Minnesota · verified October 5, 2026

Minnesota AI laws for political campaigns

Prohibits deceptive AI in election media1 AI call rule2 political AI laws

Minnesota makes it a crime to spread a realistic election deepfake of a candidate without consent in the 90 days before a party convention or once absentee voting has started, a disclaimer does NOT make it legal, and a convicted candidate can lose the nomination or office.

Political ad AI law
Prohibition
When it applies
Within 90 days before a political party nominating convention, or after the start of absentee voting for a presidential nomination primary, state or local primary, or general election (as amended in 2024)
Required AI disclaimer
No label safe harbor
Criminal penalty
Yes
Candidate can sue
Yes
AI voice calls
1 state rule + TCPA

Political ads and deepfakes

Does Minnesota regulate AI in political ads?

Yes. Minn. Stat. 609.771 bans disseminating (or contracting to disseminate) a deep fake, meaning realistic AI or technically manipulated video, audio, image, or photo of someone saying or doing something they did not, if it is done without the depicted person's consent, with intent to injure a candidate or influence an election, and during the protected window (90 days before a party nominating convention, or any time after absentee voting has begun for a primary or general election). Unlike most states there is no disclaimer safe harbor and no express satire or parody exemption, although courts have read the realism requirement to exclude content clearly labeled as parody. Penalties run from a 90-day misdemeanor up to 5 years in prison for repeat offenders, a convicted state or local candidate forfeits the nomination or office, and prosecutors, the depicted person, or an injured candidate can get an injunction. Two federal First Amendment challenges are pending but the law remains in force. Key law (HF 1370 (2023), amended by HF 4772 (2024), Minn. Stat. 609.771).

HF 1370 (2023), amended by HF 4772 (2024): Use of deep fake technology to influence an election

In effect
Citation
Minn. Stat. 609.771
Enacted
May 26, 2023
Effective
August 1, 2023
When it applies
within 90 days before a political party nominating convention, or after the start of absentee voting for a presidential nomination primary, state or local primary, or general election (as amended in 2024)
Media covered
any video recording, motion-picture film, sound recording, electronic image, or photograph (or technological representation substantially derived from one) so realistic that a reasonable person would believe it shows real speech or conduct, whose production depended substantially on technical means rather than a human impersonator
Who it covers
any person who disseminates a deep fake or enters into a contract or agreement to have one disseminated
Rule
ban
Intent required
Person knows, or acts with reckless disregard about whether, the item is a deep fake; dissemination is without the depicted individual's consent; and it is made with intent to injure a candidate or influence the result of an election. (The original 2023 text used a 'knows or reasonably should know' standard.)
Exemptions
  • Broadcasters and cable or satellite systems that air a candidate-produced deep fake they are required by federal law to carry
  • No express exemption for news, satire, or parody; the Eighth Circuit (Kohls v. Ellison, 2026) held that videos clearly labeled as parody are not deep fakes because a reasonable person would not believe them real
Criminal penalty
Up to 90 days jail and/or $1,000 fine; up to 364 days and/or $3,000 if done with intent to cause violence or bodily harm; up to 5 years and/or $10,000 if within 5 years of a prior conviction under this section.
Civil penalty
A candidate for state or local office convicted under this section forfeits the nomination or office, and a convicted candidate or other individual is disqualified from appointment to that office or any other office for which the Legislature may set qualifications (added 2024).
Who can sue
Injunctive relief only (no damages): the Attorney General, a county or city attorney, the depicted individual, or a candidate who is injured or likely to be injured may sue to stop dissemination.
Injunction available
Yes
Court challenges
Kohls v. Ellison (D. Minn. No. 24-cv-3754): preliminary injunction denied Jan. 10, 2025 (commentator Christopher Kohls lacked standing; Rep. Mary Franson had standing but unreasonably delayed). Eighth Circuit affirmed Feb. 9, 2026 (No. 25-1300, Colloton, Loken and Benton), reasoning that videos clearly labeled as parody are not deep fakes because a reasonable person would not believe them real; rehearing en banc was reportedly denied in March 2026. The case continues on the merits in district court. X Corp. v. Ellison (D. Minn. No. 0:25-cv-01649): on Dec. 2, 2025 the court dismissed X's Section 230 claim for lack of standing; X's First Amendment claim was stayed. As of October 2026 no court has blocked the law.
Notes
2023 Minn. Laws ch. 58, sec. 2; amended by 2024 Minn. Laws ch. 112, art. 2, secs. 76 to 78 (window, mens rea, candidate forfeiture). Covers AI audio, so an AI voice clone of a candidate in a call or voicemail is covered. No change to the statute in the 2025 or 2026 sessions per the Revisor history.

