{ "title": "State AI Law Tracker 2026", "publisher": "The Political Group", "url": "https://www.thepoliticalgroup.com/ai-laws", "license": "https://creativecommons.org/licenses/by/4.0/", "as_of": "2026-10-05", "builtAt": "2026-10-05T16:52:47.732Z", "asOf": "2026-10-05", "states": [ { "abbr": "AL", "name": "Alabama", "slug": "alabama", "last_verified": "2026-10-05", "headline": "Distributing a knowingly false AI deepfake of a candidate within 90 days of an Alabama election to harm the candidate and deceive voters is a crime unless it carries a disclaimer that the media was manipulated by technical means and depicts speech or conduct that did not occur.", "election": { "status": "disclosure", "summary": "Alabama's 2024 law (HB 172, Act 2024-349, Ala. Code 17-5-16.1) makes it a crime to distribute AI-produced materially deceptive image, audio or video of a person within 90 days before an election, knowing it is false and intending to harm a candidate and deceive voters. A disclaimer stating the media was manipulated by technical means and depicts speech or conduct that did not occur is a safe harbor (the statute offers suggested wording that is sufficient but not mandatory), and edited real footage must also cite the original source. A first offense is a Class A misdemeanor and a repeat within five years is a Class D felony, and the Attorney General, the person depicted, an injured candidate or a voter group can get a permanent injunction.", "laws": [ { "bill": "HB 172 (2024), Act 2024-349", "citation": "Ala. Code 17-5-16.1", "title": "Distribution of materially deceptive media to influence an upcoming election", "enacted": "2024-05-16", "effective": "2024-10-01", "official_url": "https://alison.legislature.state.al.us/code-of-alabama?section=17-5-16.1", "media_covered": "any image, audio, or video produced by artificial intelligence that falsely depicts an individual engaging in speech or conduct they did not engage in, such that a reasonable viewer or listener would believe it was real", "who_is_covered": "any person who distributes or enters into an agreement to distribute the media", "window": "within 90 days before an election", "type": "ban_unless_disclosed", "intent_standard": "The person knows the media falsely represents the depicted individual, intends the distribution to harm the reputation or electoral prospects of a candidate and the distribution is reasonably likely to do so, and intends to deceive voters and change their votes and the distribution is reasonably likely to do so.", "disclosure_text": "This media has been manipulated by technical means and depicts speech or conduct that did not occur.", "disclosure_specs": "The creator, sponsor or purchaser must include a disclaimer in any presentation informing the viewer both that the media has been manipulated by technical means and depicts speech or conduct that did not occur; the quoted wording is declared \"sufficient, but not necessary.\" Video: appears throughout the entire video, clearly visible and readable by the average viewer, in an easily readable size, in the same language as the video. Audio only: read at the beginning and end in a clearly spoken manner, at a pitch easily heard by the average listener, in the same language. Image: clearly visible and readable, in the same language. If the media was made by editing an existing image, audio or video, it must also include a citation directing the audience to the original source of the unedited version. Distributors may not intentionally remove a disclaimer.", "exemptions": [ "media carrying the compliant disclaimer (and source citation for edited media)", "websites, interactive computer services, broadcasters, cable and satellite operators, newspapers, magazines and streaming services that lack actual knowledge the material is prohibited and lack intent to harm or influence the election", "bona fide newscasts, news interviews, documentaries and on-the-spot coverage that clearly acknowledge questions about authenticity", "satire or parody substantially dependent on a person's ability to impersonate a candidate physically or verbally rather than on technology or AI" ], "penalty_criminal": "First violation: Class A misdemeanor (up to 1 year jail). Second violation within five years: Class D felony.", "penalty_civil": null, "private_right_of_action": "The Attorney General, the depicted individual, a candidate who is or is likely to be injured, or an entity representing the interests of voters likely to be deceived may seek permanent injunctive relief. The plaintiff must prove by clear and convincing evidence that the defendant knew the media was false. Frivolous complaints can be dismissed with fees to the defendant; a winning plaintiff other than the AG may recover costs and attorney fees.", "injunctive_relief": true, "litigation": "No court challenge found. In October 2024 Attorney General Steve Marshall told the Hamilton Lincoln Law Institute (representing parody creator Christopher Kohls) that the law does not reach parody a reasonable viewer would not believe is real.", "notes": "Codified in the Fair Campaign Practices Act chapter. Enrolled and delivered to the governor May 9, 2024; enacted May 16, 2024 per LegiScan; effective October 1, 2024 (Section 5 of the act).", "summary": null, "status": "in_effect" } ], "pending": [], "campaign_checklist": [ "In the 90 days before any Alabama election, never distribute realistic AI audio, video or images of a candidate without a disclaimer; the safest wording is the statute's own: \"This media has been manipulated by technical means and depicts speech or conduct that did not occur.\"", "In audio, including robocalls and radio, read that line at both the beginning and the end.", "In video, keep the text on screen for the whole spot, in the same language as the ad.", "If the fake was made by editing real footage or audio, add a citation pointing to the original, unedited source.", "This is a criminal statute: a repeat violation within five years is a felony, so clear every AI asset with counsel before release.", "Obvious impersonator-style parody is safer than tech-driven fakes; the AG has said parody a reasonable viewer would not believe is outside the law." ] }, "ai_calls": { "summary": "Alabama has no statute specific to AI voices or political robocalls. Its telemarketing laws (Alabama Telemarketing Act, Ala. Code 8-19A, and Telephone Solicitations Act, Ala. Code 8-19C) target sales calls. The main state rule that reaches AI political calls is the deepfake law: an AI voice of a candidate in a robocall within 90 days of an election is audio covered by Ala. Code 17-5-16.1 and needs the disclaimer read at the beginning and end.", "laws": [] }, "categories": { "election_admin": [] }, "sources": [ { "title": "HB 172 (2024) enrolled text via StateNet", "url": "https://custom.statenet.com/public/resources.cgi?mode=show_text&id=ID%3Abill%3AAL2024000H172&verid=AL2024000H172_20240515_0_E" }, { "title": "Ala. Code 17-5-16.1 (Justia)", "url": "https://law.justia.com/codes/alabama/title-17/chapter-5/section-17-5-16-1/" }, { "title": "Alabama Political Reporter: AG says HB 172 does not apply to parody", "url": "https://www.alreporter.com/2024/10/15/ag-alabamas-hb-172-does-not-apply-to-parody-content/" }, { "title": "Orrick US AI Law Tracker: Alabama", "url": "https://ai-law-center.orrick.com/alabama/" }, { "title": "Public Citizen tracker: state legislation on deepfakes in elections", "url": "https://www.citizen.org/article/tracker-legislation-on-deepfakes-in-elections/" }, { "title": "LegiScan: Alabama HB 172 (2024) history (archived)", "url": "https://legiscan.com/AL/bill/HB172/2024" } ], "unverified": [ "Could not load the official Code of Alabama page (alison.legislature.state.al.us) or Justia (blocked); statute text confirmed from the enrolled bill.", "Whether any 2025 or 2026 Alabama bill on AI in elections or AI robocalls was introduced; Public Citizen's tracker lists none, but the Alabama legislature site could not be searched.", "Whether Alabama's telephone solicitation statutes (Ala. Code 8-19A, 8-19C) expressly exclude political calls; their text could not be retrieved." ] }, { "abbr": "AK", "name": "Alaska", "slug": "alaska", "last_verified": "2026-10-05", "headline": "Alaska has no AI or deepfake election law; the 2026 bills died, but knowingly false statements about a candidate in organized phone calls are already a crime.", "election": { "status": "none", "summary": "Alaska has not enacted any law on AI or synthetic media in political ads. A Senate-passed version of SB 64 (May 2025) would have barred knowingly using synthetic media in an electioneering communication to influence an election, but the House removed it, and the final SB 64 was vetoed on April 29, 2026 with the veto sustained. SB 2 and SB 33, both election deepfake bills, never left committee before the 34th Legislature adjourned in May 2026. General law still applies: AS 15.56.014 makes knowingly false, damaging factual claims about a candidate in a communication a class B misdemeanor.", "laws": [], "pending": [ { "bill": "SB 64 (2025 to 2026)", "title": "Elections omnibus; Senate version added AS 15.80.009 (synthetic media in electioneering communications)", "status": "Synthetic media section removed in House; final bill vetoed April 29, 2026, veto sustained", "url": "https://www.akleg.gov/basis/Bill/Detail/34?Root=SB%2064" }, { "bill": "SB 2 (2025 to 2026)", "title": "AI, deepfakes, cybersecurity, data transfers (disclosure of election-related deepfakes)", "status": "Died in Senate State Affairs; session ended May 2026", "url": "https://www.akleg.gov/basis/Bill/Detail/34?Root=SB%202" }, { "bill": "SB 33 (2025 to 2026)", "title": "Synthetic media: liability; elections (defamation claims and synthetic media in electioneering communications)", "status": "Died in Senate State Affairs; session ended May 2026", "url": "https://www.akleg.gov/basis/Bill/Detail/34?Root=SB%2033" } ], "campaign_checklist": [ "There is no AI disclaimer rule, but Alaska's paid-for-by rules (AS 15.13.090) still apply to every communication, including AI-made ones.", "Do not use AI to put false factual claims in a candidate's mouth: knowingly false, reputation-damaging statements about a candidate in a communication are campaign misconduct (AS 15.56.014).", "Expect the Legislature to revisit deepfake disclosure in 2027; the Senate already passed a ban once.", "Federal rules still apply to AI voice calls (TCPA)." ] }, "ai_calls": { "summary": "Alaska has no AI-specific calling rule. Its ban on automated or recorded telephone solicitations (AS 45.50.475) excludes calls limited to soliciting the expression of ideas, opinions or votes, so political robocalls fall outside it. But AS 15.56.025 makes it a class A misdemeanor to knowingly make a false statement about a candidate as part of an organized telephone poll or series of calls to persuade voters, with intent to affect the election, which covers AI-voiced calls as much as human ones.", "laws": [ { "bill": "Existing law", "citation": "AS 15.56.025", "title": "Telephone campaign misconduct", "enacted": null, "effective": null, "official_url": "https://www.akleg.gov/basis/statutes.asp#15.56.025", "media_covered": "statements made in an organized telephone poll or organized series of calls", "who_is_covered": "any person making the calls", "window": "anytime", "type": "ban", "intent_standard": "The person knows the statement about the candidate is false and intends to affect the outcome of the election.", "disclosure_text": null, "disclosure_specs": null, "exemptions": [], "penalty_criminal": "Class A misdemeanor; also a corrupt practice (only a defeated candidate may contest the election on this ground)", "penalty_civil": null, "private_right_of_action": null, "injunctive_relief": null, "litigation": null, "notes": "Not AI-specific, but directly relevant to scripted and AI voice persuasion calls and push polls.", "summary": null, "status": "in_effect" }, { "bill": "Existing law", "citation": "AS 45.50.475(a)(4), (g)(4)", "title": "Unlawful automated or recorded telephone advertisements and solicitations", "enacted": null, "effective": null, "official_url": "https://www.akleg.gov/basis/statutes.asp#45.50.475", "media_covered": "calls using an automated or recorded message", "who_is_covered": "telephonic advertisements and telephone solicitations (purchases or donations)", "window": "anytime", "type": "ban", "intent_standard": null, "disclosure_text": null, "disclosure_specs": null, "exemptions": [ "calls limited to soliciting the expression of ideas, opinions, or votes", "calls in response to the customer's request", "certain charity calls to members or recent donors", "business-to-business calls", "recent customers" ], "penalty_criminal": null, "penalty_civil": "Unfair trade practice under the Alaska Consumer Protection Act (AS 45.50.471)", "private_right_of_action": null, "injunctive_relief": null, "litigation": null, "notes": "Pure voter-persuasion and GOTV robocalls are excluded, but a recorded call that asks for a campaign donation may not fit the ideas-opinions-votes exclusion; get counsel before using recorded or AI voice fundraising calls.", "summary": null, "status": "in_effect" } ] }, "categories": { "election_admin": [] }, "sources": [ { "title": "SB 64 bill history (Alaska Legislature)", "url": "https://www.akleg.gov/basis/Bill/Detail/34?Root=SB%2064" }, { "title": "SB 64 Senate-passed version CSSB 64(FIN) am, Sec. 46 (AS 15.80.009)", "url": "https://www.akleg.gov/PDF/34/Bills/SB0064D.PDF" }, { "title": "SB 64 enrolled version (no synthetic media section)", "url": "https://www.akleg.gov/PDF/34/Bills/SB0064Z.PDF" }, { "title": "SB 2 bill history", "url": "https://www.akleg.gov/basis/Bill/Detail/34?Root=SB%202" }, { "title": "SB 33 bill history", "url": "https://www.akleg.gov/basis/Bill/Detail/34?Root=SB%2033" }, { "title": "AS 15.56 (campaign misconduct, telephone campaign misconduct)", "url": "https://www.akleg.gov/basis/statutes.asp?media=print&secStart=15.56.010&secEnd=15.56.200" }, { "title": "AS 45.50.475", "url": "https://www.akleg.gov/basis/statutes.asp?media=print&secStart=45.50.475&secEnd=45.50.475" }, { "title": "AS 15.13.090 (paid-for-by identification)", "url": "https://www.akleg.gov/basis/statutes.asp?media=print&secStart=15.13.090&secEnd=15.13.090" }, { "title": "Public Citizen tracker: state legislation on deepfakes in elections", "url": "https://www.citizen.org/article/tracker-legislation-on-deepfakes-in-elections/" }, { "title": "Public Citizen tracker (updated September 29, 2026)", "url": "https://www.citizen.org/article/tracker-legislation-on-deepfakes-in-elections/" } ], "unverified": [ "Whether any other 2025 or 2026 Alaska bill (outside SB 2, SB 33 and SB 64) touched AI in elections or AI robocalls; only bills listed by Public Citizen were checked on the Legislature site.", "Enforcement and penalty details for AS 45.50.475 beyond its classification as an AS 45.50.471 unfair practice." ] }, { "abbr": "AZ", "name": "Arizona", "slug": "arizona", "last_verified": "2026-10-05", "headline": "Within 