South Dakota · verified October 5, 2026

South Dakota AI laws for political campaigns

Disclosure required1 AI call rule2 political AI laws

In South Dakota it is a Class 1 misdemeanor to spread an AI deepfake with intent to injure a candidate within 90 days of an election unless it carries the disclosure "This (image/video/audio) has been manipulated or generated by artificial intelligence.", and candidates and depicted people can sue.

Political ad AI law
Disclosure
When it applies
Within 90 days of an election
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 South Dakota regulate AI in political ads?

Yes. Since July 1, 2025, no person may, with intent to injure a candidate, disseminate a deepfake (or contract to disseminate one) within 90 days of an election if they know or reasonably should know it is a deepfake and it lacks the required disclosure. A deepfake is any image, audio, or video made or manipulated with AI or other digital technology so realistically that a reasonable person would believe it shows a real person's actual speech or conduct. Violations are a Class 1 misdemeanor; the Attorney General, an injured candidate, or the depicted person can seek an injunction, and the candidate and depicted person can sue for damages and attorney fees. Including the exact statutory disclosure is an affirmative defense. Key law (SB 164 (2025), SL 2025 ch. 68, S.D. Codified Laws 12-26-32 to 12-26-37).

SB 164 (2025), SL 2025 ch. 68: Prohibit the use of a deepfake to influence an election

In effect

Required disclaimer, word for word

“This (image/video/audio) has been manipulated or generated by artificial intelligence.”
Citation
S.D. Codified Laws 12-26-32 to 12-26-37
Enacted
March 31, 2025
Effective
July 1, 2025
When it applies
within 90 days of an election
Media covered
images, audio recordings, and video recordings created or manipulated with AI or other digital technology
Who it covers
any person who disseminates a deepfake or contracts to disseminate one
Rule
ban unless disclosed
Intent required
intent to injure a candidate, and knows or reasonably should know the item is a deepfake
Disclaimer format
Image or video: text easily readable by the average viewer, no smaller than the largest font of other text in the image or video, and superimposed over each deepfake. Audio: read clearly, in a pitch easily heard by the average listener, at the beginning and end of the recording.
Exemptions
  • satire or parody
  • radio, TV, cable, or satellite broadcasts of a deepfake in bona fide news coverage that clearly acknowledges questions about authenticity
  • broadcasters paid to broadcast or publish a deepfake
  • news websites, newspapers, magazines, and periodicals paid to publish a deepfake
  • interactive computer services, ISPs, domain, cloud, and hosting providers acting in a merely technical, automatic, or intermediate way
Criminal penalty
Class 1 misdemeanor (in South Dakota, up to 1 year in county jail, a $2,000 fine, or both)
Civil penalty
Damages, reasonable costs and attorney fees, and other relief to the candidate and the depicted individual
Who can sue
Yes. The injured candidate and the depicted individual may sue for damages (clear and convincing evidence that the defendant knowingly used a deepfake). The Attorney General, an injured or likely injured candidate, or the depicted person may seek an injunction.
Injunction available
Yes
Notes
The disclosure is framed as an affirmative defense to any action, not a standalone duty, so labeled deepfakes are lawful. Signed by the governor 2025-03-31 per the legislature's action log; no emergency clause, so it took effect on South Dakota's standard July 1 date.

Read the official text

Bills to watch

  • None: A search of all 2026 session bill titles (South Dakota Legislature API) found no election deepfake or AI political ad bills; the 2026 AI bills dealt with an AI task force (HB 1125), AI in therapy (HB 1144), and AI in health insurance decisions (SB 169).. No election AI bills pending; the 2026 session has adjourned

For campaigns and consultants

Before an AI ad runs in South Dakota

  • In the 90 days before a South Dakota election, never put out an AI-altered image, video, or audio of a real person that could hurt a candidate unless it carries the exact disclosure: "This (image/video/audio) has been manipulated or generated by artificial intelligence."
  • On images and video, superimpose it over each deepfake, at least as large as the biggest other text. On audio and robocalls, read it at the start and end.
  • Paid independent communications also need the standard independent expenditure disclaimer under SDCL 12-27-16.
  • Satire and parody are exempt, but the label is a complete defense, so use it.

AI voice calls and texts

Can a campaign use AI voice calls in South Dakota?

