Washington · verified October 5, 2026

Washington AI laws for political campaigns

Disclosure required2 AI call rules5 political AI laws

In Washington a candidate can sue the sponsor of a deepfake electioneering communication for damages and an injunction unless it carries the label "This (image/video/audio) has been manipulated", and committees must report the AI vendor behind any synthetic media they pay for.

Political ad AI law
Disclosure
When it applies
Electioneering communications only: broadcast, cable, satellite, radio, digital communication, mail, billboard, newspaper, or periodical ads that clearly identify a state, local, or judicial candidate, are distributed within 60 days before that candidate's election, and cost $1,000 or more (RCW 29B.10.220)
Required AI disclaimer
Exact wording set by law
Criminal penalty
No, civil only
Candidate can sue
Yes
AI voice calls
2 state rules + TCPA

Political ads and deepfakes

Does Washington regulate AI in political ads?

Yes. Washington's 2023 law (ESSB 5152, first codified at RCW 42.62 and recodified as RCW 29B.35.010 to 29B.35.030 on January 1, 2026) lets a candidate whose appearance, action, or speech is altered by synthetic media in an electioneering communication sue the sponsor for an injunction and damages, with attorney fees to the prevailing party. Including the statutory disclosure is an affirmative defense, so the practical rule is: label it or risk a lawsuit. There are no fines or criminal penalties, and the plaintiff must prove synthetic media by clear and convincing evidence. Since June 2024, Public Disclosure Commission rules also require committees to report synthetic media use, the AI vendor, and audience targeting on their expenditure reports. Key law (ESSB 5152 (2023), Laws of 2023 ch. 360, RCW 29B.35.010 to 29B.35.030 (formerly RCW 42.62.020 to 42.62.040; recodified by Laws of 2024 ch. 164 effective Jan. 1, 2026)).

ESSB 5152 (2023), Laws of 2023 ch. 360: Electioneering communications: use of synthetic media

In effect

Required disclaimer, word for word

“This (image/video/audio) has been manipulated”
Citation
RCW 29B.35.010 to 29B.35.030 (formerly RCW 42.62.020 to 42.62.040; recodified by Laws of 2024 ch. 164 effective Jan. 1, 2026)
Enacted
May 9, 2023
Effective
July 23, 2023
When it applies
Electioneering communications only: broadcast, cable, satellite, radio, digital communication, mail, billboard, newspaper, or periodical ads that clearly identify a state, local, or judicial candidate, are distributed within 60 days before that candidate's election, and cost $1,000 or more (RCW 29B.10.220)
Media covered
Images, audio recordings, and video recordings of an individual's appearance, speech, or conduct intentionally manipulated with generative adversarial network techniques or other digital technology to create a realistic but false depiction that a reasonable person would believe is real and that gives a fundamentally different impression than the unaltered original
Who it covers
Sponsors of electioneering communications. The medium is not liable unless it removes the disclosure or itself alters the content into synthetic media; federally licensed broadcasters airing ads subject to 47 U.S.C. 315 are not liable.
Rule
ban unless disclosed
Intent required
None stated for the sponsor; the media itself must be intentionally manipulated. Plaintiff must prove synthetic media by clear and convincing evidence.
Disclaimer format
Visual media: text easily readable by the average viewer and no smaller than the largest font size of other text in the media (or easily readable if there is no other text); for video, shown for the full duration. Audio only: read in a clearly spoken manner and a pitch easily heard by the average listener, at the beginning and end, and every two minutes or less if longer than two minutes.
Exemptions
  • the disseminating medium (unless it removes the disclosure or creates the synthetic media)
  • broadcast licensees transmitting communications subject to 47 U.S.C. 315
  • interactive computer services for third-party content
  • communications outside the electioneering communication definition (for example, ads reported as a candidate's own committee expenditure are excluded from that definition by RCW 29B.10.220)
Civil penalty
General or special damages against the sponsor, plus reasonable attorney fees and costs to the prevailing party. The statute says it is not a violation of the campaign finance chapter and does not authorize PDC enforcement.
Who can sue
The depicted candidate may sue the sponsor for injunctive or other equitable relief and for general or special damages.
Injunction available
Yes
Notes
Courts are encouraged to decide these cases expediently. The statute quotes the disclosure as "This (image/video/audio) has been manipulated," with the comma belonging to the sentence, so no ending punctuation is prescribed; use the word that matches the medium. Including it is an affirmative defense to the candidate's suit. The disclosure is in addition to, and cannot replace, normal sponsor identification (WAC 390-18-035). Because the law is tied to the narrow "electioneering communication" definition (60 days, $1,000, state, local, or judicial candidates), many candidate committee ads and all federal races fall outside it. Recodified from RCW 42.62 to RCW 29B.35 by Laws of 2024 ch. 164, effective Jan. 1, 2026; RCW 29B.35.020 still cross-references the old RCW 42.62.020.

