West Virginia AI laws for political campaigns

Political ads and deepfakes

Does West Virginia regulate AI in political ads?

No. As of October 5, 2026, West Virginia has no state law that specifically regulates artificial intelligence or deepfakes in political ads or election communications. West Virginia has not enacted any law regulating AI, deepfakes, or synthetic media in political communications as of October 2026. HB 4963 (2024) passed the House 2024-02-27 but died in Senate Judiciary, and SB 484 (2025), which would have added W. Va. Code 3-8-12A on synthetic media disclosures and penalties, was reported from Senate Judiciary but never reached a floor vote. No election deepfake bill was introduced in the 2026 regular session; HB 4496 (2026), which would have required markers on AI-created videos generally, died in House Judiciary. General rules still apply, including the ban on anonymous political publications in W. Va. Code 3-8-12(a).

For campaigns and consultants

Before an AI ad runs in West Virginia

• No West Virginia statute requires an AI label on political ads, but federal law and other states' rules may apply to multi-state or federal races.
• Do not publish anything supporting or opposing a candidate anonymously (W. Va. Code 3-8-12(a)); always include who paid.
• Avoid AI depictions of opponents saying things they never said; defamation and federal fraudulent misrepresentation rules still apply.
• Watch the 2027 session: election deepfake bills have been filed in each of the last three sessions.

AI voice calls and texts

Can a campaign use AI voice calls in West Virginia?

West Virginia has no state law specific to AI or artificial voices in political calls, and we found no state ban on political robocalls. Campaign calls are governed by the federal TCPA and FCC rules (including the 2024 ruling that AI voices are "artificial" voices). West Virginia's telemarketing rules are aimed at commercial sales calls.

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 West Virginia

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 West Virginia compares

19 other jurisdictions share West Virginia's status (no law):

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

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