Montana · verified October 5, 2026

Montana AI laws for political campaigns

Disclosure required1 AI call rule2 political AI laws

Since 2025, Montana bars paying for or sponsoring an election communication that you know or should know is a deepfake of a candidate or party within 60 days of the start of voting, unless it carries the exact statutory AI disclosure; repeat violations become crimes.

Political ad AI law
Disclosure
When it applies
Within 60 days of the initiation of voting in an election at which a candidate for elective office appears on the ballot
Required AI disclaimer
Exact wording set by law
Criminal penalty
Yes
Candidate can sue
Yes
AI voice calls
1 state rule + TCPA

Political ads and deepfakes

Does Montana regulate AI in political ads?

Yes. SB 25 (2025 Mont. Laws ch. 541, codified at MCA 13-35-801 to 13-35-804) prohibits paying for or sponsoring the production, creation, or distribution of an election communication or electioneering communication that the sponsor knew or should have known is a deepfake of a candidate (including incumbents) or political party on the ballot, within 60 days of the initiation of voting. It is legal if it carries the statutory disclosure in the required size and placement. Enforcement starts with a complaint to the Commissioner of Political Practices (civil penalties), a second sufficiency finding is referred for misdemeanor prosecution, and a third for felony prosecution; aggrieved candidates and parties can also sue for an injunction, damages, up to $10,000 punitive damages, and attorney fees. Key law (SB 25 (2025), MCA 13-35-801 to 13-35-804 (2025 Mont. Laws ch. 541)).

SB 25 (2025): Deepfake regulation in election communications

In effect

Required disclaimer, word for word

“This _____ (image/audio/video/multimedia) has been significantly edited by artificial intelligence and depicts speech or conduct that falsely appears to be authentic or truthful”
Citation
MCA 13-35-801 to 13-35-804 (2025 Mont. Laws ch. 541)
Effective
October 1, 2025
When it applies
within 60 days of the initiation of voting in an election at which a candidate for elective office appears on the ballot
Media covered
AI-generated content (image, video, audio, multimedia, or text substantially created or modified by generative AI so as to materially alter its meaning) or synthetic media (realistic but false image, audio, or video of a person made with generative AI or other digital technology) that depicts a candidate or political party, with intent to injure the candidate's or party's reputation or otherwise deceive a voter, and that shows something that did not happen or gives a fundamentally different impression than the original. Minimal AI edits that do not change meaning are excluded.
Who it covers
a person, corporation, committee, political party, or other entity, working in an official election capacity, that pays for or sponsors the production, creation, or distribution of an election communication or electioneering communication
Rule
ban unless disclosed
Intent required
Sponsor knew or should have known the communication is a deepfake; the deepfake definition itself requires intent to injure the candidate's or party's reputation or otherwise deceive a voter.
Disclaimer format
Printed communication: bold font, at least 12 point. Television or video: clearly readable throughout the communication and at least 4% of the vertical picture height. Public internet communication with text or graphics: viewable without the user taking any action and large enough to be clearly readable. Audio component: at least 8 seconds long, spoken clearly and intelligibly at the beginning or end of the audio.
Exemptions
  • broadcasters, cable, satellite, streaming services, websites, programmers, or producers airing a deepfake in a bona fide newscast, news interview, documentary, or on-the-spot news coverage, if they acknowledge it may be AI-generated and inaccurate
  • broadcasters and platforms paid to air a deepfake, or required by federal law to air candidate ads
  • satire or parody
  • a distribution platform publishing an ad or a prerecorded phone message, if it shows its disclaimer requirements match the statute and it gave them to the purchaser
  • interactive computer services, information services, and telecommunications services for content provided by others
Criminal penalty
Second sufficiency finding by the Commissioner: referred for misdemeanor prosecution, up to $500 fine and/or 6 months in county jail. Third finding: referred for felony prosecution, up to $5,000 fine and/or 2 years in state prison.
Civil penalty
First sufficiency finding: civil penalties under MCA 13-37-128 imposed by the Commissioner of Political Practices or county attorney. In a private suit: actual damages, up to $10,000 punitive damages, costs, and reasonable attorney fees.
Who can sue
Yes. A candidate, or the political party representing the candidate, aggrieved by a violation may sue for an injunction, actual damages (damages need not be proved to get an injunction), up to $10,000 in punitive damages, costs, and attorney fees. Courts must expedite the case on a showing of present or ongoing harm. Plaintiff must prove the violation by clear and convincing evidence.
Injunction available
Yes
Court challenges
No court challenge found.
Notes
The phrase 'working in an official election capacity' in 13-35-802(1)(a) is unusual and its reach is untested; treat the rule as applying to every campaign, PAC, party, and vendor. Expressly contemplates prerecorded phone messages through the platform exemption, so AI voice deepfakes of candidates in calls are covered. Codified text, including the disclosure wording, confirmed on the Montana Code Annotated 2025 (History: En. Secs. 1 to 4, Ch. 541, L. 2025).