Read the official text

Bills to watch

  • None pending: No bill amending 609.771 or adding an AI political ad disclaimer was enacted in the 2025 or 2026 sessions. The 2025 to 2026 biennium has ended, so all unpassed bills are dead. Public Citizen lists SF 4029 (2024) as failed.. No election AI bills pending until the 2027 session

For campaigns and consultants

Before an AI ad runs in Minnesota

  • Do not distribute any realistic AI or manipulated image, video, or audio of a candidate without that person's consent once you are within 90 days of a party convention or absentee voting has opened. A disclaimer does not cure it.
  • Absentee voting in Minnesota opens about 46 days before an election, so for practical purposes treat the whole primary and general election season as covered.
  • Parody is only safe if it is obviously not real. Label it clearly as parody or satire and make it unrealistic.
  • Candidates face forfeiture of their nomination or office if convicted, so vet every vendor and volunteer asset, including AI voice in calls and voicemails.
  • Robocalls with prerecorded or synthesized voices require prior consent or a live operator who gets consent first. Plan live-agent intros for any AI voice program.

AI voice calls and texts

Can a campaign use AI voice calls in Minnesota?

Minnesota's automatic dialing-announcing device law expressly covers devices that play a 'prerecorded or synthesized voice message' and defines a message as any call regardless of content, so it reaches political robocalls and AI voice calls. A caller may not use such a device unless the subscriber knowingly requested or consented to the message, or a live operator first introduces the call and gets the subscriber's consent before the message plays. Calls must also be made between 9 a.m. and 9 p.m. and the device must disconnect within 10 seconds of hang-up. Separately, an AI voice clone of a candidate used to influence an election inside the 609.771 window is a crime.

1987 Minn. Laws ch. 294 (amended 2009 and later): Automatic dialing-announcing devices

In effect
Citation
Minn. Stat. 325E.26 to 325E.31
Enacted
1987
When it applies
anytime
Media covered
automated calls that select and dial numbers and play a prerecorded or synthesized voice message (AI generated voices fall within 'synthesized')
Who it covers
any caller, including campaigns, PACs, and vendors; 'message' means any call regardless of content
Rule
ban unless disclosed
Disclaimer format
Prior request or consent of the subscriber, or a live operator must obtain consent before the recorded or synthesized message plays (325E.27). Calls only between 9:00 a.m. and 9:00 p.m. (325E.30). Device must disconnect within 10 seconds after the subscriber hangs up (325E.28). Live-operator-preceded messages must identify the organization and purpose (325E.29).
Exemptions
  • school district messages to students, parents, or staff
  • messages to subscribers with a current business or personal relationship with the caller
  • work schedule messages to employees
  • certain nonprofit clothing-donation calls for disabled veterans
Civil penalty
Attorney General may seek civil penalties of up to $50,000 (325E.31).
Who can sue
Yes. Violations carry the remedies of Minn. Stat. 8.31, including a private action for damages, costs, and attorney fees.
Injunction available
Yes
Notes
Not AI-specific, but the statutory definition naming 'synthesized voice' makes it directly applicable to AI voice agents. A live human who uses AI only to assist (not to deliver a recorded or synthesized message) is not an automatic dialing-announcing device call.