Read the official text

Bills to watch

  • HB 1442 (2023 to 2024): Defining synthetic media in campaigns for elective office (House companion to SB 5152). Dead, Jan. 2024 (superseded by enacted SB 5152)

For campaigns and consultants

Before an AI ad runs in Washington

  • Put "This (image/video/audio) has been manipulated" (use the one word that fits) on any ad that uses AI to alter a real person's look, voice, or actions, sized at least as large as the biggest text in the ad and on screen for the whole video.
  • For audio and robocalls, say the disclosure at the start and end, and every two minutes for long audio.
  • Report synthetic media on PDC expenditure reports: name the AI or software vendor, the ad seller, and any audience targeting (WAC 390-16-037 and 390-16-063).
  • Keep the regular sponsor identification; on telephone ads it must be spoken (WAC 390-18-010).
  • Washington also criminalizes knowingly distributing a forged digital likeness to defraud, harass, threaten, or intimidate (2025 HB 1205), which can reach malicious candidate deepfakes outside the ad rules.

AI voice calls and texts

Can a campaign use AI voice calls in Washington?

Washington has no AI-specific rule for political calls and no ban on political robocalls: its automatic dialing and announcing device ban (RCW 80.36.400) covers only commercial solicitation. Political calls are still political advertising, so the sponsor must be clearly identified or spoken on telephone ads (WAC 390-18-010). If a paid call uses an AI clone of a real person's voice, it is "synthetic media": the expenditure report must name the AI vendor (WAC 390-16-037(3)), and if the call is an electioneering communication the spoken "This audio has been manipulated." defense applies.

PDC rules: Sponsor identification on telephone political advertising

In effect
Citation
WAC 390-18-010(4)
Media covered
Political advertising and electioneering communications by telephone
Who it covers
Sponsors of political advertising
Disclaimer format
Required sponsor identification must be clearly identified or spoken in advertising on radio, by telephone, or on television.
Notes
Not AI-specific; applies to AI voice calls like any other call.

Read the official text

PDC rules (WSR 24-12-019, updated by WSR 26-01-209): Expenditure reporting for synthetic media

In effect
Citation
WAC 390-16-037(3)
Effective
June 24, 2024
Media covered
Any expenditure using synthetic media (realistic manipulated image, audio, or video of a real individual) to create or distribute political advertising
Who it covers
Candidates and political committees filing expenditure reports
Notes
Must identify the vendor of the software or digital technology used to create the synthetic media, the commercial advertiser, and any audience targeting. The rule's own example lists robocall GOTV vendors, so AI-voice robocalls that clone a real person's voice fall in.

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

AI and election administration laws

Other Washington AI laws that touch elections

PDC rulemaking (WSR 24-12-019; WSR 26-01-209): Campaign finance disclosure of AI and synthetic media

WAC 390-16-037(3), 390-16-063(6), 390-18-035, 390-18-050(7)(g)(iv) · effective June 24, 2024

Committees must list synthetic media use, the AI or software vendor, the ad seller, and audience targeting on expenditure and independent expenditure (C-6) reports, and commercial advertisers must keep records of any AI technology they provided to make synthetic media for political ads, open to public inspection. Synthetic media disclaimers are in addition to normal sponsor identification.

Official text

SHB 1205 (2025), Laws of 2025 ch. 51: Knowing distribution of a forged digital likeness

RCW 9A.60.045(1)(c) · effective July 27, 2025

General criminal law, not election-specific: knowingly distributing a forged digital likeness (a digitally created or altered image or voice recording of an identifiable person, indistinguishable from the real thing and likely to deceive) as genuine, with intent to defraud, harass, threaten, or intimidate or for another unlawful purpose, is criminal impersonation in the second degree, a gross misdemeanor. It can reach malicious deepfakes of candidates or election officials, but it expressly does not reach content of political, newsworthy, or public interest, including commentary, satire, and parody.

