Disclosure required2 AI call rules4 political AI laws
New Mexico requires paid campaign ads that contain AI deepfakes to say "This ____ has been manipulated or generated by artificial intelligence" (filled with image, video or audio), and it is a crime to knowingly spread an unlabeled AI deepfake within 90 days of an election to mislead voters; since August 2026 the State Ethics Commission enforces the ad disclaimer only for ads that are campaign, coordinated or independent expenditures.
Political ad AI law
Disclosure
When it applies
Anytime
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 New Mexico regulate AI in political ads?
Yes. HB 182 (2024, Laws 2024, chapter 57) amended the Campaign Reporting Act. Any advertisement (the Act's definition includes recorded phone messages) that contains materially deceptive media, meaning AI-produced images, audio or video falsely showing a person's speech or conduct, must carry the statutory AI disclaimer in every language used (NMSA 1-19-26.4(D)); each failure is a separate violation subject to Campaign Reporting Act civil penalties. HB 182 also made it a violation of the Act, and a crime if willful and knowing, to distribute or agree to distribute materially deceptive media within 90 days before an election with intent to mislead voters and change their votes, unless the same disclaimer is included (NMSA 1-19-26.8; first conviction a misdemeanor, second a fourth degree felony). In July 2025 the Attorney General opined (Opinion 2025-09) that applying the disclaimer to satire and parody is unconstitutional, and on August 21, 2026 the State Ethics Commission resolved not to enforce the 1-19-26.4 disclaimer provisions for ads that are not campaign, coordinated or independent expenditures. Key law (HB 182 (2024), Laws 2024, chapter 57, NMSA 1978, 1-19-26.4(D) to (G)).
HB 182 (2024), Laws 2024, chapter 57: Disclaimers in advertisements; artificial intelligence; materially deceptive media
In effect
Required disclaimer, word for word
“This ____ has been manipulated or generated by artificial intelligence”
Citation
NMSA 1978, 1-19-26.4(D) to (G)
Enacted
March 5, 2024
Effective
May 15, 2024
When it applies
anytime
Media covered
advertisements (including recorded phone messages) containing materially deceptive media: AI-produced images, audio or video falsely depicting an individual's speech or conduct
Who it covers
a person who creates, produces or purchases an advertisement that contains materially deceptive media; the State Ethics Commission will enforce only where the ad is a campaign, coordinated or independent expenditure
Rule
disclosure required
Disclaimer format
Fill the blank with each of image, video or audio that describes the media. Clear and conspicuous, in every language used in the ad. Image: easily readable size. Video: for the duration of the video in an easily readable size. Audio only: clearly spoken at an easily heard pitch at the beginning and end, and at intervals of not more than two minutes if longer than two minutes. Mixed media: a disclaimer for each form of media used.
Exemptions
broadcasters and streaming services airing the ad in a bona fide newscast or news coverage that clearly acknowledges it was AI generated and inaccurate
broadcasters and streaming services paid to air the ad, if they have consistent disclaimer requirements and gave them to the buyer
distribution platforms publishing an ad or a prerecorded phone message, if they have consistent disclaimer requirements and gave them to the buyer
satire or parody only if it includes the disclaimer (the Attorney General considers requiring it for satire and parody unconstitutional)
Civil penalty
Each noncompliant ad is a separate violation subject to Campaign Reporting Act civil penalties under NMSA 1-19-34.6, enforced by the State Ethics Commission.
Court challenges
Attorney General Opinion 2025-09 (July 3, 2025) found the disclaimer unconstitutional as applied to satire and parody. State Ethics Commission Resolution 2026-12 (August 21, 2026) disavows enforcing 1-19-26.4 (subsections A to F) for any advertisement that is not a campaign, coordinated or independent expenditure, while keeping enforcement for ads made to support or oppose a candidate or ballot question.
Notes
Exact disclaimer wording confirmed from the enrolled bill (HB0182, final). Signed by the Governor March 5, 2024, Laws 2024, chapter 57; effective date is 90 days after the 2024 session adjourned under the state constitution.
HB 182 (2024), Laws 2024, chapter 57: Prohibited distribution of materially deceptive media; crime; exceptions; enforcement
In effect
Required disclaimer, word for word
“This ____ has been manipulated or generated by artificial intelligence”
Citation
NMSA 1978, 1-19-26.8
Enacted
March 5, 2024
Effective
May 15, 2024
When it applies
within 90 days before an election
Media covered
AI produced images, audio and video falsely depicting a person's speech or conduct
Who it covers
any person who distributes or enters an agreement with another person to distribute
Rule
ban unless disclosed
Intent required
knows the media falsely represents the depicted individual, and intends the distribution to alter voting behavior by misleading voters into believing the depicted individual said or did it, and the distribution is reasonably likely to do so; criminal penalties require a willful and knowing violation
Disclaimer format
Fill the blank with each of image, video or audio that describes the media. Clear and conspicuous, in every language used in the media. Image: easily readable size. Video: for the duration of the video. Audio only: clearly spoken at the beginning and end, and at intervals of not more than two minutes if longer than two minutes. Mixed media: a disclaimer for each form of media used.
