Massachusetts · verified October 5, 2026

Massachusetts AI laws for political campaigns

No election AI lawFederal TCPA on AI calls1 political AI law

Massachusetts currently has no law on AI or deepfakes in political ads: a temporary 2024 ban (St. 2024, c. 238, s. 297) expired February 1, 2025, and the House-passed 2026 replacement bills stalled in the Senate when formal sessions ended July 31, 2026.

Political ad AI law
No law
When it applies
Within 90 days of an election with a candidate on the ballot
Required AI disclaimer
None required
Criminal penalty
No state rule
Candidate can sue
General law only
AI voice calls
Federal TCPA only

Political ads and deepfakes

Does Massachusetts regulate AI in political ads?

No. As of October 5, 2026, Massachusetts has no state law that specifically regulates artificial intelligence or deepfakes in political ads or election communications. No Massachusetts statute currently regulates AI-generated or deceptive synthetic media in political ads. Section 297 of Chapter 238 of the Acts of 2024 (the November 2024 economic development act) barred distributing materially deceptive audio or visual media with actual malice within 90 days of an election unless it carried the disclosure "This _____ has been manipulated.", but Section 318 of the same act repealed it effective February 1, 2025. In February 2026 the House passed H 5093 (ban on materially deceptive AI media with actual malice within 90 days of an election, with satire and parody exemptions) and H 5094 (AI disclosure at the beginning and end of synthetic audio or video political ads, fines up to $1,000), but both stalled in Senate Ways and Means and Public Citizen lists them as failed when formal sessions ended in July 2026. General election law, defamation, and federal rules still apply.

H 5100 (2024), Chapter 238 of the Acts of 2024, Section 297 (EXPIRED): Temporary ban on materially deceptive audio or visual media in elections (expired February 1, 2025)

Repealed

Required disclaimer, word for word

“This _____ has been manipulated.”
Citation
St. 2024, c. 238, s. 297 (uncodified; repealed by s. 318, effective 2025-02-01 under s. 323)
Enacted
November 20, 2024
Effective
November 20, 2024
When it applies
within 90 days of an election with a candidate on the ballot
Media covered
images and audio or video recordings of a candidate's appearance, speech, or conduct, or about the safety or regular operations of an election, that were fabricated or intentionally manipulated so they falsely appear authentic
Who it covers
any person, candidate, campaign committee, PAC, political issues committee, political party, or other entity
Rule
ban unless disclosed
Intent required
distribution with actual malice, with intent to injure a candidate's reputation or deceive a voter, or (for election operations content) intent to disrupt the integrity of the electoral process
Disclaimer format
Blank filled with image, video, or audio. Visual: easily readable and no smaller than the largest other text; video for the full duration. Audio: clearly spoken at the beginning and end, and every 2 minutes if longer than 2 minutes.
Exemptions
  • satire or parody
  • bona fide news coverage that acknowledges authenticity questions
  • broadcasters paid to air the media
  • news websites and periodicals that state the media is not accurate
  • interactive services under 47 U.S.C. 230
Who can sue
Depicted candidates (and the Attorney General, for injunctions) could seek injunctions; candidates could sue for damages and attorney fees on clear and convincing evidence.
Injunction available
Yes
Notes
Part of the 2024 economic development act (an emergency law approved in part by Gov. Healey on November 20, 2024). Section 318 repealed Section 297 effective February 1, 2025, so it never applied to a statewide election. Listed for history only; it does not bind 2026 campaigns.

Read the official text

No AI disclaimer is required by Massachusetts statute. Ads still need Massachusetts's standard paid-for-by disclosures, and a deepfake that defames a candidate or misleads voters about how to vote can still create liability under general law and federal rules. If your ad also runs in a neighboring state's media market, that state's AI law can apply.