90 days of an election, a knowingly deceptive AI deepfake of a candidate must carry a clear and conspicuous disclosure that it contains AI-generated content, and a candidate can get a court declaration within two days that an unlabeled digital impersonation is fake.", "election": { "status": "disclosure", "summary": "Arizona has two 2024 laws. A.R.S. 16-1024 (SB 1359) bars a creator from creating and distributing a deepfake of a candidate that the creator knows is deceptive and fraudulent within 90 days before the election unless it carries a clear and conspicuous disclosure that it includes AI-generated content, with a civil penalty for each day it runs. A.R.S. 16-1023 (HB 2394) lets a candidate or any Arizona citizen sue over a digital impersonation published without consent and without reasonably conveying it is fake; for candidates the remedy is a declaratory judgment, with a ruling on preliminary relief within two court days. No AI election bills passed in 2025 or 2026.", "laws": [ { "bill": "SB 1359 (2024)", "citation": "A.R.S. 16-1024", "title": "Election communications; deepfakes; prohibition", "enacted": "2024-05-29", "effective": "2024-09-14", "official_url": "https://www.azleg.gov/ars/16/01024.htm", "media_covered": "synthetic media: an image, audio recording or video recording of an individual's appearance, speech or conduct created or intentionally manipulated with digital technology to create a realistic but false image, audio or video", "who_is_covered": "a creator: any person that uses AI or other digital technology to generate the synthetic media (technology providers excluded)", "window": "within 90 days before an election at which the candidate will appear on the ballot", "type": "ban_unless_disclosed", "intent_standard": "Creator knows the media is a deceptive and fraudulent deepfake: synthetic media of a candidate that is false with knowledge of falsity, intended to injure the candidate's reputation, and intentionally calculated to mislead a reasonable person about what the candidate said or did.", "disclosure_text": null, "disclosure_specs": "The statute requires only a clear and conspicuous disclosure that conveys to a reasonable person that the media includes content generated by artificial intelligence. No fixed wording, font size or audio placement is prescribed.", "exemptions": [ "satire or parody", "interactive computer services as defined in 47 U.S.C. 230" ], "penalty_criminal": null, "penalty_civil": "Civil penalty under A.R.S. 16-937(B) for each day the deepfake is distributed without the disclosure. (16-937(B) is the campaign finance late-filing schedule: $10 per day for the first 15 days and $25 per day after that.)", "private_right_of_action": null, "injunctive_relief": null, "litigation": "No court challenge found. In July 2026 an Arizona congressional candidate reportedly sued a super PAC over unlabeled AI-generated images on billboards and signs (reported by the Phoenix New Times via the Arizona Capitol Times); outcome unknown.", "notes": "Laws 2024, ch. 199. Not an emergency measure, so it took effect on the 2024 general effective date, September 14, 2024. The statute does not name the enforcing officer. Penalty applies to a person who fails to make the disclosure.", "summary": null, "status": "in_effect" }, { "bill": "HB 2394 (2024)", "citation": "A.R.S. 16-1023", "title": "Digital impersonation; injunctive relief; requirements", "enacted": "2024-05-21", "effective": "2024-05-21", "official_url": "https://www.azleg.gov/ars/16/01023.htm", "media_covered": "recordings or images digitally manipulated to convincingly replace one person's likeness or voice with another's, or simulated, using deep generative methods and AI", "who_is_covered": "publishers of a digital impersonation; for a paid advertisement, only the person or entity that originated, ordered, placed or paid for the ad", "window": "anytime; suit must be brought within two years after the plaintiff knew or should have known of publication", "type": "ban_unless_disclosed", "intent_standard": "No intent element for declaratory relief. Plaintiff must prove the digital impersonation was published without consent and that the publisher did not reasonably convey it was a digital impersonation or that its authenticity was disputed, or that it would not be obvious to a reasonable person that it was an impersonation.", "disclosure_text": null, "disclosure_specs": "No fixed wording. Liability turns on whether the publisher reasonably conveyed to its audience that the recording or image was a digital impersonation or that its authenticity was disputed.", "exemptions": [ "commentary, parody, satire, criticism or artistic expression", "content created by the impersonated person or with consent", "interactive computer service providers for content provided by others" ], "penalty_criminal": null, "penalty_civil": "None for candidates. Injunctive relief and damages are available only when the impersonation is sexual, the plaintiff was not a public figure, and the publisher knew or failed to correct within 21 days.", "private_right_of_action": "A candidate for public or political party office who will appear on the Arizona ballot, or any Arizona citizen, may sue in superior court within two years. The sole remedy for a candidate is preliminary and permanent declaratory relief (a court declaration that the content is a digital impersonation). The court must rule on preliminary relief within two days, excluding weekends and holidays; a candidate qualifies for preliminary relief if the election is within 180 days.", "injunctive_relief": false, "litigation": null, "notes": "Passed with an emergency clause, so it took effect on signing (Laws 2024, ch. 193). Publishers who learn content is an impersonation can limit damages exposure by taking reasonable corrective action within 21 days (remove it and tell the same audience it was an impersonation).", "summary": null, "status": "in_effect" } ], "pending": [ { "bill": "SB 1786 (2026)", "title": "Artificial intelligence; content verification (provenance data for AI-generated media)", "status": "Died; no governor action, session ended", "url": "https://apps.azleg.gov/BillStatus/BillOverview?SessionID=130" }, { "bill": "HB 2311 (2026)", "title": "Artificial intelligence service; disclosures; requirements (chatbot must disclose it is AI)", "status": "Vetoed June 19, 2026", "url": "https://apps.azleg.gov/BillStatus/BillOverview?SessionID=130" }, { "bill": "HB 2246 (2026)", "title": "Telephone solicitations; telephone calls", "status": "Died; no governor action", "url": "https://apps.azleg.gov/BillStatus/BillOverview?SessionID=130" } ], "campaign_checklist": [ "In the last 90 days before an election, any realistic AI image, audio or video of a candidate that could mislead must carry a clear, conspicuous statement that it contains AI-generated content.", "The law sets no exact words; use a plain on-screen and spoken statement that the ad contains AI-generated content, and make it unmissable.", "Expect fast litigation: a targeted candidate (or any citizen) can get a court ruling on preliminary declaratory relief within two court days under A.R.S. 16-1023, at any time of year.", "If you learn you published an impersonation, take it down and tell the same audience within 21 days.", "AI voice clones used to defraud are a class 5 felony under A.R.S. 13-2006(A)(4); never put an AI copy of a real person's voice on a call without consent." ] }, "ai_calls": { "summary": "Arizona has no rule specific to AI voices in political calls. Its automated dialing law (A.R.S. 13-2919) and telephone solicitation law (A.R.S. 44-1278) target calls that sell goods or services, not political calls. Two rules still reach AI voice calls: an AI voice clone of a candidate in a call within 90 days of an election is synthetic audio under A.R.S. 16-1024 and needs the AI disclosure, and since 2025 using a computer-generated voice recording of another person with intent to defraud is a class 5 felony.", "laws": [ { "bill": "SB 1295 (2025)", "citation": "A.R.S. 13-2006(A)(4), (B)", "title": "Criminal impersonation: fraudulent voice recordings", "enacted": "2025-05-13", "effective": "2025-09-26", "official_url": "https://www.azleg.gov/ars/13/02006.htm", "media_covered": "computer-generated voice recordings, images or videos of another person", "who_is_covered": "any person", "window": "anytime", "type": "ban", "intent_standard": "Intent to defraud: making a false representation or material omission to deceive another person to gain a benefit.", "disclosure_text": null, "disclosure_specs": null, "exemptions": [ "comedy, parody, artistic expression, criticism", "circumstances where it is clear to a reasonable listener or viewer that the recording, image or video has been digitally manipulated" ], "penalty_criminal": "Class 5 felony", "penalty_civil": null, "private_right_of_action": null, "injunctive_relief": null, "litigation": null, "notes": "Laws 2025, ch. 184. Not an emergency measure; it took effect on the 2025 general effective date, September 26, 2025. Not election-specific, but it reaches an AI voice clone of a candidate used to deceive voters for a benefit. A disclosed AI voice that clearly identifies itself as AI falls within the exemption.", "summary": null, "status": "in_effect" }, { "bill": "Existing law", "citation": "A.R.S. 13-2919", "title": "Automated telephone solicitation", "enacted": null, "effective": null, "official_url": "https://www.azleg.gov/ars/13/02919.htm", "media_covered": "automated dialing systems that play a recorded message or send a text message", "who_is_covered": "callers soliciting purchases of goods or services, or gathering survey information to be used for such solicitation", "window": "anytime", "type": "ban", "intent_standard": null, "disclosure_text": null, "disclosure_specs": null, "exemptions": [ "recipient gave prior express invitation or permission", "existing business relationship" ], "penalty_criminal": "Class 2 misdemeanor", "penalty_civil": null, "private_right_of_action": null, "injunctive_relief": null, "litigation": null, "notes": "By its text this covers commercial solicitation only, so political robocalls are outside it. Federal TCPA rules on artificial and prerecorded voices still apply.", "summary": null, "status": "in_effect" } ] }, "categories": { "election_admin": [] }, "sources": [ { "title": "A.R.S. 16-1024", "url": "https://www.azleg.gov/ars/16/01024.htm" }, { "title": "A.R.S. 16-1023", "url": "https://www.azleg.gov/ars/16/01023.htm" }, { "title": "A.R.S. 16-937", "url": "https://www.azleg.gov/ars/16/00937.htm" }, { "title": "A.R.S. 13-2006", "url": "https://www.azleg.gov/ars/13/02006.htm" }, { "title": "A.R.S. 13-2919", "url": "https://www.azleg.gov/ars/13/02919.htm" }, { "title": "SB 1359 House summary (2024)", "url": "https://azleg.gov/legtext/56leg/2R/summary/H.SB1359_050224_TRANSMITTED.DOCX.htm" }, { "title": "Arizona Legislature bill status API (SB 1359 ch. 199, HB 2394 ch. 193 emergency, SB 1295 ch. 184, 2026 vetoes)", "url": "https://apps.azleg.gov/BillStatus/BillOverview" }, { "title": "Arizona Capitol Times: state AI deepfake laws face first big test in 2026 midterms", "url": "https://azcapitoltimes.com/news/2026/07/21/state-ai-deepfake-laws-face-first-big-test-in-2026-midterm-elections/" }, { "title": "Transparency Coalition AI legislative update, June 26, 2026", "url": "https://www.transparencycoalition.ai/news/ai-legislative-update-june26-2026" }, { "title": "Public Citizen tracker: state legislation on deepfakes in elections", "url": "https://www.citizen.org/article/tracker-legislation-on-deepfakes-in-elections/" }, { "title": "Arizona Legislature general effective dates", "url": "https://www.azleg.gov/general-effective-dates/" } ], "unverified": [ "Who enforces the A.R.S. 16-1024 civil penalty (statute is silent; likely the Secretary of State or Attorney General) and whether the 16-937(B) schedule is applied literally per day.", "Outcome of the July 2026 suit by an Arizona congressional candidate against a super PAC over unlabeled AI images.", "2025 and 2026 bill scan used bill short titles from the legislature's API; an AI election provision buried in a bill with an unrelated title could have been missed." ] }, { "abbr": "AR", "name": "Arkansas", "slug": "arkansas", "last_verified": "2026-10-05", "headline": "Arkansas has no AI or deepfake election law (both 2025 bills failed), and a federal court struck down its ban on automated political robocalls in 2016.", "election": { "status": "none", "summary": "Arkansas has not enacted any law regulating AI or synthetic media in political ads. Two 2025 election deepfake bills, HB 1041 and HB 1141, failed when the regular session ended. The 2026 session was a fiscal session, and no AI election measure was found.", "laws": [], "pending": [ { "bill": "HB 1041 (2025)", "title": "Election deepfake bill (prefiled November 2024)", "status": "Failed, 2025 regular session", "url": "https://arkleg.state.ar.us/Bills/Detail?id=HB1041&ddBienniumSession=2025%2F2025R" }, { "bill": "HB 1141 (2025)", "title": "Election deepfake bill", "status": "Failed, 2025 regular session", "url": "https://arkleg.state.ar.us/Bills/Detail?id=HB1141&ddBienniumSession=2025%2F2025R" } ], "campaign_checklist": [ "No state AI disclaimer is required on Arkansas political ads, but federal rules (FCC, TCPA) and platform ad policies still apply.", "Unlabeled fake audio or video of a real candidate still carries defamation and false light risk under general law.", "Arkansas's 2025 publicity rights amendment (HB 1071, Act 159) added protection against unauthorized commercial use of a person's AI-simulated voice or likeness; get consent before cloning any real person's voice.", "Watch the 2027 regular session; deepfake disclosure bills are likely to return." ] }, "ai_calls": { "summary": "Arkansas has no AI-specific calling rule. Its automated telephone statute (Ark. Code 5-63-204) bans using an automated dialing system that plays recorded messages for sales calls and also for any purpose in connection with a political campaign, a Class B misdemeanor. However, in Gresham v. Rutledge (E.D. Ark., July 27, 2016), Judge J. Leon Holmes held the political campaign part unconstitutional under the First Amendment and entered a decree barring the Attorney General from enforcing it, so recorded political robocalls are not restricted by that statute. Federal TCPA rules on artificial voices still apply.", "laws": [ { "bill": "Existing law", "citation": "Ark. Code 5-63-204", "title": "Automated telephone solicitation (including calls in connection with a political campaign)", "enacted": null, "effective": null, "official_url": "https://law.justia.com/codes/arkansas/title-5/subtitle-6/chapter-63/subchapter-2/section-5-63-204/", "media_covered": "calls using an automated system to select and dial numbers and play recorded messages", "who_is_covered": "anyone using such systems to sell goods or services, or for soliciting information, gathering data, or any other purpose in connection with