Read the official text

Bills to watch

  • None pending: Montana's legislature meets in odd years only; the next regular session begins January 2027. Public Citizen lists draft LC 1795 (2025) as failed.. No session in 2026

For campaigns and consultants

Before an AI ad runs in Montana

  • Within 60 days of the 'initiation of voting' (the statute does not define it; the cautious reading counts back from when absentee ballots go out), any AI-altered depiction of a candidate or party in your paid communications must carry the exact statutory disclosure.
  • Use the statutory wording: "This _____ (image/audio/video/multimedia) has been significantly edited by artificial intelligence and depicts speech or conduct that falsely appears to be authentic or truthful". In audio and robocalls it must run at least 8 seconds at the start or end.
  • In video, keep the disclosure on screen the entire time at 4% or more of the picture height; in print use bold 12 point or larger.
  • Do not use automated recorded or AI-voice calls to solicit information or gather data or statistics (polling, surveys) unless a live operator first gets the person's permission; that part of Montana's robocall law still stands.
  • Satire and parody are exempt, but make the parody obvious.

AI voice calls and texts

Can a campaign use AI voice calls in Montana?

Montana's automated telephone solicitation law (MCA 45-8-216) bans automated dialing systems that play recorded messages for listed purposes unless a live operator first gets the called party's permission, with a fine up to $2,500. The listed purpose 'promoting a political campaign or any use related to a political campaign' (subsection (1)(e)) was struck down as unconstitutional by the Ninth Circuit in Victory Processing, LLC v. Fox (2019), so political robocalls are no longer barred by that clause, although it remains in the printed code. The other listed purposes, including soliciting information and gathering data or statistics, were not struck and still apply, which can reach automated polling or survey calls. Separately, SB 25 covers AI deepfakes of candidates in prerecorded phone messages during the 60-day window unless the 8-second audio disclosure is included.

1991 Mont. Laws ch. 230: Unlawful automated telephone solicitation

In effect
Citation
MCA 45-8-216
Enacted
1991
When it applies
anytime
Media covered
automated telephone systems or devices that select and dial numbers and play recorded messages
Who it covers
any person using such a system to offer or promote goods or services, solicit information, gather data or statistics, or (struck as to political content) promote a political campaign
Rule
ban unless disclosed
Disclaimer format
Allowed if a live operator obtains the called party's permission before the recorded message is delivered, or for status updates on purchases, responses to inquiries, or calls within a preexisting business relationship.
Exemptions
  • live operator obtains permission before the recorded message
  • informing purchasers about the status of goods or services
  • responding to an inquiry initiated by the person
  • preexisting business relationship
Civil penalty
Fine of not more than $2,500 per violation (statute says 'subject to a fine').
Court challenges
Victory Processing, LLC v. Fox, No. 18-35163 (9th Cir. Sept. 10, 2019): subsection (1)(e), restricting automated calls promoting a political campaign, is content-based and fails strict scrutiny; district court reversed. The court noted a content-neutral live-operator rule for all robocalls might be analyzed differently.
Notes
Subsection (1)(e), political campaign calls, is unenforceable after Victory Processing v. Fox (9th Cir. 2019) but still appears in the 2025 MCA. Polling or survey robocalls may still fall under 'soliciting information' or 'gathering data or statistics'. Federal TCPA rules on artificial or prerecorded voices (including the FCC's 2024 ruling that AI voices are artificial) apply independently.

