South Carolina · verified October 5, 2026

South Carolina AI laws for political campaigns

No election AI lawFederal TCPA on AI calls1 political AI law

South Carolina has no law on AI or deepfakes in political ads (the 2025 to 2026 bill, H 3517, never left committee), and its old statute restricting political robocalls was struck down by the Fourth Circuit in 2015.

Political ad AI law
No law
When it applies
No state rule
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 South Carolina regulate AI in political ads?

No. As of October 5, 2026, South Carolina has no state law that specifically regulates artificial intelligence or deepfakes in political ads or election communications. South Carolina has not enacted any law regulating AI, synthetic media, or deepfakes in political advertising or election communications. H 3517, which would have barred distributing deceptive deepfakes of a candidate within 90 days of an election unless disclosed, was referred to House Judiciary in January 2025 and never received further action; it died when the 2025 to 2026 session ended. General defamation and election fraud laws still apply.

No AI disclaimer is required by South Carolina statute. Ads still need South Carolina'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

  • H 3517 (126th General Assembly, 2025 to 2026): Deceptive and fraudulent deepfake media in elections: would have added S.C. Code 7-25-230 barring distribution of deceptive deepfakes of a candidate within 90 days of an election unless they carry required disclosure language, with injunctions and damages for the depicted candidate. Failed. Prefiled 2024-12-05, referred to House Judiciary 2025-01-14, no further action; Public Citizen lists it as failed May 2026.

For campaigns and consultants

Before an AI ad runs in South Carolina

  • There is no South Carolina AI disclaimer rule, but deceptive deepfakes of opponents still carry defamation risk and may trigger platform and broadcaster policies.
  • Federal rules still apply: TCPA consent rules for AI or prerecorded voice calls to cell phones, and FCC broadcast rules.
  • If you buy ads that also reach Georgia or North Carolina audiences, check those states' rules.
  • Expect H 3517 style legislation to be refiled when the 127th General Assembly convenes in January 2027.

AI voice calls and texts

Can a campaign use AI voice calls in South Carolina?

South Carolina's automatically dialed announcing device statute (S.C. Code 16-17-446) expressly includes "calls of a political nature including, but not limited to, calls relating to political campaigns" and bars such recorded-message calls unless the recipient asked for them or has a business relationship with the caller. In Cahaly v. LaRosa (4th Cir. 2015) the Fourth Circuit held this anti-robocall statute is a content-based speech restriction that fails strict scrutiny, so it is not enforceable against political robocalls, although it remains printed in the Code. There is no AI-specific call law. Federal TCPA rules (including the FCC's February 2024 ruling that AI voices are "artificial" voices) govern AI voice calls to cell phones.

1988 Act No. 656, amended 1991 Act No. 89: Regulation of automatically dialed announcing device (ADAD)

Blocked in court
Citation
S.C. Code 16-17-446
When it applies
anytime
Media covered
automatically dialed devices delivering a recorded message without a live operator, expressly including political calls
Who it covers
anyone placing ADAD calls, including political campaigns
Rule
ban
Disclaimer format
As written: ADAD calls allowed only on the recipient's express request, for an existing debt or contract, or with an existing or previous business relationship; permitted calls must disconnect when the called party hangs up, may not be made after 7 p.m. or before 8 a.m., and may not ring hospitals, police and fire stations, nursing homes, hotels, or vacation rentals.
Criminal penalty
As written, the penalty cross-references S.C. Code 16-17-445(F), which was deleted in 2018
Injunction available
No
Court challenges
Cahaly v. LaRosa, 796 F.3d 399 (4th Cir. 2015), affirming 25 F. Supp. 3d 817 (D.S.C. 2014): held the statute is a content-based restriction that fails strict scrutiny. The Code's own annotation flags the case on the statute's validity.
Notes
Treat as unenforceable for political robocalls, but it has not been repealed. The penalty section it relies on (16-17-445) was deleted by 2018 Act No. 218; telephone solicitation rules now sit in Title 37, Chapter 21, which covers consumer sales calls.

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 South Carolina

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 South Carolina compares

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

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

See South Carolina on the mapPolitical deepfake laws, all statesDisclaimer generatorSouth Carolina 2026 electionsSouth Carolina underdog paths to victory

HyperPhonebank

Voter contact that clears South Carolina'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 South Carolina regulate AI in political ads?

No. As of October 5, 2026, South Carolina has no state law that specifically regulates artificial intelligence or deepfakes in political ads or election communications. South Carolina has not enacted any law regulating AI, synthetic media, or deepfakes in political advertising or election communications. H 3517, which would have barred distributing deceptive deepfakes of a candidate within 90 days of an election unless disclosed, was referred to House Judiciary in January 2025 and never received further action; it died when the 2025 to 2026 session ended. General defamation and election fraud laws still apply.

Can a campaign use an AI voice for robocalls in South Carolina?

South Carolina's automatically dialed announcing device statute (S.C. Code 16-17-446) expressly includes "calls of a political nature including, but not limited to, calls relating to political campaigns" and bars such recorded-message calls unless the recipient asked for them or has a business relationship with the caller. In Cahaly v. LaRosa (4th Cir. 2015) the Fourth Circuit held this anti-robocall statute is a content-based speech restriction that fails strict scrutiny, so it is not enforceable against political robocalls, although it remains printed in the Code. There is no AI-specific call law. Federal TCPA rules (including the FCC's February 2024 ruling that AI voices are "artificial" voices) govern AI voice calls to cell phones. 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 South Carolina have?

This tracker counts 1 South Carolina AI law touching politics and elections as of October 5, 2026: 1 on AI or artificial voice calls.

Are there pending AI election bills in South Carolina?

H 3517 (126th General Assembly, 2025 to 2026) (Deceptive and fraudulent deepfake media in elections: would have added S.C. Code 7-25-230 barring distribution of deceptive deepfakes of a candidate within 90 days of an election unless they carry required disclosure language, with injunctions and damages for the depicted candidate): Failed. Prefiled 2024-12-05, referred to House Judiciary 2025-01-14, no further action; Public Citizen lists it as failed May 2026.

Sources

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