Bills to watch

For campaigns and consultants

Before an AI ad runs in Massachusetts

  • There is no Massachusetts AI ad disclaimer requirement today, but AI attack ads became a live issue in the 2026 governor's race; disclose AI use anyway to avoid backlash and federal or platform problems.
  • Defamation, false-statement, and existing campaign finance disclaimer rules still apply to AI content.
  • Platforms and broadcasters often require AI disclosure on political ads; follow their rules.
  • Watch for H 5093 and H 5094 to be refiled in the 2027 to 2028 session.
  • For robocalls, follow federal TCPA rules on artificial and prerecorded voices, including the FCC's 2024 ruling that AI voices count as artificial.

AI voice calls and texts

Can a campaign use AI voice calls in Massachusetts?

No Massachusetts law specific to AI voices or political robocalls was confirmed. State telemarketing rules target commercial telephone solicitation; whether any Massachusetts automatic dialing rule reaches political calls could not be verified because the Legislature's website was unreachable. Federal TCPA rules on artificial or prerecorded voices apply.

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 Massachusetts

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 Massachusetts compares

19 other jurisdictions share Massachusetts's status (no law):

Alaska · Arkansas · Connecticut · District of Columbia · Georgia · Illinois · Iowa · Kansas · Missouri · Nebraska · New Jersey · North Carolina · Ohio · Oklahoma · Pennsylvania · South Carolina · Virginia · West Virginia · Wyoming

See Massachusetts on the mapPolitical deepfake laws, all statesDisclaimer generatorMassachusetts 2026 elections

HyperPhonebank

Voter contact that clears Massachusetts'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 Massachusetts regulate AI in political ads?

No. As of October 5, 2026, Massachusetts has no state law that specifically regulates artificial intelligence or deepfakes in political ads or election communications. No Massachusetts statute currently regulates AI-generated or deceptive synthetic media in political ads. Section 297 of Chapter 238 of the Acts of 2024 (the November 2024 economic development act) barred distributing materially deceptive audio or visual media with actual malice within 90 days of an election unless it carried the disclosure "This _____ has been manipulated.", but Section 318 of the same act repealed it effective February 1, 2025. In February 2026 the House passed H 5093 (ban on materially deceptive AI media with actual malice within 90 days of an election, with satire and parody exemptions) and H 5094 (AI disclosure at the beginning and end of synthetic audio or video political ads, fines up to $1,000), but both stalled in Senate Ways and Means and Public Citizen lists them as failed when formal sessions ended in July 2026. General election law, defamation, and federal rules still apply.

When does the Massachusetts political deepfake law apply?

within 90 days of an election with a candidate on the ballot. It covers images and audio or video recordings of a candidate's appearance, speech, or conduct, or about the safety or regular operations of an election, that were fabricated or intentionally manipulated so they falsely appear authentic.

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

No Massachusetts law specific to AI voices or political robocalls was confirmed. State telemarketing rules target commercial telephone solicitation; whether any Massachusetts automatic dialing rule reaches political calls could not be verified because the Legislature's website was unreachable. Federal TCPA rules on artificial or prerecorded voices 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 Massachusetts have?

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

Are there pending AI election bills in Massachusetts?

H 5093 (2026), An Act to protect against election misinformation (redraft of H 76) (Bans distributing materially deceptive AI-generated audio or visual media with actual malice within 90 days of an election; satire and parody exempt. Passed House 154 to 3 in February 2026.): Passed House 2026-02-11 (154 to 3); referred to Senate Ways and Means 2026-02-12; no further action in the archived bill history (May 2026). Formal sessions ended 2026-07-31; Public Citizen lists as failed. H 5094 (2026), An Act enhancing disclosure requirements for synthetic media in political advertising (redraft of H 846) (Requires synthetic media audio or video communications meant to influence votes for or against a candidate or ballot question to disclose AI-generated material at the beginning and end; fines up to $1,000. Passed House 157 to 0 in February 2026.): Stalled in Senate Ways and Means; Public Citizen lists as failed July 2026. S 2631 (2025), Sen. Michael Moore (re-filed from S 44) (Senate synthetic media in election communications bill (90-day window, disclosure safe harbor, per earlier SD 2932 summary)): Public Citizen lists as failed July 2026. Mass WINS Act (2026 economic development bill) (In conference committee as of September 2026; Gov. Healey asked for frontier AI safety provisions. No election deepfake provisions reported.): In conference.

Sources

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