Exemptions
media that carries the statutory disclaimer (no separate news, broadcaster, or satire exemption appears in 1-19-26.8)
Criminal penalty
Willful and knowing violation: misdemeanor on first conviction; fourth degree felony on a second conviction
Who can sue
The Attorney General, a district attorney, the falsely depicted individual, an injured candidate, or an organization representing voters likely to be misled may seek enforcement, including injunctive relief; other civil damages claims are preserved.
Injunction available
Yes
Notes
Text confirmed from the enrolled bill. Unlabeled AI deepfakes are the target; including the disclaimer is a complete safe harbor. The State Ethics Commission's August 2026 resolution addresses only 1-19-26.4, not this section.
HB 28 (2026): AI Transparency Act (general AI transparency, not election specific). Did not advance in the 2026 session (per secondary source)
HB 141 (2026): Artificial Intelligence Accountability Act (digital watermarking). Did not advance in the 2026 session (per secondary source)
For campaigns and consultants
Before an AI ad runs in New Mexico
If a paid ad shows a real person saying or doing something they did not, made with AI, include "This ____ has been manipulated or generated by artificial intelligence" (filled with image, video or audio) in every language used, on screen for the whole video and spoken at the start and end of audio.
Never release an unlabeled AI deepfake within 90 days of an election to mislead voters: it is a misdemeanor, and a fourth degree felony on a second conviction, and opponents, voter groups, the AG or a DA can sue.
For calls, every campaign or committee funded call that is part of 500 or more similar advocacy calls in a cycle must disclose who authorized or paid for it, and the script (and any recording) must be kept for 90 days after the election; do not hire a phone vendor that will not make the disclosure.
The State Ethics Commission will not enforce the ad disclaimer rules against ads that are not campaign, coordinated or independent expenditures, but the criminal 90 day rule is unaffected by that resolution.
AI voice calls and texts
Can a campaign use AI voice calls in New Mexico?
New Mexico has no AI-specific call statute, but two election rules reach AI voice calls. NMSA 1-19-26.3 bars spending campaign or political committee funds on a telephone call, when it is one of 500 or more similar calls in a cycle advocating for or against a candidate or ballot question, without disclosing to the recipient the name of the organization that authorized or paid for the call, and requires keeping the script, and a copy of any recorded message, for at least 90 days after election day. If an AI call uses a cloned voice of a real person saying things they did not say, the HB 182 AI disclaimer and 90 day criminal rule apply to that audio. The state's automated dialing rule (NMSA 57-12-22) covers prerecorded calls that sell goods or services, not political calls.
Campaign committee and political committee expenditures; disclosure; telephone calls; records
In effect
Citation
NMSA 1978, 1-19-26.3
When it applies
anytime; applies to calls that are part of 500 or more similar calls in an election cycle, made by people or by electronic means, advocating support for or opposition to a candidate
Media covered
telephone calls paid with campaign or political committee funds, including recorded messages
Who it covers
campaign committees and political committees
Rule
disclosure required
Disclaimer format
Disclose to the recipient the name of the organization or individual that authorized or paid for the call (the name used in Campaign Reporting Act filings or the commonly known name). Keep a record of the call script for at least 90 days after election day, plus a copy of the recording for recorded messages. Committees may not contract with a phone bank vendor that does not make the disclosure.
Notes
AI voice agent programs should archive the script and generated audio for 90 days after the election. Text read from a FindLaw copy.
HB 182 (2024): AI disclaimer and 90 day deepfake crime applied to audio
In effect
Required disclaimer, word for word
“This ____ has been manipulated or generated by artificial intelligence”
Citation
NMSA 1978, 1-19-26.4(D) and 1-19-26.8
Enacted
March 5, 2024
Effective
May 15, 2024
When it applies
disclaimer anytime for covered ads; crime within 90 days before an election
Media covered
audio depicting a real person's speech that they did not make, produced with AI
Who it covers
anyone who creates, produces or purchases an advertisement, which by definition includes recorded phone messages (disclaimer); any distributor (90 day crime)
Rule
ban unless disclosed
Intent required
for the crime: knowing falsity and intent to mislead voters to change votes
Disclaimer format
Fill the blank with audio. Clearly spoken at an easily heard pitch at the beginning and end, and at intervals of not more than two minutes if longer than two minutes, in every language used.