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 Montana

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 Montana compares

25 other jurisdictions share Montana's status (disclosure):

Alabama · Arizona · Colorado · Delaware · Florida · Idaho · Indiana · Kentucky · Louisiana · Maine · Michigan · Mississippi · Nevada · New Hampshire · New Mexico · New York · North Dakota · Oregon · Rhode Island · South Dakota · Tennessee · Utah · Vermont · Washington · Wisconsin

See Montana on the mapPolitical deepfake laws, all statesDisclaimer generatorMontana 2026 electionsMontana underdog paths to victory

HyperPhonebank

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

Yes. SB 25 (2025 Mont. Laws ch. 541, codified at MCA 13-35-801 to 13-35-804) prohibits paying for or sponsoring the production, creation, or distribution of an election communication or electioneering communication that the sponsor knew or should have known is a deepfake of a candidate (including incumbents) or political party on the ballot, within 60 days of the initiation of voting. It is legal if it carries the statutory disclosure in the required size and placement. Enforcement starts with a complaint to the Commissioner of Political Practices (civil penalties), a second sufficiency finding is referred for misdemeanor prosecution, and a third for felony prosecution; aggrieved candidates and parties can also sue for an injunction, damages, up to $10,000 punitive damages, and attorney fees. Key law (SB 25 (2025), MCA 13-35-801 to 13-35-804 (2025 Mont. Laws ch. 541)).

What AI disclaimer does Montana require on political ads?

SB 25 (2025), MCA 13-35-801 to 13-35-804 (2025 Mont. Laws ch. 541) requires: "This _____ (image/audio/video/multimedia) has been significantly edited by artificial intelligence and depicts speech or conduct that falsely appears to be authentic or truthful" Format: Printed communication: bold font, at least 12 point. Television or video: clearly readable throughout the communication and at least 4% of the vertical picture height. Public internet communication with text or graphics: viewable without the user taking any action and large enough to be clearly readable. Audio component: at least 8 seconds long, spoken clearly and intelligibly at the beginning or end of the audio.

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

Criminal: Second sufficiency finding by the Commissioner: referred for misdemeanor prosecution, up to $500 fine and/or 6 months in county jail. Third finding: referred for felony prosecution, up to $5,000 fine and/or 2 years in state prison. Civil: First sufficiency finding: civil penalties under MCA 13-37-128 imposed by the Commissioner of Political Practices or county attorney. In a private suit: actual damages, up to $10,000 punitive damages, costs, and reasonable attorney fees. Private lawsuits: Yes. A candidate, or the political party representing the candidate, aggrieved by a violation may sue for an injunction, actual damages (damages need not be proved to get an injunction), up to $10,000 in punitive damages, costs, and attorney fees. Courts must expedite the case on a showing of present or ongoing harm. Plaintiff must prove the violation by clear and convincing evidence.

When does the Montana political deepfake law apply?

within 60 days of the initiation of voting in an election at which a candidate for elective office appears on the ballot. It covers AI-generated content (image, video, audio, multimedia, or text substantially created or modified by generative AI so as to materially alter its meaning) or synthetic media (realistic but false image, audio, or video of a person made with generative AI or other digital technology) that depicts a candidate or political party, with intent to injure the candidate's or party's reputation or otherwise deceive a voter, and that shows something that did not happen or gives a fundamentally different impression than the original. Minimal AI edits that do not change meaning are excluded.

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

Montana's automated telephone solicitation law (MCA 45-8-216) bans automated dialing systems that play recorded messages for listed purposes unless a live operator first gets the called party's permission, with a fine up to $2,500. The listed purpose 'promoting a political campaign or any use related to a political campaign' (subsection (1)(e)) was struck down as unconstitutional by the Ninth Circuit in Victory Processing, LLC v. Fox (2019), so political robocalls are no longer barred by that clause, although it remains in the printed code. The other listed purposes, including soliciting information and gathering data or statistics, were not struck and still apply, which can reach automated polling or survey calls. Separately, SB 25 covers AI deepfakes of candidates in prerecorded phone messages during the 60-day window unless the 8-second audio disclosure is included. 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 Montana have?

This tracker counts 2 Montana 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 Montana?

None pending (Montana's legislature meets in odd years only; the next regular session begins January 2027. Public Citizen lists draft LC 1795 (2025) as failed.): No session in 2026.

Sources

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