Read the official text

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 Minnesota

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 Minnesota compares

2 other jurisdictions share Minnesota's status (prohibition):

Maryland · Texas

See Minnesota on the mapPolitical deepfake laws, all statesDisclaimer generatorMinnesota 2026 electionsMinnesota underdog paths to victory

HyperPhonebank

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

Yes. Minn. Stat. 609.771 bans disseminating (or contracting to disseminate) a deep fake, meaning realistic AI or technically manipulated video, audio, image, or photo of someone saying or doing something they did not, if it is done without the depicted person's consent, with intent to injure a candidate or influence an election, and during the protected window (90 days before a party nominating convention, or any time after absentee voting has begun for a primary or general election). Unlike most states there is no disclaimer safe harbor and no express satire or parody exemption, although courts have read the realism requirement to exclude content clearly labeled as parody. Penalties run from a 90-day misdemeanor up to 5 years in prison for repeat offenders, a convicted state or local candidate forfeits the nomination or office, and prosecutors, the depicted person, or an injured candidate can get an injunction. Two federal First Amendment challenges are pending but the law remains in force. Key law (HF 1370 (2023), amended by HF 4772 (2024), Minn. Stat. 609.771).

What AI disclaimer does Minnesota require on political ads?

Minnesota does not prescribe exact wording. Minn. Stat. 609.771 bans disseminating (or contracting to disseminate) a deep fake, meaning realistic AI or technically manipulated video, audio, image, or photo of someone saying or doing something they did not, if it is done without the depicted person's consent, with intent to injure a candidate or influence an election, and during the protected window (90 days before a party nominating convention, or any time after absentee voting has begun for a primary or general election). Unlike most states there is no disclaimer safe harbor and no express satire or parody exemption, although courts have read the realism requirement to exclude content clearly labeled as parody. Penalties run from a 90-day misdemeanor up to 5 years in prison for repeat offenders, a convicted state or local candidate forfeits the nomination or office, and prosecutors, the depicted person, or an injured candidate can get an injunction. Two federal First Amendment challenges are pending but the law remains in force.

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

Criminal: Up to 90 days jail and/or $1,000 fine; up to 364 days and/or $3,000 if done with intent to cause violence or bodily harm; up to 5 years and/or $10,000 if within 5 years of a prior conviction under this section. Civil: A candidate for state or local office convicted under this section forfeits the nomination or office, and a convicted candidate or other individual is disqualified from appointment to that office or any other office for which the Legislature may set qualifications (added 2024). Private lawsuits: Injunctive relief only (no damages): the Attorney General, a county or city attorney, the depicted individual, or a candidate who is injured or likely to be injured may sue to stop dissemination.

When does the Minnesota political deepfake law apply?

within 90 days before a political party nominating convention, or after the start of absentee voting for a presidential nomination primary, state or local primary, or general election (as amended in 2024). It covers any video recording, motion-picture film, sound recording, electronic image, or photograph (or technological representation substantially derived from one) so realistic that a reasonable person would believe it shows real speech or conduct, whose production depended substantially on technical means rather than a human impersonator.

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

Minnesota's automatic dialing-announcing device law expressly covers devices that play a 'prerecorded or synthesized voice message' and defines a message as any call regardless of content, so it reaches political robocalls and AI voice calls. A caller may not use such a device unless the subscriber knowingly requested or consented to the message, or a live operator first introduces the call and gets the subscriber's consent before the message plays. Calls must also be made between 9 a.m. and 9 p.m. and the device must disconnect within 10 seconds of hang-up. Separately, an AI voice clone of a candidate used to influence an election inside the 609.771 window is a crime. 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 Minnesota have?

This tracker counts 2 Minnesota AI laws touching politics and elections as of October 5, 2026: 1 on elections, 1 on AI or artificial voice calls.

Are there pending AI election bills in Minnesota?

None pending (No bill amending 609.771 or adding an AI political ad disclaimer was enacted in the 2025 or 2026 sessions. The 2025 to 2026 biennium has ended, so all unpassed bills are dead. Public Citizen lists SF 4029 (2024) as failed.): No election AI bills pending until the 2027 session.

Sources

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