Exemptions
distribution platforms carrying a prerecorded phone message, if they have consistent disclaimer requirements and gave them to the buyer (1-19-26.4)
bona fide news coverage and paid broadcasters (1-19-26.4 only)
Criminal penalty
Misdemeanor; fourth degree felony on a second conviction
Who can sue
AG, district attorneys, the depicted person, affected candidates, voter organizations
Injunction available
Yes
Notes
The Campaign Reporting Act definition of advertisement expressly includes recorded phone messages.
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 New Mexico
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 New Mexico'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. HB 182 (2024, Laws 2024, chapter 57) amended the Campaign Reporting Act. Any advertisement (the Act's definition includes recorded phone messages) that contains materially deceptive media, meaning AI-produced images, audio or video falsely showing a person's speech or conduct, must carry the statutory AI disclaimer in every language used (NMSA 1-19-26.4(D)); each failure is a separate violation subject to Campaign Reporting Act civil penalties. HB 182 also made it a violation of the Act, and a crime if willful and knowing, to distribute or agree to distribute materially deceptive media within 90 days before an election with intent to mislead voters and change their votes, unless the same disclaimer is included (NMSA 1-19-26.8; first conviction a misdemeanor, second a fourth degree felony). In July 2025 the Attorney General opined (Opinion 2025-09) that applying the disclaimer to satire and parody is unconstitutional, and on August 21, 2026 the State Ethics Commission resolved not to enforce the 1-19-26.4 disclaimer provisions for ads that are not campaign, coordinated or independent expenditures. Key law (HB 182 (2024), Laws 2024, chapter 57, NMSA 1978, 1-19-26.4(D) to (G)).
What AI disclaimer does New Mexico require on political ads?
HB 182 (2024), Laws 2024, chapter 57, NMSA 1978, 1-19-26.4(D) to (G) requires: "This ____ has been manipulated or generated by artificial intelligence" Format: Fill the blank with each of image, video or audio that describes the media. Clear and conspicuous, in every language used in the ad. Image: easily readable size. Video: for the duration of the video in an easily readable size. Audio only: clearly spoken at an easily heard pitch at the beginning and end, and at intervals of not more than two minutes if longer than two minutes. Mixed media: a disclaimer for each form of media used. HB 182 (2024), Laws 2024, chapter 57, NMSA 1978, 1-19-26.8 requires: "This ____ has been manipulated or generated by artificial intelligence" Format: Fill the blank with each of image, video or audio that describes the media. Clear and conspicuous, in every language used in the media. Image: easily readable size. Video: for the duration of the video. Audio only: clearly spoken at the beginning and end, and at intervals of not more than two minutes if longer than two minutes. Mixed media: a disclaimer for each form of media used.
What is the penalty for a deceptive political deepfake in New Mexico?
Criminal: Willful and knowing violation: misdemeanor on first conviction; fourth degree felony on a second conviction. Private lawsuits: The Attorney General, a district attorney, the falsely depicted individual, an injured candidate, or an organization representing voters likely to be misled may seek enforcement, including injunctive relief; other civil damages claims are preserved.
When does the New Mexico political deepfake law apply?
anytime. It covers advertisements (including recorded phone messages) containing materially deceptive media: AI-produced images, audio or video falsely depicting an individual's speech or conduct.
Can a campaign use an AI voice for robocalls in New Mexico?
New Mexico has no AI-specific call statute, but two election rules reach AI voice calls. NMSA 1-19-26.3 bars spending campaign or political committee funds on a telephone call, when it is one of 500 or more similar calls in a cycle advocating for or against a candidate or ballot question, without disclosing to the recipient the name of the organization that authorized or paid for the call, and requires keeping the script, and a copy of any recorded message, for at least 90 days after election day. If an AI call uses a cloned voice of a real person saying things they did not say, the HB 182 AI disclaimer and 90 day criminal rule apply to that audio. The state's automated dialing rule (NMSA 57-12-22) covers prerecorded calls that sell goods or services, not political calls. 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 New Mexico have?
This tracker counts 4 New Mexico AI laws touching politics and elections as of October 5, 2026: 2 on elections, 2 on AI or artificial voice calls.
Are there pending AI election bills in New Mexico?
HB 28 (2026) (AI Transparency Act (general AI transparency, not election specific)): Did not advance in the 2026 session (per secondary source). HB 141 (2026) (Artificial Intelligence Accountability Act (digital watermarking)): Did not advance in the 2026 session (per secondary source).