a political campaign", "window": "anytime", "type": "ban", "intent_standard": null, "disclosure_text": null, "disclosure_specs": null, "exemptions": [ "calls made solely in response to a call initiated by the person called", "order delivery and status notices to purchasers" ], "penalty_criminal": "Class B misdemeanor", "penalty_civil": null, "private_right_of_action": "The Attorney General, prosecutors, law enforcement or telephone companies may seek injunctions; prevailing party recovers fees and costs.", "injunctive_relief": true, "litigation": "Gresham v. Rutledge, No. 4:16-cv-00241, 198 F. Supp. 3d 965 (E.D. Ark. July 27, 2016): Judge J. Leon Holmes held the political campaign clause of 5-63-204(a)(1) is a content-based restriction that fails strict scrutiny and entered a decree enjoining the Attorney General from enforcing it as to calls made in connection with a political campaign. The case closed the same day; no appeal was found.", "notes": "Status reflects the political-call clause, which is enjoined; the commercial (sales) part of the statute was not struck down. Whether an AI voice agent that converses live counts as playing recorded messages is untested.", "summary": null, "status": "enjoined" } ] }, "categories": { "election_admin": [] }, "sources": [ { "title": "Public Citizen tracker: state legislation on deepfakes in elections (HB 1041, HB 1141 failed May 2025)", "url": "https://www.citizen.org/article/tracker-legislation-on-deepfakes-in-elections/" }, { "title": "Ark. Code 5-63-204 (text via Onecle)", "url": "https://law.onecle.com/arkansas/title-5/5-63-204.html" }, { "title": "Gresham v. Rutledge docket, GovInfo", "url": "https://www.govinfo.gov/app/details/USCOURTS-ared-4_16-cv-00241" }, { "title": "Eric Goldman, Anti-Robocall Statute Violates First Amendment: Gresham v. Rutledge", "url": "https://blog.ericgoldman.org/archives/2016/09/anti-robocall-statute-violates-first-amendment-gresham-v-rutledge.htm" }, { "title": "FOX16: Judge rules Arkansas ban on political robocalls unconstitutional", "url": "https://www.fox16.com/news/local-news/judge-rules-arkansas-ban-on-political-robocalls-unconstitutional/" }, { "title": "inVeritas: four key AI bills enacted during the 2025 Arkansas session (HB 1071 Act 159)", "url": "https://www.inveritasinfo.com/blog/four-key-ai-bills-enacted-during-the-2025-legislative-session" }, { "title": "Gresham v. Rutledge docket (CourtListener)", "url": "https://www.courtlistener.com/?q=Gresham%20v.%20Rutledge&type=r&court=ared" } ], "unverified": [ "HB 1041 and HB 1141 subjects confirmed only through the Public Citizen tracker (updated September 29, 2026, which lists both as failed); the Arkansas Legislature site refused connections during research.", "Whether any AI or deepfake measure was taken up in the April 2026 fiscal session.", "HB 1071 (Act 159) details (signed February 25, 2025 per secondary source) not confirmed on the official site; listed only as a practical caution, not a political law." ] }, { "abbr": "CA", "name": "California", "slug": "california", "last_verified": "2026-10-05", "headline": "Any committee ad with AI-generated or AI-altered image, audio or video must carry \"Ad generated or substantially altered using artificial intelligence.\", and in the last 30 days before a California election you may not knowingly distribute a realistic fake of another candidate or of election officials at all, label or not (Elec. Code 20012 as rewritten by AB 502, effective September 19, 2026).", "election": { "status": "ban_and_disclosure", "summary": "California stacks three rules. (1) Every committee ad that contains AI-generated or substantially AI-altered image, audio or video must carry the disclaimer \"Ad generated or substantially altered using artificial intelligence.\" (Gov. Code 84514, enforced by the FPPC). (2) Within 60 days of an election it is unlawful to distribute, with actual malice, materially deceptive audio or visual media of a candidate intended to injure the candidate or deceive voters unless it says \"This _____ has been manipulated.\" (Elec. Code 20010, extended to January 1, 2031 by AB 686). (3) Elections Code 20012, rewritten by the urgency bill AB 502 and in effect since September 19, 2026, bars knowingly distributing, with malice, digitally fabricated content of candidates or elected officials in the 30 days before an election, and of election officials, ballots or voting equipment from 30 days before to 38 days after; a label only protects a candidate depicting themself or satire. The 2024 version (AB 2839) was struck down in Kohls v. Bonta, and the new text has not yet been tested in court.", "laws": [ { "bill": "AB 2355 (2024)", "citation": "Cal. Gov. Code 84514; placement rules in Gov. Code 84504 to 84504.4", "title": "Political Reform Act: AI-generated or substantially altered political advertisements", "enacted": "2024-09-17", "effective": "2025-01-01", "official_url": "https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB2355", "media_covered": "any image, audio, or video in an advertisement that is generated or substantially altered using AI", "who_is_covered": "committees (candidate committees, PACs, party committees and other Political Reform Act committees) that create, originally publish or originally distribute the ad", "window": "anytime", "type": "disclosure_required", "intent_standard": "None. Strict disclosure duty. Covers media entirely created by AI that would falsely appear authentic to a reasonable person, or media materially altered by AI so a reasonable person would have a fundamentally different understanding of it.", "disclosure_text": "Ad generated or substantially altered using artificial intelligence.", "disclosure_specs": "Must be clear and conspicuous and follow the Political Reform Act placement rules for each medium. For radio and prerecorded telephone ads (Gov. Code 84504), the disclosure is spoken at the beginning or end of the ad, in a clearly spoken manner and in a pitch and tone substantially similar to the rest of the ad, lasting no less than three seconds. Video, print and online ads use the same format rules as other required PRA disclosures.", "exemptions": [ "immaterial changes such as cosmetic adjustment, color edit, cropped image, or resized image", "rights and immunities under 47 U.S.C. 230 are not affected" ], "penalty_criminal": "None. The statute states a violation is not a misdemeanor (the usual PRA criminal provision does not apply).", "penalty_civil": "FPPC administrative and civil remedies under the Political Reform Act", "private_right_of_action": null, "injunctive_relief": true, "litigation": "Not challenged in Kohls v. Bonta as far as we could confirm.", "notes": "This is the rule most campaigns will actually trip over: it applies to any committee ad using AI-made visuals or AI voice, including flattering content and AI voice robocalls, with no deception or intent element.", "summary": null, "status": "in_effect" }, { "bill": "AB 730 (2019), extended by AB 972 (2022) and AB 686 (2026)", "citation": "Cal. Elec. Code 20010; Code Civ. Proc. 35", "title": "Elections: deceptive audio or visual media (candidate deepfakes)", "enacted": "2019-10-03", "effective": "2020-01-01", "official_url": "https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202520260AB686", "media_covered": "audio or visual media (images, audio, video) of a candidate that is materially deceptive", "who_is_covered": "any person, committee, or other entity", "window": "within 60 days of an election at which the candidate will appear on the ballot", "type": "ban_unless_disclosed", "intent_standard": "Distribution with actual malice and with intent to injure the candidate's reputation or to deceive a voter into voting for or against the candidate.", "disclosure_text": "This _____ has been manipulated.", "disclosure_specs": "The blank is filled with whichever of Image, Video or Audio most accurately describes the media. Visual media: text easily readable by the average viewer and no smaller than the largest font of other text in the media (or easily readable if there is no other text); for video, it appears for the full duration. Audio-only media: clearly spoken in a pitch easily heard by the average listener at the beginning, at the end, and, if longer than two minutes, interspersed at intervals of not more than two minutes.", "exemptions": [ "media carrying the required disclosure", "bona fide newscasts, news interviews, news documentaries or on-the-spot news coverage that clearly acknowledge questions about authenticity", "paid broadcast content (broadcasting stations paid to air it)", "regularly published newspapers, magazines and periodicals that clearly state the media does not accurately represent the candidate", "satire or parody", "interactive computer services under 47 U.S.C. 230" ], "penalty_criminal": null, "penalty_civil": "General or special damages", "private_right_of_action": "The candidate whose voice or likeness appears may seek injunctive or other equitable relief and damages against the distributor; prevailing party recovers reasonable attorney's fees and costs. Plaintiff must prove the violation by clear and convincing evidence.", "injunctive_relief": true, "litigation": null, "notes": "Original sunset was January 1, 2023 (AB 730), extended to January 1, 2027 by AB 972 (Ch. 745, Stats. 2022). AB 686 (Ch. 334, Stats. 2026, signed September 19, 2026, non-urgency, so it takes effect January 1, 2027) extends the section and Code Civ. Proc. 35 calendar priority to January 1, 2031 with no change to the substance. The current text stays in force through 2026.", "summary": null, "status": "in_effect" }, { "bill": "AB 2839 (2024), rewritten by AB 502 (2026)", "citation": "Cal. Elec. Code 20012", "title": "Elections: deceptive media in advertisements", "enacted": "2026-09-19", "effective": "2026-09-19", "official_url": "https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202520260AB502", "media_covered": "audio or visual media intentionally digitally created or modified (including deepfakes) so it would falsely appear to a reasonable person to be an authentic record", "who_is_covered": "any person, committee, or other entity that distributes an advertisement or other election communication (TV, radio, telephone, text, internet or print)", "window": "Candidates: 30 days before any California election in which the candidate is running. Elected officials: 30 days before any California election. Elections officials, ballots, voting machines, voting sites and election property: 30 days before through 38 days after the election, inclusive.", "type": "ban", "intent_standard": "Knowing distribution with malice (knowledge of falsity or reckless disregard for the truth), of content that could materially affect a voter's electoral decisions or public confidence in an election's process or outcome.", "disclosure_text": "This ____ has been manipulated.", "disclosure_specs": "The label is NOT a cure for depicting someone else. It is a safe harbor only for (a) a candidate portraying themself, who may use this disclosure (blank filled with Image, Audio or Video) or the Gov. Code 84514 AI disclaimer, in every language used in the media, and (b) satire or parody labeled \"This ____ has been manipulated for purposes of satire or parody,\" or substantially similar language. Format: contrasting color; video in Arial Regular at least 4% of display height or width (whichever is less) for the full video; mailers, flyers and door hangers at least 14 point Arial; yard signs and billboards at least 5% of ad height; online graphics and animations at least 11 point Arial; type not condensed. Audio only: clearly spoken at the beginning, the end, and every two minutes if longer than two minutes. Removing a required disclosure or knowingly republishing without it is barred.", "exemptions": [ "content a reasonable person would understand as satire or parody", "satire or parody carrying the satire disclosure", "a candidate portraying themself with the required disclosure", "bona fide newscasts, news interviews, documentaries and on-the-spot coverage that clearly acknowledge the content is not authentic", "broadcasters airing paid content when federal law requires it or the station has a consistent disclaimer policy", "newspapers and periodicals that clearly state the content does not accurately represent events", "interactive computer services under 47 U.S.C. 230", "minor edits such as brightness, contrast or background noise removal" ], "penalty_criminal": null, "penalty_civil": "General or special damages", "private_right_of_action": "A depicted individual, a candidate or committee participating in the election, or an elections official may sue for injunctive or equitable relief (prevailing plaintiff gets attorney's fees) and for general or special damages (prevailing party gets fees). Broadcasters and websites that did not create the content are not liable for damages. Clear and convincing evidence standard; calendar priority under Code Civ. Proc. 35. (The 2024 version also let any recipient sue; AB 502 removed that.)", "injunctive_relief": true, "litigation": "Kohls v. Bonta (E.D. Cal. No. 2:24-cv-02527, consolidated with suits by The Babylon Bee, Rumble and X Corp.): preliminary injunction against most of AB 2839 on October 2, 2024; on August 29, 2025 Judge John Mendez granted summary judgment holding AB 2839 unconstitutional under the First Amendment and permanently enjoining it. The state's Ninth Circuit appeal (The Babylon Bee v. Bonta, No. 25-6138) was still open with no decision as of October 5, 2026. No suit against the AB 502 text was found as of October 5, 2026; EFF and the First Amendment Coalition argue it is still unconstitutional.", "notes": "AB 502 is Chapter 333, Statutes of 2026, an urgency statute (2/3 vote) effective on signing, September 19, 2026, so it covers the November 3, 2026 general election. It is the current text of Section 20012. Treat it as live but legally contested.", "summary": null, "status": "in_effect" } ], "pending": [ { "bill": "Kohls v. Bonta appeal (Ninth Circuit)", "title": "State's appeal of the permanent injunction against AB 2839 (2024 version of Elec. Code 20012)", "status": "Pending in the Ninth Circuit (No. 25-6138); amicus briefs filed March 2026, no decision found as of October 5, 2026", "url": "https://aichallengewatch.com/cases/kohls-v-bonta/" } ], "campaign_checklist": [ "Put \"Ad generated or substantially altered using artificial intelligence.\" on every committee ad that uses AI-made or AI-altered images, video or voice, including robocalls (spoken at the start or end, at least 3 seconds).", "Never run an unlabeled realistic fake of an opposing candidate. Within 60 days of the election, a fake made with actual malice needs \"This _____ has been manipulated.