (SB 2687 (2024), HRS 11-301 to 11-304 (2024 Haw. Sess. Laws Act 191; core rule at HRS 11-303)).

SB 2687 (2024): Materially deceptive media in elections

Blocked in court
Citation
HRS 11-301 to 11-304 (2024 Haw. Sess. Laws Act 191; core rule at HRS 11-303)
Enacted
July 3, 2024
Effective
July 3, 2024
When it applies
from the first working day of February in each even-numbered year through the next general election
Media covered
advertisements (video, image, or audio) depicting a person saying or doing something they did not, realistic enough to fool a reasonable viewer, created by GAN or machine learning techniques, AI, or digital technology
Who it covers
any person who recklessly distributes, or agrees to distribute, the media
Rule
ban unless disclosed
Intent required
reckless distribution in reckless disregard of the risk of harming a candidate's reputation or electoral prospects or changing voters' behavior
Disclaimer format
No fixed wording: the disclaimer had to inform the viewer that the media has been manipulated by technical means and depicts appearance, speech, or conduct that did not occur. Video: throughout the entire video, clearly readable, letters at least as large as the largest text, same language. Image: clearly readable, at least as large as the largest text. Audio only: read at the beginning and end, clearly spoken, easily heard pitch, same language. Edited media also had to cite the original unedited sources.
Exemptions
  • broadcasters, cable operators, and satellite providers not involved in creating the media
  • interactive computer services, cloud providers, streaming services, and AI tool developers for third-party content, unless they knew it was deceptive and intended to deceive Hawaii residents
Criminal penalty
Petty misdemeanor; misdemeanor for a repeat within 5 years; class C felony if intended to cause violence or bodily harm (all now enjoined)
Civil penalty
Campaign Spending Commission fines (now enjoined)
Who can sue
Depicted individuals, candidates, and organizations representing voters could sue for damages and injunctions (now enjoined).
Injunction available
Yes
Court challenges
The Babylon Bee, LLC and Dawn O'Brien v. Anne E. Lopez et al., No. 1:25-cv-00234-SASP-KJM (D. Haw.). Filed 2025-06-04. On 2026-01-30 Judge Shanlyn A.S. Park granted plaintiffs summary judgment (ECF 47), finding Act 191 a content-based restriction that fails strict scrutiny, an unconstitutional compelled disclaimer, and void for vagueness, and permanently enjoined the State defendants from enforcing it. Clerk's judgment entered 2026-01-30 (ECF 48). No notice of appeal was filed; the 30-day appeal deadline passed in early March 2026, and the last docket entries (through 2026-05-19) are stipulations extending fee deadlines pending legislative appropriation and payment.
Notes
Treat this law as unenforceable. Signed as Act 191 on 2024-07-03 and effective on approval. It applied to ballot measure ads too. The statute remains on the books unless repealed.

Read the official text

For campaigns and consultants

Before an AI ad runs in Hawaii

  • Hawaii's deepfake disclaimer rule cannot be enforced in 2026 because of the permanent injunction, so there is no state AI label requirement right now.
  • Keep using Hawaii's standard paid-for-by and authorization disclaimers on all advertisements.
  • Deceptive AI depictions of real people can still lead to defamation or false light lawsuits.
  • Watch for a narrower replacement bill in the 2027 legislative session.

AI voice calls and texts

Can a campaign use AI voice calls in Hawaii?

Hawaii has no enforceable state rule specific to AI voices in political calls. Act 191 would have required a spoken disclaimer at the start and end of audio-only deceptive media, but it is permanently enjoined. Federal TCPA rules, including the FCC's 2024 ruling that AI-generated voices are artificial voices, still govern robocalls into Hawaii.

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 Hawaii

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.

FCC, FEC and the federal preemption fight

How Hawaii compares

0 other jurisdictions share Hawaii's status (blocked in court).

See Hawaii on the mapPolitical deepfake laws, all statesDisclaimer generatorHawaii 2026 elections

HyperPhonebank

Voter contact that clears Hawaii'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.

Frequently asked questions

Does Hawaii regulate AI in political ads?

Yes, but a court has blocked enforcement. Act 191 (2024) barred recklessly distributing materially deceptive AI or digitally created election advertisements from the first working day of February in even-numbered years through the general election, unless the media carried a disclaimer, and gave candidates and voter groups the right to sue. On January 30, 2026, the U.S. District Court for the District of Hawaii (Babylon Bee, LLC and Dawn O'Brien v. Lopez) held the law facially unconstitutional under the First and Fourteenth Amendments and permanently enjoined the Attorney General, Campaign Spending Commission members, and the Honolulu prosecutor from enforcing it. No appeal appears on the docket; later entries concern the State paying plaintiffs' attorney fees. Key law (SB 2687 (2024), HRS 11-301 to 11-304 (2024 Haw. Sess. Laws Act 191; core rule at HRS 11-303)).

What AI disclaimer does Hawaii require on political ads?

Hawaii does not prescribe exact wording. Act 191 (2024) barred recklessly distributing materially deceptive AI or digitally created election advertisements from the first working day of February in even-numbered years through the general election, unless the media carried a disclaimer, and gave candidates and voter groups the right to sue. On January 30, 2026, the U.S. District Court for the District of Hawaii (Babylon Bee, LLC and Dawn O'Brien v. Lopez) held the law facially unconstitutional under the First and Fourteenth Amendments and permanently enjoined the Attorney General, Campaign Spending Commission members, and the Honolulu prosecutor from enforcing it. No appeal appears on the docket; later entries concern the State paying plaintiffs' attorney fees.

What is the penalty for a deceptive political deepfake in Hawaii?

Criminal: Petty misdemeanor; misdemeanor for a repeat within 5 years; class C felony if intended to cause violence or bodily harm (all now enjoined). Civil: Campaign Spending Commission fines (now enjoined). Private lawsuits: Depicted individuals, candidates, and organizations representing voters could sue for damages and injunctions (now enjoined).

When does the Hawaii political deepfake law apply?

from the first working day of February in each even-numbered year through the next general election. It covers advertisements (video, image, or audio) depicting a person saying or doing something they did not, realistic enough to fool a reasonable viewer, created by GAN or machine learning techniques, AI, or digital technology.

Can a campaign use an AI voice for robocalls in Hawaii?

Hawaii has no enforceable state rule specific to AI voices in political calls. Act 191 would have required a spoken disclaimer at the start and end of audio-only deceptive media, but it is permanently enjoined. Federal TCPA rules, including the FCC's 2024 ruling that AI-generated voices are artificial voices, still govern robocalls into Hawaii. 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 Hawaii have?

This tracker counts 1 Hawaii AI law touching politics and elections as of October 5, 2026: 1 on elections.

Sources

Verified October 5, 2026 against official legislature and statute pages. This page summarizes Hawaii law for campaigns and is not legal advice.