South Dakota has no AI-specific or political robocall statute. Its telemarketing law (SDCL 37-30A) and do-not-call rules apply to consumer sales calls, not political calls. The election deepfake law (SDCL 12-26-33) covers audio, so a robocall that uses an AI-manipulated voice of a real person to injure a candidate within 90 days of an election needs the spoken disclosure at the beginning and end; a generic AI voice that does not depict a real person is not a deepfake. South Dakota also bars caller ID spoofing (SDCL 49-31-31(5), added 2022). Federal TCPA rules govern AI voice calls to cell phones.

SB 164 (2025): Election deepfakes (audio)

In effect

Required disclaimer, word for word

“This (image/video/audio) has been manipulated or generated by artificial intelligence.”
Citation
S.D. Codified Laws 12-26-33 and 12-26-37
Enacted
March 31, 2025
Effective
July 1, 2025
When it applies
within 90 days of an election
Media covered
AI-generated or manipulated audio depicting a real person
Who it covers
any person
Rule
ban unless disclosed
Intent required
intent to injure a candidate
Disclaimer format
Read clearly, easily heard, at the beginning and end of the audio.
Exemptions
  • satire or parody
  • news broadcasts acknowledging authenticity questions
  • paid broadcasters and publishers
  • technical service providers
Criminal penalty
Class 1 misdemeanor
Civil penalty
Damages, costs, and attorney fees
Who can sue
Candidate and depicted individual
Injunction available
Yes

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 Dakota

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 Dakota compares

25 other jurisdictions share South Dakota's status (disclosure):

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

See South Dakota on the mapPolitical deepfake laws, all statesDisclaimer generatorSouth Dakota 2026 elections

HyperPhonebank

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

Yes. Since July 1, 2025, no person may, with intent to injure a candidate, disseminate a deepfake (or contract to disseminate one) within 90 days of an election if they know or reasonably should know it is a deepfake and it lacks the required disclosure. A deepfake is any image, audio, or video made or manipulated with AI or other digital technology so realistically that a reasonable person would believe it shows a real person's actual speech or conduct. Violations are a Class 1 misdemeanor; the Attorney General, an injured candidate, or the depicted person can seek an injunction, and the candidate and depicted person can sue for damages and attorney fees. Including the exact statutory disclosure is an affirmative defense. Key law (SB 164 (2025), SL 2025 ch. 68, S.D. Codified Laws 12-26-32 to 12-26-37).

What AI disclaimer does South Dakota require on political ads?

SB 164 (2025), SL 2025 ch. 68, S.D. Codified Laws 12-26-32 to 12-26-37 requires: "This (image/video/audio) has been manipulated or generated by artificial intelligence." Format: Image or video: text easily readable by the average viewer, no smaller than the largest font of other text in the image or video, and superimposed over each deepfake. Audio: read clearly, in a pitch easily heard by the average listener, at the beginning and end of the recording.

What is the penalty for a deceptive political deepfake in South Dakota?

Criminal: Class 1 misdemeanor (in South Dakota, up to 1 year in county jail, a $2,000 fine, or both). Civil: Damages, reasonable costs and attorney fees, and other relief to the candidate and the depicted individual. Private lawsuits: Yes. The injured candidate and the depicted individual may sue for damages (clear and convincing evidence that the defendant knowingly used a deepfake). The Attorney General, an injured or likely injured candidate, or the depicted person may seek an injunction.

When does the South Dakota political deepfake law apply?

within 90 days of an election. It covers images, audio recordings, and video recordings created or manipulated with AI or other digital technology.

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

South Dakota has no AI-specific or political robocall statute. Its telemarketing law (SDCL 37-30A) and do-not-call rules apply to consumer sales calls, not political calls. The election deepfake law (SDCL 12-26-33) covers audio, so a robocall that uses an AI-manipulated voice of a real person to injure a candidate within 90 days of an election needs the spoken disclosure at the beginning and end; a generic AI voice that does not depict a real person is not a deepfake. South Dakota also bars caller ID spoofing (SDCL 49-31-31(5), added 2022). Federal TCPA rules 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 Dakota have?

This tracker counts 2 South Dakota 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 South Dakota?

None (A search of all 2026 session bill titles (South Dakota Legislature API) found no election deepfake or AI political ad bills; the 2026 AI bills dealt with an AI task force (HB 1125), AI in therapy (HB 1144), and AI in health insurance decisions (SB 169).): No election AI bills pending; the 2026 session has adjourned.

Sources

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