\" under Elec. Code 20010, and in the final 30 days a knowingly deceptive fake of another candidate is barred under Elec. Code 20012 even with a label.", "If your own candidate appears in AI-altered content, label it under Elec. Code 20012 and Gov. Code 84514 within the final 30 days.", "Do not fabricate election officials, ballots, voting machines or polling places. That rule runs from 30 days before to 38 days after the election.", "Keep generation logs and source files. Suits get calendar priority and courts can enjoin an ad within days.", "Online bots that interact with voters to influence a vote must disclose they are bots (Bus. and Prof. Code 17941)." ] }, "ai_calls": { "summary": "California is one of the few states with a statute aimed at AI voices in robocalls. Since January 1, 2025, anyone placing calls with an automatic dialing-announcing device (ADAD, equipment that dials stored or generated numbers and plays a prerecorded message) must first have a live, unrecorded human announcement that states the nature of the call and who is calling, asks whether the person consents to hear the prerecorded message, and tells the person if the message uses an artificial voice (Pub. Util. Code 2874). The statute has no political-call exemption, and ADAD calls cannot reach California phones between 9 p.m. and 9 a.m. No court has struck any part of it. Separately, a committee's prerecorded phone ad that uses AI audio must also speak the AB 2355 AI disclaimer, and an AI voice clone of a candidate in a call can violate Elec. Code 20010 and 20012.", "laws": [ { "bill": "AB 2905 (2024)", "citation": "Cal. Pub. Util. Code 2871 to 2876 (artificial voice rule at 2874(a)(3) and (c))", "title": "Automatic dialing-announcing devices: artificial voices", "enacted": "2024-09-20", "effective": "2025-01-01", "official_url": "https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB2905", "media_covered": "prerecorded messages delivered by an automatic dialing-announcing device; artificial voice means a voice generated or significantly altered using AI", "who_is_covered": "any person operating an ADAD to call California telephones (no exemption for political or campaign calls)", "window": "anytime; ADAD calls barred between 9 p.m. and 9 a.m. California time", "type": "disclosure_required", "intent_standard": "None", "disclosure_text": null, "disclosure_specs": "Before the prerecorded message plays, an unrecorded, natural voice announcement must (1) state the nature of the call and the name, address and telephone number of the business or organization represented, (2) ask whether the person consents to hear the prerecorded message, and (3) inform the person if the prerecorded message uses an artificial voice. Alternatively, calls may be made under a prior agreement in which the called person consented to receive such calls (Pub. Util. Code 2873). The device must disconnect when either party ends the call.", "exemptions": [ "calls under a prior consent agreement with the person called (2873)", "ADADs not used to randomly or sequentially dial, used only to message established business associates, customers or others with an established relationship, or calls made at the recipient's request (2872(f))", "use exclusively on behalf of schools, tax-exempt organizations contacting their own members, cable and utility installers, and emergency facilities (2872(d)); emergency and public safety agency calls are not subject to 2874 (2872(e))" ], "penalty_criminal": null, "penalty_civil": "A civil offense: fine of up to $500 per violation, levied by the CPUC, and possible disconnection of the device's telephone service (Pub. Util. Code 2876)", "private_right_of_action": null, "injunctive_relief": null, "litigation": null, "notes": "Political calls are covered; there is no campaign exemption (a political organization calling only its own members may fit the tax-exempt member exemption in 2872(d)(2), untested). The law is written for prerecorded-message devices. Whether a live, conversational AI voice agent counts as an ADAD playing a prerecorded message is not settled by statute or case law we found; the cautious approach is to have a human open the call, get consent and disclose the AI voice. Federal TCPA rules on artificial voices apply on top of this.", "summary": null, "status": "in_effect" }, { "bill": "AB 2355 (2024)", "citation": "Cal. Gov. Code 84504 and 84514", "title": "AI disclaimer on committee radio and prerecorded telephone ads", "enacted": "2024-09-17", "effective": "2025-01-01", "official_url": "https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB2355", "media_covered": "radio and prerecorded telephonic advertisements containing audio generated or substantially altered using AI", "who_is_covered": "committees", "window": "anytime", "type": "disclosure_required", "intent_standard": "None", "disclosure_text": "Ad generated or substantially altered using artificial intelligence.", "disclosure_specs": "Spoken at the beginning or end of the ad, clearly, in a pitch and tone substantially similar to the rest of the ad, lasting no less than three seconds (Gov. Code 84504).", "exemptions": [ "immaterial changes (cosmetic edits)" ], "penalty_criminal": null, "penalty_civil": "FPPC administrative and civil remedies", "private_right_of_action": null, "injunctive_relief": true, "litigation": null, "notes": "An AI-voiced committee robocall needs both this spoken AI disclaimer and the ordinary PRA paid-for-by disclosures.", "summary": null, "status": "in_effect" } ] }, "categories": { "election_admin": [ { "bill": "AB 2655 (2024)", "citation": "Cal. Elec. Code 20510 to 20520", "title": "Defending Democracy from Deepfake Deception Act of 2024 (platform duties)", "enacted": "2024-09-17", "effective": "2025-01-01", "official_url": "https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB2655", "summary": "Required large online platforms (1 million or more California users) to remove reported materially deceptive election deepfakes within 72 hours during set pre-election windows and to label others with \"This [image/audio/video] has been manipulated and is not authentic.\"", "status": "enjoined", "notes": "In Kohls v. Bonta (consolidated with X Corp. v. Bonta and Rumble), the court halted enforcement in January 2025, and in August 2025 the parties stipulated that AB 2655 is preempted by Section 230; the state agreed not to enforce it." }, { "bill": "AB 502 (2026)", "citation": "Cal. Elec. Code 20012(b)(1)(B) to (D), (c)(3)", "title": "Deceptive portrayals of election officials and voting equipment", "enacted": "2026-09-19", "effective": "2026-09-19", "official_url": "https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202520260AB502", "summary": "Bars knowingly distributing, with malice, digitally fabricated content showing an elections official or elected official misrepresenting election conduct, or showing ballots, voting machines or voting sites in a materially false way, from 30 days before to 38 days after an election. Elections officials may sue for injunctions and damages.", "status": "in_effect", "notes": "Same statute as the election ad rule above; the earlier AB 2839 version is permanently enjoined as to the Kohls plaintiffs and on appeal." }, { "bill": "SB 1001 (2018)", "citation": "Cal. Bus. and Prof. Code 17940 to 17943", "title": "Bolstering Online Transparency (BOT) Act", "enacted": "2018-09-28", "effective": "2019-07-01", "official_url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=BPC§ionNum=17941", "summary": "Unlawful to use an automated online account (bot) to communicate with a person in California online with intent to mislead about its artificial identity in order to influence a vote in an election, unless the bot clearly and conspicuously discloses that it is a bot.", "status": "in_effect", "notes": "Covers online interactions only (websites, apps, social networks), not phone calls. Platforms themselves have no duty under the act." } ] }, "sources": [ { "title": "AB 502 (2026) bill page, California Legislative Information", "url": "https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202520260AB502" }, { "title": "Assembly Elections Committee analysis of AB 502, concurrence (Aug. 28, 2026)", "url": "https://aelc.assembly.ca.gov/system/files/2026-08/ab-502-pellerin-17878587887974862.pdf" }, { "title": "AB 686 (2026) bill page", "url": "https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202520260AB686" }, { "title": "AB 2355 (2024) bill text", "url": "https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB2355" }, { "title": "Gov. Code 84514", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV§ionNum=84514" }, { "title": "Gov. Code 84504", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV§ionNum=84504" }, { "title": "AB 2655 (2024) bill text", "url": "https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB2655" }, { "title": "AB 2905 (2024) bill text", "url": "https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB2905" }, { "title": "Pub. Util. Code 2874", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PUC§ionNum=2874" }, { "title": "Pub. Util. Code 2873", "url": "https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PUC§ionNum=2873" }, { "title": "Pub. Util. Code 2872 and 2876 (via public.law mirror of leginfo)", "url": "https://california.public.law/codes/public_utilities_code_section_2872" }, { "title": "Elections Code 20010 (current text)", "url": "https://california.public.law/codes/elections_code_section_20010" }, { "title": "Elections Code 20012 (as amended Sept. 19, 2026)", "url": "https://california.public.law/codes/elections_code_section_20012" }, { "title": "Bus. and Prof. Code 17941 (BOT Act)", "url": "https://california.public.law/codes/business_and_professions_code_section_17941" }, { "title": "Governor Newsom signs election protection laws, Sept. 19, 2026", "url": "https://www.gov.ca.gov/2026/09/19/governor-newsom-signs-new-laws-to-protect-california-elections-from-trump-interference/" }, { "title": "Kohls v. Bonta case tracker", "url": "https://aichallengewatch.com/cases/kohls-v-bonta/" }, { "title": "Columbia Global Freedom of Expression: Kohls v. Bonta", "url": "https://globalfreedomofexpression.columbia.edu/cases/christopher-kohls-v-bonta/" }, { "title": "Public Citizen tracker: state legislation on deepfakes in elections", "url": "https://www.citizen.org/article/tracker-legislation-on-deepfakes-in-elections/" }, { "title": "Ninth Circuit docket, The Babylon Bee v. Bonta, No. 25-6138 (CourtListener)", "url": "https://www.courtlistener.com/docket/71503636/the-babylon-bee-llc-et-al-v-bonta-et-al/" } ], "unverified": [ "Whether a court challenge to AB 502's new Section 20012 text has been filed since September 19, 2026 (none found on CourtListener as of October 5, 2026), and whether the Ninth Circuit will treat AB 502 as mooting the AB 2839 appeal.", "Whether the August 2025 permanent injunction against AB 2839 runs only to the named plaintiffs or to all enforcement; the Assembly analysis describes it as running to the plaintiffs, some secondary sources describe it as total.", "Whether Pub. Util. Code 2874 (ADAD artificial voice rule) reaches live, real-time conversational AI voice agents as opposed to prerecorded messages; no statute text or ruling found on this.", "Whether the CPUC has adopted implementing orders for AB 2905's artificial voice disclosure.", "The exact Gov. Code 84504.1 to 84504.4 format specs (size and duration) as applied to the AI disclaimer in video, print and online ads; summarized from the AB 2355 text rather than quoted.", "Complete list of 2025 and 2026 California election AI bills that died or were vetoed; the official site (leginfo) was intermittently unreachable during research." ] }, { "abbr": "CO", "name": "Colorado", "slug": "colorado", "last_verified": "2026-10-05", "headline": "Any AI deepfake of a candidate sent to that candidate's voters within 60 days of a primary or 90 days of a general election is illegal unless it carries Colorado's exact disclosure, spoken at the start and end of any audio, including AI voice calls.", "election": { "status": "disclosure", "summary": "Colorado bars distributing a communication about a candidate that includes an AI-generated deepfake to that candidate's electorate within 60 days before a primary or 90 days before a general election, if the sender knows or recklessly disregards that the candidate did not say or do what is shown. The ban is lifted only if the communication carries the statutory disclosure in a clear and conspicuous way, including spoken disclosure in audio and the statement in the file's metadata. Enforcement is through administrative complaints to the Secretary of State and lawsuits by the depicted candidate.", "laws": [ { "bill": "HB 24-1147 (2024)", "citation": "C.R.S. 1-46-101 to 1-46-106 (deepfake rule at 1-46-103); penalties at C.R.S. 1-45-111.5(1.5)(c.5)", "title": "Candidate Election Deepfake Disclosures", "enacted": "2024-05-24", "effective": "2024-07-01", "official_url": "https://leg.colorado.gov/bills/hb24-1147", "media_covered": "image, video, audio, or multimedia content substantially created or modified by generative AI that falsely appears authentic or truthful and depicts an individual appearing to say or do something they did not (candidates include incumbents and federal candidates)", "who_is_covered": "any person who distributes, disseminates, publishes, broadcasts, transmits, or displays the communication to an audience that includes the candidate's electorate", "window": "60 days before a primary election or 90 days before a general election", "type": "ban_unless_disclosed", "intent_standard": "knows or has reckless disregard for the fact that the depicted candidate did not say or do what is depicted", "disclosure_text": "This (image/audio/video/multimedia) has been edited and depicts speech or conduct that falsely appears to be authentic or truthful.", "disclosure_specs": "Visual: text no smaller than the largest font size of other text in the communication (or easily readable if there is no other text). Audio: read in a clearly spoken manner in the same pitch, speed, language, and volume as most of the audio, at the beginning and at the end, and if longer than two minutes, also at intervals of not more than one minute. Metadata must include the disclosure, the identity of the tool used to create the deepfake, and the creation date and time. Disclosure must be permanent or hard to remove where technically feasible. Must also meet any Secretary of State rules and FCC size, duration, and placement rules for broadcast or online communications.", "exemptions": [ "interactive computer services under 47 U.S.C. 230 for third-party content", "broadcasters, cable and satellite operators airing a deepfake in bona fide news coverage if they acknowledge questions about its authenticity", "broadcasters, cable and satellite operators, and streaming services paid to air the communication", "websites and regularly published newspapers, magazines, and periodicals carrying news and commentary that clearly state the deepfake does not accurately represent the candidate", "satire or parody that depends substantially on a person's physical or verbal impersonation rather than generative AI", "the technology provider used to create the