Official text

Federal layer

Federal rules that apply in Washington

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 Washington compares

25 other jurisdictions share Washington'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 · South Dakota · Tennessee · Utah · Vermont · Wisconsin

See Washington on the mapPolitical deepfake laws, all statesDisclaimer generatorWashington 2026 electionsWashington underdog paths to victory

HyperPhonebank

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

Yes. Washington's 2023 law (ESSB 5152, first codified at RCW 42.62 and recodified as RCW 29B.35.010 to 29B.35.030 on January 1, 2026) lets a candidate whose appearance, action, or speech is altered by synthetic media in an electioneering communication sue the sponsor for an injunction and damages, with attorney fees to the prevailing party. Including the statutory disclosure is an affirmative defense, so the practical rule is: label it or risk a lawsuit. There are no fines or criminal penalties, and the plaintiff must prove synthetic media by clear and convincing evidence. Since June 2024, Public Disclosure Commission rules also require committees to report synthetic media use, the AI vendor, and audience targeting on their expenditure reports. Key law (ESSB 5152 (2023), Laws of 2023 ch. 360, RCW 29B.35.010 to 29B.35.030 (formerly RCW 42.62.020 to 42.62.040; recodified by Laws of 2024 ch. 164 effective Jan. 1, 2026)).

What AI disclaimer does Washington require on political ads?

ESSB 5152 (2023), Laws of 2023 ch. 360, RCW 29B.35.010 to 29B.35.030 (formerly RCW 42.62.020 to 42.62.040; recodified by Laws of 2024 ch. 164 effective Jan. 1, 2026) requires: "This (image/video/audio) has been manipulated" Format: Visual media: text easily readable by the average viewer and no smaller than the largest font size of other text in the media (or easily readable if there is no other text); for video, shown for the full duration. Audio only: read in a clearly spoken manner and a pitch easily heard by the average listener, at the beginning and end, and every two minutes or less if longer than two minutes.

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

Civil: General or special damages against the sponsor, plus reasonable attorney fees and costs to the prevailing party. The statute says it is not a violation of the campaign finance chapter and does not authorize PDC enforcement. Private lawsuits: The depicted candidate may sue the sponsor for injunctive or other equitable relief and for general or special damages.

When does the Washington political deepfake law apply?

Electioneering communications only: broadcast, cable, satellite, radio, digital communication, mail, billboard, newspaper, or periodical ads that clearly identify a state, local, or judicial candidate, are distributed within 60 days before that candidate's election, and cost $1,000 or more (RCW 29B.10.220). It covers Images, audio recordings, and video recordings of an individual's appearance, speech, or conduct intentionally manipulated with generative adversarial network techniques or other digital technology to create a realistic but false depiction that a reasonable person would believe is real and that gives a fundamentally different impression than the unaltered original.

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

Washington has no AI-specific rule for political calls and no ban on political robocalls: its automatic dialing and announcing device ban (RCW 80.36.400) covers only commercial solicitation. Political calls are still political advertising, so the sponsor must be clearly identified or spoken on telephone ads (WAC 390-18-010). If a paid call uses an AI clone of a real person's voice, it is "synthetic media": the expenditure report must name the AI vendor (WAC 390-16-037(3)), and if the call is an electioneering communication the spoken "This audio has been manipulated." defense applies. 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.

Does Washington have other AI election laws beyond political ads?

Yes. PDC rulemaking (WSR 24-12-019; WSR 26-01-209), Campaign finance disclosure of AI and synthetic media: Committees must list synthetic media use, the AI or software vendor, the ad seller, and audience targeting on expenditure and independent expenditure (C-6) reports, and commercial advertisers must keep records of any AI technology they provided to make synthetic media for political ads, open to public inspection. Synthetic media disclaimers are in addition to normal sponsor identification. SHB 1205 (2025), Laws of 2025 ch. 51, Knowing distribution of a forged digital likeness: General criminal law, not election-specific: knowingly distributing a forged digital likeness (a digitally created or altered image or voice recording of an identifiable person, indistinguishable from the real thing and likely to deceive) as genuine, with intent to defraud, harass, threaten, or intimidate or for another unlawful purpose, is criminal impersonation in the second degree, a gross misdemeanor. It can reach malicious deepfakes of candidates or election officials, but it expressly does not reach content of political, newsworthy, or public interest, including commentary, satire, and parody.

How many political AI laws does Washington have?

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

Are there pending AI election bills in Washington?

HB 1442 (2023 to 2024) (Defining synthetic media in campaigns for elective office (House companion to SB 5152)): Dead, Jan. 2024 (superseded by enacted SB 5152).

Sources

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