deepfake" ], "penalty_criminal": null, "penalty_civil": "Any person may file a complaint with the Secretary of State, adjudicated under C.R.S. 1-45-111.7 (C.R.S. 1-46-104). A hearing officer must impose a civil penalty of at least $100 per violation when no paid promotion is involved, or at least 10 percent of the amount spent to advertise or promote the communication, or a higher amount based on distribution and exposure (C.R.S. 1-45-111.5(1.5)(c.5)).", "private_right_of_action": "The depicted candidate may sue for injunctive relief, compensatory and punitive damages, attorney fees and costs, and other relief; must prove knowledge or reckless disregard by clear and convincing evidence.", "injunctive_relief": true, "litigation": null, "notes": "Applies only to communications about candidates (not ballot measures). Because audio is covered, an AI-voiced robocall or voicemail that imitates a candidate in the window needs the spoken disclosure at the start and end. Applies to communications distributed on or after July 1, 2024. The act preserves criminal liability under C.R.S. 1-13-109 (knowingly or recklessly false statements about candidates) for deepfakes with false statements (C.R.S. 1-46-106). No 2025 or 2026 amendment found; a 2026 biometric likeness felony bill (HB26-1049) died in committee. Injunction suits must be heard by the district court at the earliest practical time (C.R.S. 1-46-105).", "summary": null, "status": "in_effect" } ], "pending": [ { "bill": "HB26-1049", "title": "Prohibit Use of Personally Identifying Feature (felony to use a person's face or voice in an ad or deepfake without permission)", "status": "Postponed indefinitely by House State, Civic, Military, and Veterans Affairs Committee on 2026-02-12 (dead)", "url": "https://leg.colorado.gov/bills/hb26-1049" } ], "campaign_checklist": [ "Put the exact Colorado disclosure on any ad, mailer, social post, or call that uses an AI-generated depiction of a candidate within 60 days of the primary or 90 days of the general.", "For audio and AI voice calls, have the disclosure spoken at the beginning and end in the same voice, speed, and volume as the rest, and every minute if over two minutes.", "Embed the disclosure, the AI tool name, and the creation date and time in the file metadata.", "In visual ads, match the disclosure font size to the largest text in the ad.", "Keep AI parody clearly labeled; the parody exemption does not cover content that relies mainly on generative AI." ] }, "ai_calls": { "summary": "Colorado has no statute aimed specifically at AI voices in phone calls. The election deepfake law covers audio communications, so an AI-generated or cloned voice depicting a candidate in a call or voicemail sent to that candidate's voters within 60 days of a primary or 90 days of a general election requires the spoken disclosure at the start and end. Federal TCPA rules (FCC 2024 ruling that AI voices are artificial voices) still apply to calls into Colorado.", "laws": [ { "bill": "HB 24-1147 (2024)", "citation": "C.R.S. 1-46-103(2)(b)(II)", "title": "Audio deepfake disclosure in candidate communications", "enacted": "2024-05-24", "effective": "2024-07-01", "official_url": "https://leg.colorado.gov/bills/hb24-1147", "media_covered": "audio communications, including calls and voicemails, that contain a deepfake of a candidate", "who_is_covered": "any person distributing the communication to the candidate's electorate", "window": "60 days before a primary, 90 days before a general", "type": "ban_unless_disclosed", "intent_standard": "knowledge or reckless disregard that the candidate did not say what is depicted", "disclosure_text": "This (image/audio/video/multimedia) has been edited and depicts speech or conduct that falsely appears to be authentic or truthful.", "disclosure_specs": "Read clearly at the beginning and end, same pitch, speed, language, and volume as most of the audio; repeated at least every minute if the audio exceeds two minutes.", "exemptions": [ "see election entry" ], "penalty_criminal": null, "penalty_civil": "At least $100 per violation, or at least 10 percent of the amount spent to promote a paid communication (C.R.S. 1-45-111.5(1.5)(c.5))", "private_right_of_action": "Depicted candidate may sue for injunction, damages, and attorney fees", "injunctive_relief": true, "litigation": null, "notes": "An AI voice agent speaking as itself (not impersonating a candidate) is not a deepfake under this law. No separate Colorado AI voice disclosure or political robocall statute was found in this review.", "summary": null, "status": "in_effect" } ] }, "categories": { "election_admin": [] }, "sources": [ { "title": "Colorado General Assembly, HB24-1147", "url": "https://leg.colorado.gov/bills/hb24-1147" }, { "title": "C.R.S. 1-46-103 text (FindLaw)", "url": "https://codes.findlaw.com/co/title-1-elections/co-rev-st-sect-1-46-103/" }, { "title": "Colorado Attorney General Public Advisory on Political Advertising Deepfakes (2024-09-09)", "url": "https://coag.gov/app/uploads/2024/09/Public-Advisory-Deep-Fakes-9-9-2024.pdf" }, { "title": "Colorado General Assembly, HB26-1049", "url": "https://leg.colorado.gov/bills/hb26-1049" }, { "title": "Public Citizen, Tracker: State Legislation on Deepfakes in Elections", "url": "https://www.citizen.org/article/tracker-legislation-on-deepfakes-in-elections/" }, { "title": "C.R.S. 1-46-104 and 1-46-105 (FindLaw)", "url": "https://codes.findlaw.com/co/title-1-elections/co-rev-st-sect-1-46-105/" }, { "title": "HB24-1147 signed act (PDF)", "url": "https://leg.colorado.gov/bill_files/41277/download" } ], "unverified": [ "No search of Colorado's general telephone solicitation statutes for provisions reaching political or AI voice calls was completed." ] }, { "abbr": "CT", "name": "Connecticut", "slug": "connecticut", "last_verified": "2026-10-05", "headline": "Connecticut has no law on AI or deepfakes in political ads or calls; a 90-day deceptive synthetic media bill cleared committees in 2025 and 2026 but never got a House vote.", "election": { "status": "none", "summary": "Connecticut has not enacted a law regulating deepfakes or AI-generated content in political communications. Bills to restrict deceptive synthetic media in the 90 days before an election or primary cleared committees in 2025 (HB 6846) and 2026 (HB 5342) but were never called for a House vote, and the 2024 comprehensive AI bill with election provisions (SB 2) died in the House. Normal Connecticut campaign finance attribution rules still apply to any ad, AI-made or not.", "laws": [], "pending": [ { "bill": "HB 5342 (2026)", "title": "Deceptive synthetic media within the 90-day period before an election or primary", "status": "Failed. Reported by Government Administration and Elections and Judiciary, tabled for the House calendar 2026-04-20; session adjourned without a vote.", "url": "https://www.cga.ct.gov/asp/cgabillstatus/cgabillstatus.asp?selBillType=Bill&which_year=2026&bill_num=5342" }, { "bill": "HB 6846 (2025)", "title": "Deceptive synthetic media within the 90-day period before an election or primary", "status": "Failed. Tabled for the House calendar 2025-04-28; no floor vote.", "url": "https://www.cga.ct.gov/asp/cgabillstatus/cgabillstatus.asp?selBillType=Bill&which_year=2025&bill_num=6846" }, { "bill": "SB 2 (2024)", "title": "An Act Concerning Artificial Intelligence (included election deepfake provisions)", "status": "Failed. Passed Senate April 2024; not taken up by the House.", "url": "https://www.cga.ct.gov/asp/cgabillstatus/cgabillstatus.asp?selBillType=Bill&which_year=2024&bill_num=2" } ], "campaign_checklist": [ "No state AI disclaimer is required on Connecticut political ads today, but standard Connecticut attribution (paid for by) rules still apply.", "Expect the 90-day deceptive synthetic media bill to return in 2027; it has advanced out of committee two years running.", "AI voice calls into Connecticut still fall under federal TCPA rules that treat AI voices as artificial voices requiring prior express consent for calls to cell phones.", "Deepfakes of real people can still create defamation and false light exposure under general Connecticut law." ] }, "ai_calls": { "summary": "Connecticut has no statute specific to AI voices in phone calls or political robocalls. Its recorded-message device law (C.G.S. 16-256e) covers only unsolicited recorded calls for a commercial, business or advertising purpose, and campaign calls are generally outside state do-not-call coverage. Federal TCPA rules, including the FCC's 2024 ruling that AI-generated voices are artificial voices, govern AI voice calls into the state.", "laws": [] }, "categories": { "election_admin": [] }, "sources": [ { "title": "CGA bill status, HB 5342 (2026)", "url": "https://www.cga.ct.gov/asp/cgabillstatus/cgabillstatus.asp?selBillType=Bill&which_year=2026&bill_num=5342" }, { "title": "CGA bill status, HB 6846 (2025)", "url": "https://www.cga.ct.gov/asp/cgabillstatus/cgabillstatus.asp?selBillType=Bill&which_year=2025&bill_num=6846" }, { "title": "Public Citizen, Tracker: State Legislation on Deepfakes in Elections", "url": "https://www.citizen.org/article/tracker-legislation-on-deepfakes-in-elections/" }, { "title": "OLR report, Application of State Do-Not-Call Laws to Campaign Calls", "url": "https://www.cga.ct.gov/2006/rpt/2006-r-0717.htm" }, { "title": "CGA bill status, SB 2 (2024)", "url": "https://www.cga.ct.gov/asp/cgabillstatus/cgabillstatus.asp?selBillType=Bill&which_year=2024&bill_num=2" }, { "title": "C.G.S. 16-256e (Chapter 283)", "url": "https://www.cga.ct.gov/current/pub/chap_283.htm" } ], "unverified": [ "SB 2 (2024) election provisions taken from the Public Citizen tracker; the CGA bill page confirms it passed the Senate 2024-04-24 and was tabled on the House calendar 2024-04-25 without a vote." ] }, { "abbr": "DE", "name": "Delaware", "slug": "delaware", "last_verified": "2026-10-05", "headline": "In the 90 days before a Delaware election it is a crime to distribute a deepfake of a candidate or party without the depicted person's consent unless it carries the exact disclosure \"This (image/video/audio) has been altered or artificially generated.\"", "election": { "status": "disclosure", "summary": "Delaware makes it a class B misdemeanor to distribute, or contract to distribute, a deepfake of a candidate or political party within 90 days before an election without the depicted person's consent, when the distributor knows or reasonably should know it is a deepfake. A deepfake is synthetic media made with intent to injure a candidate or party or otherwise deceive a voter. Including the statutory disclosure, sized and placed as the law requires, removes the violation. Depicted candidates can also sue in the Court of Chancery for an expedited injunction and damages.", "laws": [ { "bill": "HB 316 w/ HS 1 (2024)", "citation": "15 Del. C. 5145 (84 Del. Laws, c. 487)", "title": "Use of deep fake technology to influence an election; penalty; injunctive relief", "enacted": "2024-10-09", "effective": "2024-10-09", "official_url": "https://legis.delaware.gov/SessionLaws/Chapter?id=42118", "media_covered": "images, audio recordings, and video recordings of a person's appearance, speech, or conduct created or manipulated with generative adversarial network techniques or other digital technology to be realistic but false", "who_is_covered": "any person who distributes a deepfake or enters a contract or agreement to distribute one", "window": "within 90 days before an election", "type": "ban_unless_disclosed", "intent_standard": "The media must depict a candidate or political party with intent to injure the candidate's or party's reputation or otherwise deceive a voter; the distributor must know or reasonably should know it is a deepfake; and the depicted individual did not consent.", "disclosure_text": "This (image/video/audio) has been altered or artificially generated.", "disclosure_specs": "The words \"image\", \"video\" or \"audio\" appear in the statute as written in parentheses; use the one that fits. Visual media: text easily readable by the average viewer and no smaller than the largest font size of other text in the media; for video, the disclosure must appear for the duration of the video. Audio-only media (if no visual disclosure is feasible): read in a clearly spoken manner and an easily understood pitch at the beginning and end, and if longer than 2 minutes, repeated at intervals of not more than 2 minutes.", "exemptions": [ "broadcasters, cable and satellite operators, mobile apps, websites, and streaming platforms airing the deepfake in bona fide news coverage that acknowledges questions about its authenticity, or where federal law requires airing a legally qualified candidate's ad", "websites and regularly published newspapers, magazines, and periodicals carrying news and commentary that clearly state the media does not accurately represent the depicted person", "satire or parody", "interactive computer services, information services, and telecommunications services for content provided by others (47 U.S.C. 230 and 153)", "activity to detect, prevent, or respond to fraud, security incidents, and other illegal activity" ], "penalty_criminal": "Class B misdemeanor. Class A misdemeanor if committed with intent to cause violence or bodily harm, or within 5 years of a prior conviction under this section.", "penalty_civil": null, "private_right_of_action": "A candidate depicted in a deepfake may bring an expedited action for injunctive relief and damages in the Court of Chancery; the court may award the prevailing party reasonable attorney fees and costs.", "injunctive_relief": true, "litigation": null, "notes": "The original act also exempted broadcasters and platforms paid to air a deepfake if they made good faith verification efforts; that exemption (subsection (d)(2)) sunset one year after enactment and now reads \"[Repealed.]\" in the Delaware Code. Applies to deepfakes of political parties as well as candidates. The consent element means a campaign's own AI depiction of its own candidate, made with the candidate's consent, is outside the ban. No AI election bill was found among the 2025 to 2026 (153rd General Assembly) bill titles and synopses.", "summary": null, "status": "in_effect" } ], "pending": [], "campaign_checklist": [ "Within 90 days of any Delaware election, put \"This (image/video/audio) has been altered or artificially generated.\" on any AI-altered depiction of an opposing candidate or party.", "For video, keep the disclosure on screen for the full length; match it to the largest text size used.", "For audio-only spots and AI voice calls depicting a candidate, speak the disclosure at the start and the end, and every 2 minutes if longer than 2 minutes.", "Get written consent before using an AI likeness or cloned voice of your own candidate or surrogates.", "Remember the standard Delaware \"Paid for by\" line still applies to campaign ads worth $500 or more, including telephone communications." ] }, "ai_calls": { "summary": "Delaware has no statute specific to AI voices in phone calls. Its election deepfake law covers audio, so an AI-cloned voice of a candidate in a call or voicemail within 90 days of an election, made without that candidate's consent and meant to injure or deceive, requires the spoken disclosure at the start and end of the audio. Delaware's campaign finance law treats telephone as a communications medium, so paid political calls worth $500 or more need a \"Paid for by\" statement. Federal TCPA rules on artificial voices also apply.", "laws": [ { "bill": "HB 316 w/ HS 1 (2024)", "citation": "15 Del. C. 5145(c)(3)", "title": "Audio deepfake disclosure", "enacted": "2024-10-09", "effective": "2024-10-09", "official_url": "https://delcode.delaware.gov/title15/c051/sc02/index.html", "media_covered": "audio-only media, including calls and voicemails, containing a deepfake of a candidate or party", "who_is_covered": "any person distributing or contracting to distribute the audio", "window": "within 90 days before an election", "type": "ban_unless_disclosed", "intent_standard": "intent to injure a candidate or party or deceive a voter; knows or reasonably should know it is a deepfake; no consent from the depicted individual", "disclosure_text": "This (image/video/audio) has been altered or artificially generated.", "disclosure_specs": "Spoken clearly in an easily understood pitch at the beginning and end; if over 2 minutes, repeated at intervals of not more than 2 minutes.", "exemptions": [ "see election entry" ], "penalty_criminal": "Class B misdemeanor (Class A with intent to cause violence or for a repeat offense within 5 years)", "penalty_civil": null, "private_right_of_action": "Depicted candidate may seek expedited injunction and damages in Court of Chancery", "injunctive_relief": true, "litigation": null, "notes": "An AI voice agent speaking as itself, not impersonating a real person, is not a deepfake under this section.", "summary": null, "status": "in_effect" }, { "bill": null, "citation": "15 Del. C. 8002(7) and 8021", "title": "Identification of purchaser (paid for by) on campaign advertisements", "enacted": null, "effective": null, "official_url": "https://delcode.delaware.gov/title15/c080/sc03/index.html", "media_covered": "campaign and third-party advertisements in any communications media, which the code defines to include telephone", "who_is_covered": "candidate committees, political parties, and third parties paying for advertisements", "window": "anytime", "type": "disclosure_required", "intent_standard": null, "disclosure_text": "Paid for by [name of political committee or other person paying for such advertisement].", "disclosure_specs": "Applies to advertisements with fair market value of $500 or more. Third-party ads must add \"Learn more about [name of person] at [Commissioner of Elections' web address].\" The Commissioner may set medium-specific size, placement, and duration rules.", "exemptions": [ "printed items smaller than 9 square inches" ], "penalty_criminal": null, "penalty_civil": null, "private_right_of_action": null, "injunctive_relief": null, "litigation": null, "notes": "Not AI-specific. Whether the Commissioner's regulations apply this to individual phone calls was not confirmed.", "summary": null, "status": "in_effect" } ] }, "categories": { "election_admin": [] }, "sources": [ { "title": "Delaware Session Laws, 84 Del. Laws c. 487 (HS 1 for HB 316)", "url": "https://legis.delaware.gov/SessionLaws/Chapter?id=42118" }, { "title": "Delaware Code, Title 15, Chapter 51, Subchapter II (current text of 5145)", "url": "https://delcode.delaware.gov/title15/c051/sc02/index.html" }, { "title": "Delaware Code, Title 15, Chapter 80, Subchapter III (8021)", "url": "https://delcode.delaware.gov/title15/c080/sc03/index.html" }, { "title": "Delaware Code, Title 15, Chapter 80, Subchapter I (8002 definitions)", "url": "https://delcode.delaware.gov/title15/c080/sc01/index.html" }, { "title": "Delaware General Assembly bill detail, HS 1 for HB 316", "url": "https://legis.delaware.gov/BillDetail/141109" }, { "title": "Public Citizen, Tracker: State Legislation on Deepfakes in Elections", "url": "https://www.citizen.org/article/tracker-legislation-on-deepfakes-in-elections/" } ], "unverified": [ "Effective date assumed to be the approval date (2024-10-09) because the act contains no delayed effective date clause; not separately confirmed.", "Pending bill check for 2025 to 2026 relied on titles and synopses of all 1,961 measures in the 153rd General Assembly, not full bill text.", "Whether Delaware's general telemarketing or automatic dialing laws reach political calls was not confirmed." ] }, { "abbr": "DC", "name": "District of Columbia", "slug": "district-of-columbia", "last_verified": "2026-10-05", "headline": "The District of Columbia has no law on AI or deepfakes in political ads or calls; the Campaign Finance Modernization Amendment Act (B26-0329), which would require AI disclaimers and ban undisclosed or knowing deepfakes within 90 days of an election, has sat in committee since 2025.", "election": { "status": "none", "summary": "D.C. has not enacted any rule on AI-generated or synthetic media in political communications. Councilmember Allen's 2024 Deepfake Political Advertising Regulation Amendment Act (B25-0832) died at the end of Council Period 25. His 2025 Campaign Finance Modernization Amendment Act (B26-0329) would add AI disclaimers for images, audio, and video, bar distributing known artificial media within 90 days of an election, allow injunctions, and set Campaign Finance Board fines up to $10,000 (first offense) and $20,000 (repeat), but it has had no hearing and is still under Council review. Bills not passed by December 31, 2026 expire with Council Period 26.", "laws": [], "pending": [ { "bill": "B26-0329 (2025)", "title": "Campaign Finance Modernization Amendment Act of 2025 (adds a new section 315a on political advertising using artificial media)", "status": "Under Council review. Introduced 2025-07-14 by Councilmember Allen (co-introducers Nadeau, Henderson, Lewis George); referred to the Committee on Executive Administration and Labor 2025-09-17; no hearing or markup recorded.", "url": "https://lims.dccouncil.gov/Legislation/B26-0329" }, { "bill": "B25-0832 (2024)", "title": "Deepfake Political Advertising Regulation Amendment Act of 2024", "status": "Failed. Introduced 2024-06-05 and referred to committee; expired at the end of Council Period 25 (December 2024).", "url": "https://lims.dccouncil.gov/Legislation/B25-0832" } ], "campaign_checklist": [ "No D.C. AI disclaimer is required today; follow the District's standard paid-for-by rules on all campaign material.", "If B26-0329 advances, expect exact disclaimers such as \"This audio has been altered or modified through the use of artificial intelligence or other digital technology to display a sound or voice that did not occur.\" read at the start and end of audio.", "Avoid AI likenesses of opponents near an election; the pending bill would bar known artificial media within 90 days regardless of labels.", "Federal TCPA rules on AI and prerecorded voices apply to calls into D.C." ] }, "ai_calls": { "summary": "D.C. has no statute specific to AI voices or political robocalls. The pending B26-0329 would require a spoken AI disclaimer at the beginning and end of altered campaign audio (and every two minutes if longer) and bar known artificial media within 90 days of an election, but it is not law. Federal TCPA rules, including the FCC's 2024 ruling that AI-generated voices are artificial voices, govern calls into the District.", "laws": [] }, "categories": { "election_admin": [] }, "sources": [ { "title": "D.C. Council LIMS, B26-0329 Campaign Finance Modernization Amendment Act of 2025", "url": "https://lims.dccouncil.gov/Legislation/B26-0329" }, { "title": "B26-0329 introduced text (PDF)", "url": "https://lims.dccouncil.gov/downloads/LIMS/58168/Introduction/B26-0329-Introduction.pdf?Id=217581" }, { "title": "D.C. Council LIMS, B25-0832 Deepfake Political Advertising Regulation Amendment Act of 2024", "url": "https://lims.dccouncil.gov/Legislation/B25-0832" }, { "title": "Public Citizen, Tracker: State Legislation on Deepfakes in Elections", "url": "https://www.citizen.org/article/tracker-legislation-on-deepfakes-in-elections/" } ], "unverified": [ "A full search of all Council Period 26 measures for other AI or robocall bills was not completed; only the two deepfake election bills were checked on LIMS.", "Whether D.C. campaign finance attribution rules (D.C. Code 1-1163.15) apply to individual phone calls was not checked.", "B26-0329 status taken from the prior LIMS check and the Public Citizen tracker (updated September 29, 2026, which lists it as introduced only); LIMS could not be re-read on October 5, 2026." ] }, { "abbr": "FL", "name": "Florida", "slug": "florida", "last_verified": "2026-10-05", "headline": "Any Florida political ad, electioneering communication, or political call that uses generative AI to show a real person doing something that did not happen, made with intent to injure a candidate or deceive about a ballot issue, must carry the exact disclaimer \"Created in whole or in part with the use of generative artificial intelligence (AI).\" year round, and every paid political call or text needs a \"Paid for by\" statement.", "election": { "status": "disclosure", "summary": "Florida requires a specific AI disclaimer on political advertisements, electioneering communications, and other political advertisements that contain generative AI content appearing to show a real person doing something that did not actually occur, when the content was created with intent to injure a candidate or to deceive about a ballot issue. There is no pre-election window; the rule applies at all times. The sponsor named in the ad's other disclaimers commits a first degree misdemeanor by omitting it, and anyone can file a complaint with the Florida Elections Commission for an expedited hearing. No 2025 or 2026 amendments passed; the 2026 AI Bill of Rights (SB 482) passed the Senate but died in the House.", "laws": [ { "bill": "CS/HB 919 (2024)", "citation": "Fla. Stat. 106.145 (ch. 2024-126, Laws of Fla.)", "title": "Artificial Intelligence Use in Political Advertising", "enacted": "2024-04-26", "effective": "2024-07-01", "official_url": "http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0100-0199/0106/Sections/0106.145.html", "media_covered": "images, video, audio, graphics, or other digital content created in whole or in part with generative AI that appears to depict a real person performing an action that did not actually occur", "who_is_covered": "anyone responsible for a political advertisement, electioneering communication, or other miscellaneous advertisement of a political nature; criminal liability falls on the person identified in the ad's other required disclaimers as paying for, sponsoring, or approving it", "window": "anytime", "type": "disclosure_required", "intent_standard": "content created with intent to injure a candidate or to deceive regarding a ballot issue", "disclosure_text": "Created in whole or in part with the use of generative artificial intelligence (AI).", "disclosure_specs": "Printed: bold, at least 12 point. Television or video: clearly readable throughout and at least 4 percent of vertical picture height. Internet text or graphics: viewable without user action and clearly readable. Any audio component: at least 3 seconds, clearly audible and intelligible, at the beginning or end of the audio. Graphic communications: clearly readable and at least 4 percent of vertical height. This is in addition to all other Chapter 106 disclaimers.", "exemptions": [], "penalty_criminal": "First degree misdemeanor (up to 1 year in jail and a $1,000 fine under ss. 775.082 and 775.083) for the payor, sponsor, or approver who fails to include the disclaimer", "penalty_civil": "Civil penalties through the Florida Elections Commission complaint process, in addition to the criminal penalty", "private_right_of_action": "No lawsuit right; any person may file a complaint with the Florida Elections Commission, which must provide an expedited hearing.", "injunctive_relief": null, "litigation": null, "notes": "No news, satire, or parody exemption appears in the statute text. Unlike most states, there is no election window and no ban: compliant AI content is allowed if labeled. Statute history shows no amendment since ch. 2024-126.", "summary": null, "status": "in_effect" } ], "pending": [ { "bill": "CS/SB 482 (2026)", "title": "Artificial Intelligence Bill of Rights (companion chatbot rules for minors, bot disclosure, government AI contracts)", "status": "Died in House Messages 2026-03-13 after passing Senate 35 to 2", "url": "https://www.flsenate.gov/Session/Bill/2026/482" }, { "bill": "SB 702 / HB 369 (2025)", "title": "Provenance of Digital Content", "status": "Died 2025-06-16", "url": "https://www.flsenate.gov/Session/Bill/2025/702" }, { "bill": "SB 588 / HB 1271 (2025)", "title": "Campaign Communications (consent and opt-out rules for campaign calls and texts, with private lawsuits)", "status": "Died in Ethics and Elections 2025-06-16", "url": "https://www.flsenate.gov/Session/Bill/2025/588" } ], "campaign_checklist": [ "Label any AI-generated depiction of a real person in a Florida political ad with the exact disclaimer, year round, not just near elections.", "On radio, robocalls, and voicemails with AI-generated audio of a real person, speak the disclaimer for at least 3 seconds at the start or end.", "On TV and video, keep the AI disclaimer on screen the whole time at 4 percent of picture height or more.", "Every paid political call or mass text must state \"Paid for by\" the sponsor; candidate calls must say \"Paid for by [candidate] For [office]\".", "Get the candidate's written authorization on file with the qualifying officer before non-independent advocacy calls or texts begin.", "Out-of-state call and text vendors must register a Florida registered agent with the Division of Elections before calling into Florida." ] }, "ai_calls": { "summary": "Florida has no rule specifically about AI voice agents, but two election statutes reach AI political calls. If a political call contains generative AI audio that makes a real person appear to say something they did not, with intent to injure a candidate or deceive about a ballot issue, the AI disclaimer must be spoken for at least 3 seconds at the beginning or end. Separately, every political call or mass text supporting or opposing a candidate, official, or ballot measure must state who paid for it, may not falsely claim to represent a person or group, needs the candidate's written authorization on file if it is not an independent expenditure, and vendors calling into Florida must register an agent. The Florida Telephone Solicitation Act targets commercial sales calls, and federal TCPA rules on artificial voices also apply.", "laws": [ { "bill": "CS/HB 919 (2024)", "citation": "Fla. Stat. 106.145(3)(d)", "title": "AI disclaimer for audio in political communications", "enacted": "2024-04-26", "effective": "2024-07-01", "official_url": "http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0100-0199/0106/Sections/0106.145.html", "media_covered": "audio components of political ads, including calls and voicemails, with generative AI depictions of a real person", "who_is_covered": "sponsor, payor, or approver of the communication", "window": "anytime", "type": "disclosure_required", "intent_standard": "intent to injure a candidate or deceive regarding a ballot issue", "disclosure_text": "Created in whole or in part with the use of generative artificial intelligence (AI).", "disclosure_specs": "At least 3 seconds, clearly audible and intelligible, at the beginning or end of the audio.", "exemptions": [], "penalty_criminal": "First degree misdemeanor", "penalty_civil": "Florida Elections Commission civil penalties", "private_right_of_action": null, "injunctive_relief": null, "litigation": null, "notes": "A synthetic voice that does not depict a real person (for example an AI agent with its own invented persona) is not plainly covered, since the trigger is content appearing to depict a real person.", "summary": null, "status": "in_effect" }, { "bill": null, "citation": "Fla. Stat. 106.147 (last amended ch. 2021-49)", "title": "Text message and telephone solicitation; disclosure requirements; prohibitions", "enacted": null, "effective": null, "official_url": "http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0100-0199/0106/Sections/0106.147.html", "media_covered": "telephone calls and text messages supporting or opposing a candidate, elected official, or ballot measure, and electioneering calls and texts, whether live, prerecorded, or AI-voiced", "who_is_covered": "candidates, committees, parties, independent expenditure makers, businesses, and their agents and vendors", "window": "anytime", "type": "disclosure_required", "intent_standard": "willful violation for criminal liability", "disclosure_text": "Paid for by", "disclosure_specs": "The phrase \"Paid for by\" followed by the name of the sponsoring persons or organizations; a candidate's call or text uses \"Paid for by\" followed by the candidate's name, the word \"For\" and the office sought. A text may instead carry a working hyperlink or URL to a website with the disclosure, which must stay online at least 30 days after the election. In a same-day text sequence only the first text needs the disclaimer.", "exemptions": [ "unpaid callers calling people they already know", "polling call series of fewer than 1,000 completed calls averaging more than 2 minutes", "texts sent individually by unpaid senders without mass distribution technology", "texts the recipient opted in to receive" ], "penalty_criminal": "First degree misdemeanor for willful violations", "penalty_civil": null, "private_right_of_action": null, "injunctive_relief": null, "litigation": null, "notes": "Political calls are squarely covered, whether live, prerecorded or AI-voiced. Calls and texts may not state or imply they represent a person or group without that group's written approval, or represent a nonexistent person or group, which matters for AI agents using personas. Non-independent advocacy calls require prior written authorization from the candidate or measure sponsor, filed with the qualifying officer before calls begin.", "summary": null, "status": "in_effect" }, { "bill": null, "citation": "Fla. Stat. 106.1475 (last amended ch. 2021-49)", "title": "Text message and telephone solicitation; registered agent requirements", "enacted": null, "effective": null, "official_url": "http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0100-0199/0106/Sections/0106.1475.html", "media_covered": "political calls and texts subject to s. 106.147", "who_is_covered": "any person or organization in the business of placing such calls or texts from or into Florida", "window": "anytime, and for 180 days after the business stops", "type": "disclosure_required", "intent_standard": null, "disclosure_text": null, "disclosure_specs": "Must file a notice of a Florida registered agent with the Division of Elections before conducting business, unless already registered to do business in Florida.", "exemptions": [ "persons already lawfully registered to do business in Florida" ], "penalty_criminal": "First degree misdemeanor", "penalty_civil": null, "private_right_of_action": null, "injunctive_relief": null, "litigation": null, "notes": "Applies to out-of-state phone bank and texting vendors calling Florida voters.", "summary": null, "status": "in_effect" } ] }, "categories": { "election_admin": [] }, "sources": [ { "title": "Fla. Stat. 106.145, Use of artificial intelligence", "url": "http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0100-0199/0106/Sections/0106.145.html" }, { "title": "Florida Senate, CS/HB 919 (2024)", "url": "https://www.flsenate.gov/Session/Bill/2024/919" }, { "title": "Fla. Stat. 106.147", "url": "http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0100-0199/0106/Sections/0106.147.html" }, { "title": "Fla. Stat. 106.1475", "url": "http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0100-0199/0106/Sections/0106.1475.html" }, { "title": "Florida Senate, CS/SB 482 (2026)", "url": "https://www.flsenate.gov/Session/Bill/2026/482" }, { "title": "Florida Senate, SB 588 (2025)", "url": "https://www.flsenate.gov/Session/Bill/2025/588" }, { "title": "Florida Senate, CS/CS/HB 991 (2026)", "url": "https://www.flsenate.gov/Session/Bill/2026/991" }, { "title": "Public Citizen, Tracker: State Legislation on Deepfakes in Elections", "url": "https://www.citizen.org/article/tracker-legislation-on-deepfakes-in-elections/" } ], "unverified": [ "Online statute text may not yet reflect 2026 session laws effective July 1, 2026; a keyword search of 2026 bills found no measure amending 106.145, 106.147, or 106.1475, but full-text review of every 2026 elections bill was not done.", "No court challenge to s. 106.145 was found, but searches were limited." ] }, { "abbr": "GA", "name": "Georgia", "slug": "georgia", "last_verified": "2026-10-05", "headline": "Georgia has no law on AI or deepfakes in political ads; the House version of SB 9 would have made election deepfakes within 90 days a crime and required AI disclaimers, but the Senate rejected it in January 2026 and it died when the 2025 to 2026 session ended.", "election": { "status": "none", "summary": "Georgia has not enacted any law regulating AI-generated or deceptive synthetic media in political communications. In 2024 HB 986 (fraudulent election interference with AI media within 90 days of an election) passed the House but was tabled in the Senate. In 2025 the House rewrote SB 9 to carry the same election deepfake crime plus AI disclaimers on campaign ads, but the Senate disagreed to the House substitute on 2026-01-28 and the bill died at the end of the biennium. Ordinary Georgia campaign finance and defamation law still apply.", "laws": [], "pending": [ { "bill": "SB 9 (2025 to 2026), House Rules Committee substitute LC 56 0401S", "title": "Would have created O.C.G.A. 21-2-605 crimes of fraudulent election interference (distributing AI-generated media within 90 days of an election with intent to deceive voters and influence a candidate's chances or create confusion about election administration) and required disclaimers on campaign ads using AI-generated media", "status": "Failed. Passed Senate 2025-03-04 (as an AI obscenity bill), passed House by substitute 2025-03-27 with the election provisions, Senate disagreed to House substitute 2026-01-28; session ended without agreement.", "url": "https://www.legis.ga.gov/legislation/69351" }, { "bill": "HB 478 (2025 to 2026)", "title": "Commerce and trade; require AI-generated content to include a disclaimer", "status": "Failed. Stalled after House second reading 2025-02-20.", "url": "https://www.legis.ga.gov/legislation/70395" }, { "bill": "HB 986 (2024)", "title": "Fraudulent election interference using AI-generated media (prior attempt)", "status": "Failed. Passed House February 2024; tabled in Senate 2024-03-26.", "url": "https://www.legis.ga.gov/legislation/66172" } ], "campaign_checklist": [ "No Georgia AI disclaimer is required on political ads today, but expect the SB 9 election deepfake language to return in the 2027 session.", "Avoid AI depictions of opponents that could support defamation or false light claims; Georgia has no safe harbor for labeled deepfakes because it has no statute at all.", "Prerecorded or automated calls that conduct polls or solicit information must follow Georgia's automatic dialing and announcing device rules (8 a.m. to 9 p.m., caller name and number within 25 seconds, prior written consent) unless they fit the nonprofit or non-commercial exemption.", "Federal TCPA rules on artificial and AI voices still govern robocalls to Georgia cell phones." ] }, "ai_calls": { "summary": "Georgia has no AI-specific calling law. Its automatic dialing and announcing device (ADAD) statute, O.C.G.A. 46-5-23, restricts equipment that automatically dials numbers and plays prerecorded messages for advertising or sales and also for conducting polls or soliciting information, unless the caller has prior written consent, calls only 8 a.m. to 9 p.m., disconnects within 10 seconds if the recipient refuses, and states the caller's name and phone number within 25 seconds. Calls by a nonprofit organization, or by an individual not for commercial profit, that do not advertise or sell are exempt; the statute does not mention political calls by name, so whether a for-profit vendor's political robocalls or polls qualify for the exemption is not settled. Whether a real-time AI voice agent counts as a prerecorded message under this law is also untested.", "laws": [ { "bill": null, "citation": "O.C.G.A. 46-5-23", "title": "Automatic dialing and announcing devices (ADAD)", "enacted": null, "effective": null, "official_url": "https://codes.findlaw.com/ga/title-46-public-utilities-and-public-transportation/ga-code-sect-46-5-23/", "media_covered": "automated calls that disseminate prerecorded messages", "who_is_covered": "anyone using ADAD equipment for advertising, sales, conducting polls, or soliciting information", "window": "anytime", "type": "ban_unless_disclosed", "intent_standard": null, "disclosure_text": null, "disclosure_specs": "Prior written consent; calls only between 8:00 a.m. and 9:00 p.m.; automatic disconnect within 10 seconds if the recipient declines; caller's name and telephone number stated within 25 seconds; no calls to unlisted numbers, hospitals, nursing homes, or emergency lines.", "exemptions": [ "calls by a nonprofit organization, or by an individual not for commercial profit, that do not advertise or offer goods, services, or property for sale, lease, or rental", "calls about payment, service, or warranty on goods or services already ordered or purchased", "debt collection calls" ], "penalty_criminal": "Misdemeanor", "penalty_civil": null, "private_right_of_action": null, "injunctive_relief": null, "litigation": null, "notes": "Not AI-specific and not election-specific. The statute also provides for telephone service disconnection after notice of violations. Exact text was reviewed through FindLaw, not the official code publisher.", "summary": null, "status": "in_effect" } ] }, "categories": { "election_admin": [] }, "sources": [ { "title": "Georgia General Assembly, SB 9 (2025 to 2026) bill detail", "url": "https://www.legis.ga.gov/legislation/69351" }, { "title": "SB 9 House Rules Committee substitute LC 56 0401S (PDF)", "url": "https://www.legis.ga.gov/api/legislation/document/20252026/237446" }, { "title": "Georgia General Assembly, HB 478 (2025 to 2026)", "url": "https://www.legis.ga.gov/legislation/70395" }, { "title": "O.C.G.A. 46-5-23 (FindLaw)", "url": "https://codes.findlaw.com/ga/title-46-public-utilities-and-public-transportation/ga-code-sect-46-5-23/" }, { "title": "Public Citizen, Tracker: State Legislation on Deepfakes in Elections", "url": "https://www.citizen.org/article/tracker-legislation-on-deepfakes-in-elections/" } ], "unverified": [ "Georgia legislature keyword search is imprecise; other 2025 to 2026 election AI bills that never moved may exist.", "Whether campaign committees or for-profit political vendors fall within the O.C.G.A. 46-5-23 nonprofit or non-commercial exemption has not been confirmed by any court or agency guidance found.", "The January 28, 2026 Senate disagreement on SB 9 could not be re-read on the official site (JavaScript page); the Public Citizen tracker (updated September 29, 2026) confirms SB 9 and HB 986 failed and Georgia has no enacted election deepfake law." ] }, { "abbr": "HI", "name": "Hawaii", "slug": "hawaii", "last_verified": "2026-10-05", "headline": "Hawaii's 2024 election deepfake law (Act 191, HRS 11-301 to 11-304) is permanently blocked: a federal court struck it down as unconstitutional on January 30, 2026, so it cannot be enforced in the 2026 elections.", "election": { "status": "enjoined", "summary": "Act 191 (2024) barred recklessly distributing materially deceptive AI or digitally created election advertisements from the first working day of February in even-numbered years through the general election, unless the media carried a disclaimer, and gave candidates and voter groups the right to sue. On January 30, 2026, the U.S. District Court for the District of Hawaii (Babylon Bee, LLC and Dawn O'Brien v. Lopez) held the law facially unconstitutional under the First and Fourteenth Amendments and permanently enjoined the Attorney General, Campaign Spending Commission members, and the Honolulu prosecutor from enforcing it. No appeal appears on the docket; later entries concern the State paying plaintiffs' attorney fees.", "laws": [ { "bill": "SB 2687 (2024)", "citation": "HRS 11-301 to 11-304 (2024 Haw. Sess. Laws Act 191; core rule at HRS 11-303)", "title": "Materially deceptive media in elections", "enacted": "2024-07-03", "effective": "2024-07-03", "official_url": "https://www.capitol.hawaii.gov/session/measure_indiv.aspx?billtype=SB&billnumber=2687&year=2024", "media_covered": "advertisements (video, image, or audio) depicting a person saying or doing something they did not, realistic enough to fool a reasonable viewer, created by GAN or machine learning techniques, AI, or digital technology", "who_is_covered": "any person who recklessly distributes, or agrees to distribute, the media", "window": "from the first working day of February in each even-numbered year through the next general election", "type": "ban_unless_disclosed", "intent_standard": "reckless distribution in reckless disregard of the risk of harming a candidate's reputation or electoral prospects or changing voters' behavior", "disclosure_text": null, "disclosure_specs": "No fixed wording: the disclaimer had to inform the viewer that the media has been manipulated by technical means and depicts appearance, speech, or conduct that did not occur. Video: throughout the entire video, clearly readable, letters at least as large as the largest text, same language. Image: clearly readable, at least as large as the largest text. Audio only: read at the beginning and end, clearly spoken, easily heard pitch, same language. Edited media also had to cite the original unedited sources.", "exemptions": [ "broadcasters, cable operators, and satellite providers not involved in creating the media", "interactive computer services, cloud providers, streaming services, and AI tool developers for third-party content, unless they knew it was deceptive and intended to deceive Hawaii residents" ], "penalty_criminal": "Petty misdemeanor; misdemeanor for a repeat within 5 years; class C felony if intended to cause violence or bodily harm (all now enjoined)", "penalty_civil": "Campaign Spending Commission fines (now enjoined)", "private_right_of_action": "Depicted individuals, candidates, and organizations representing voters could sue for damages and injunctions (now enjoined).", "injunctive_relief": true, "litigation": "The Babylon Bee, LLC and Dawn O'Brien v. Anne E. Lopez et al., No. 1:25-cv-00234-SASP-KJM (D. Haw.). Filed 2025-06-04. On 2026-01-30 Judge Shanlyn A.S. Park granted plaintiffs summary judgment (ECF 47), finding Act 191 a content-based restriction that fails strict scrutiny, an unconstitutional compelled disclaimer, and void for vagueness, and permanently enjoined the State defendants from enforcing it. Clerk's judgment entered 2026-01-30 (ECF 48). No notice of appeal was filed; the 30-day appeal deadline passed in early March 2026, and the last docket entries (through 2026-05-19) are stipulations extending fee deadlines pending legislative appropriation and payment.", "notes": "Treat this law as unenforceable. Signed as Act 191 on 2024-07-03 and effective on approval. It applied to ballot measure ads too. The statute remains on the books unless repealed.", "summary": null, "status": "enjoined" } ], "pending": [], "campaign_checklist": [ "Hawaii's deepfake disclaimer rule cannot be enforced in 2026 because of the permanent injunction, so there is no state AI label requirement right now.", "Keep using Hawaii's standard paid-for-by and authorization disclaimers on all advertisements.", "Deceptive AI depictions of real people can still lead to defamation or false light lawsuits.", "Watch for a narrower replacement bill in the 2027 legislative session." ] }, "ai_calls": { "summary": "Hawaii has no enforceable state rule specific to AI voices in political calls. Act 191 would have required a spoken disclaimer at the start and end of audio-only deceptive media, but it is permanently enjoined. Federal TCPA rules, including the FCC's 2024 ruling that AI-generated voices are artificial voices, still govern robocalls into Hawaii.", "laws": [] }, "categories": { "election_admin": [] }, "sources": [ { "title": "Order granting summary judgment, Babylon Bee v. Lopez, D. Haw. No. 1:25-cv-00234, ECF 47 (2026-01-30)", "url": "https://storage.courtlistener.com/recap/gov.uscourts.hid.174048/gov.uscourts.hid.174048.47.0.pdf" }, { "title": "CourtListener docket, The Babylon Bee, LLC v. Lopez", "url": "https://www.courtlistener.com/docket/70456324/the-babylon-bee-llc-v-lopez/" }, { "title": "Hawaii State Legislature, SB 2687 (2024)", "url": "https://www.capitol.hawaii.gov/session/measure_indiv.aspx?billtype=SB&billnumber=2687&year=2024" }, { "title": "Reason (Volokh Conspiracy), Hawaii deepfake disclaimer requirement struck down", "url": "https://reason.com/volokh/2026/01/31/hawaii-deceptive-election-related-deepfake-disclaimer-requirement-struck-down/" }, { "title": "Public Citizen, Tracker: State Legislation on Deepfakes in Elections", "url": "https://www.citizen.org/article/tracker-legislation-on-deepfakes-in-elections/" }, { "title": "Act 191 (SB 2687 CD1), approved 2024-07-03, Governor's Message 1292", "url": "https://www.capitol.hawaii.gov/sessions/session2024/bills/GM1292_.PDF" } ], "unverified": [ "Whether Hawaii's 2026 legislative session passed any replacement or repeal of Act 191, or any AI calling bill, could not be checked on the legislature's site.", "Absence of an appeal is based on the CourtListener docket (case terminated 2026-01-30, last entry 2026-05-19, no notice of appeal and no Ninth Circuit case found)." ] }, { "abbr": "ID", "name": "Idaho", "slug": "idaho", "last_verified": "2026-10-05", "headline": "Idaho's FAIR Elections Act lets a candidate sue over deceptive AI audio or video in electioneering communications (30 days before a primary, 60 before a general), and a labeled \"This (video/audio) has been manipulated\" disclosure is a complete defense; separately, every automated call using a prerecorded or synthesized voice must open by naming who it is for, its purpose, and how to reach the caller.", "election": { "status": "disclosure", "summary": "Idaho's Freedom From AI-Rigged (FAIR) Elections Act (2024) does not create a crime; it gives a candidate whose speech or actions are deceptively shown through synthetic audio or video in an electioneering communication the right to seek an injunction and damages against the content creator. Electioneering communications are those that clearly refer to a candidate and reach that candidate's voters within 30 days before a primary or 60 days before a general election, and the definition expressly includes telephone calls to residences. Including the disclosure \"This (video/audio) has been manipulated\" in the required format is an affirmative defense. Bills to fold the act into a rewritten campaign finance code (HB 442 in 2025, SB 1422 in 2026) died.", "laws": [ { "bill": "HB 664 (2024)", "citation": "Idaho Code 67-6628A (2024 Idaho Sess. Laws ch. 172)", "title": "Freedom From AI-Rigged (FAIR) Elections Act", "enacted": "2024-03-25", "effective": "2024-03-25", "official_url": "https://legislature.idaho.gov/statutesrules/idstat/Title67/T67CH66/SECT67-6628A/", "media_covered": "audio or video recordings of a person's speech or conduct created with GAN techniques or other digital technology to be realistic but false, showing an event or speech that did not occur and giving a fundamentally different impression than the original", "who_is_covered": "the information content provider (the person or entity responsible for creating or developing the content); the disseminating medium only if it strips the disclosure or alters the content into synthetic media", "window": "electioneering communications only: within 30 days before a primary or 60 days before a general election (Idaho Code 67-6602)", "type": "ban_unless_disclosed", "intent_standard": "candidate's action or speech is deceptively represented; plaintiff must prove use of synthetic media by clear and convincing evidence", "disclosure_text": "This (video/audio) has been manipulated", "disclosure_specs": "Video: text prominently displayed, easily readable by the average viewer, for the entire video. Audio only: read clearly in an easily heard pitch at the beginning and end, and if over two minutes, at intervals of no more than two minutes.", "exemptions": [ "federally licensed broadcasters transmitting communications subject to 47 U.S.C. 315", "media outlets that only disseminate (unless they remove the disclosure or alter the content into synthetic media)", "interactive computer service providers and users for content from others (except as above)" ], "penalty_criminal": null, "penalty_civil": null, "private_right_of_action": "The depicted candidate may seek injunctive or other equitable relief and sue the content provider for general and special damages; the court may award the prevailing party attorney fees and costs.", "injunctive_relief": true, "litigation": null, "notes": "Covers audio and video only, not still images. Courts are encouraged to decide these cases quickly. Statute text unchanged as of the legislature's October 2026 posting (history shows only the 2024 enactment). Passed House 61 to 8 on 2024-03-07 and Senate 23 to 11 on 2024-03-18; delivered to the Governor 2024-03-21 and signed 2024-03-25 with an immediate effective date. Liability is civil only (injunction and damages); the disclosure is an affirmative defense, so undisclosed synthetic media of a candidate in the window is actionable.", "summary": null, "status": "in_effect" } ], "pending": [ { "bill": "SB 1422 (2026)", "title": "Campaign finance transparency rewrite, including a recodified and expanded synthetic media section (would have covered candidate expenditures and independent expenditures)", "status": "Failed. Reported do pass 2026-03-25, retained on Senate third reading calendar through 2026-04-01; session ended without a vote.", "url": "https://legislature.idaho.gov/sessioninfo/2026/legislation/S1422/" }, { "bill": "HB 442 (2025)", "title": "Campaign finance transparency rewrite including synthetic media provisions", "status": "Failed. Referred to House State Affairs 2025-03-25; no further action.", "url": "https://legislature.idaho.gov/sessioninfo/2025/legislation/H0442/" } ], "campaign_checklist": [ "In the 30 days before a primary and 60 days before a general, add \"This (video/audio) has been manipulated\" to any AI-altered audio or video of a candidate; it is a full defense to a lawsuit.", "For video, keep the disclosure on screen the whole time; for audio and AI voice calls, say it at the start and end and at least every two minutes.", "Every automated call using a prerecorded or synthesized voice must begin by stating who the message is for, its purpose, and the caller's contact information, regardless of subject.", "Media buyers and platforms should never strip a disclosure; doing so shifts liability to them." ] }, "ai_calls": { "summary": "Idaho's automatic dialing-announcing device law applies to any call where a device dials numbers and plays a prerecorded or synthesized voice message, which on its face includes AI-generated voices, and it is not limited to sales calls. At the outset of the message the caller must disclose the name of the person for whom the message is made, the purpose of the message, and the caller's contact information. The telemarketing exemptions in Idaho Code 48-1005 apply only to the solicitor registration rules, not to this disclosure. In addition, AI-faked audio of a candidate in calls to residences within the electioneering window is covered by the FAIR Elections Act, so the \"This (audio) has been manipulated\" disclosure protects the sponsor.", "laws": [ { "bill": null, "citation": "Idaho Code 48-1003C (2007 Idaho Sess. Laws ch. 203)", "title": "Automatic dialing-announcing device disclosure", "enacted": "2007", "effective": null, "official_url": "https://legislature.idaho.gov/statutesrules/idstat/Title48/T48CH10/SECT48-1003C/", "media_covered": "calls by a device that selects and dials numbers and disseminates a prerecorded or synthesized voice message", "who_is_covered": "any person who contacts or tries to contact an Idaho subscriber using such a device", "window": "anytime", "type": "disclosure_required", "intent_standard": null, "disclosure_text": null, "disclosure_specs": "At the outset of the message: (a) the name of the person for whom the message is being made, (b) the purpose of the message, and (c) the caller's contact information.", "exemptions": [], "penalty_criminal": null, "penalty_civil": "Enforced by the Attorney General and district courts with Idaho Consumer Protection Act powers (Idaho Code 48-1006).", "private_right_of_action": "Limited: Idaho Code 48-1007 gives remedies to purchasers harmed by telephone solicitations; not clearly available for political calls.", "injunctive_relief": true, "litigation": null, "notes": "No political call exemption appears in the text. Whether a fully interactive real-time AI voice agent is a device that disseminates a synthesized voice message has not been tested, but the safest reading is yes.", "summary": null, "status": "in_effect" }, { "bill": "HB 664 (2024)", "citation": "Idaho Code 67-6628A(5)(b) and 67-6602", "title": "Audio deepfake disclosure safe harbor in electioneering calls", "enacted": "2024-03-25", "effective": "2024-03-25", "official_url": "https://legislature.idaho.gov/statutesrules/idstat/Title67/T67CH66/SECT67-6628A/", "media_covered": "synthetic audio of a candidate in electioneering communications, which include telephone calls made to personal residences", "who_is_covered": "the content provider", "window": "30 days before a primary, 60 days before a general election", "type": "ban_unless_disclosed", "intent_standard": "deceptive representation of a candidate, proven by clear and convincing evidence", "disclosure_text": "This (video/audio) has been manipulated", "disclosure_specs": "Read clearly at the beginning and end, and at intervals of no more than two minutes if longer than two minutes.", "exemptions": [ "see election entry" ], "penalty_criminal": null, "penalty_civil": null, "private_right_of_action": "Depicted candidate may seek injunction and damages", "injunctive_relief": true, "litigation": null, "notes": null, "summary": null, "status": "in_effect" } ] }, "categories": { "election_admin": [] }, "sources": [ { "title": "Idaho Code 67-6628A (Idaho Legislature, archived 2026-10-03)", "url": "https://legislature.idaho.gov/statutesrules/idstat/Title67/T67CH66/SECT67-6628A/" }, { "title": "Idaho Code 67-6602 definitions", "url": "https://legislature.idaho.gov/statutesrules/idstat/Title67/T67CH66/SECT67-6602/" }, { "title": "Idaho Legislature, HB 664 (2024)", "url": "https://legislature.idaho.gov/sessioninfo/2024/legislation/H0664/" }, { "title": "Idaho Legislature, SB 1422 (2026)", "url": "https://legislature.idaho.gov/sessioninfo/2026/legislation/S1422/" }, { "title": "Idaho Legislature, HB 442 (2025)", "url": "https://legislature.idaho.gov/sessioninfo/2025/legislation/H0442/" }, { "title": "Idaho Code 48-1003C", "url": "https://legislature.idaho.gov/statutesrules/idstat/Title48/T48CH10/SECT48-1003C/" }, { "title": "Idaho Code 48-1005 exemptions", "url": "https://legislature.idaho.gov/statutesrules/idstat/Title48/T48CH10/SECT48-1005/" }, { "title": "Idaho Code 48-1006", "url": "https://legislature.idaho.gov/statutesrules/idstat/Title48/T48CH10/SECT48-1006/" }, { "title": "Public Citizen, Tracker: State Legislation on Deepfakes in Elections", "url": "https://www.citizen.org/article/tracker-legislation-on-deepfakes-in-elections/" } ], "unverified": [ "No Idaho agency or court guidance was found applying 48-1003C to political calls or to AI voice agents.", "Idaho Legislature site was unreachable directly; statute texts were read from Internet Archive copies of the official pages (67-6628A re-checked 2026-10-05, text matches)." ] }, { "abbr": "IL", "name": "Illinois", "slug": "illinois", "last_verified": "2026-10-05", "headline": "Illinois has no law on AI or deepfakes in political ads as of October 2026 (the 2026 disclosure bills stalled), and political autodialed calls are exempt from the state autodialer act except a caller ID rule, but AI voice work still runs into Illinois' unauthorized digital replica law, BIPA voiceprint liability, and an all-party consent rule for recording calls.", "election": { "status": "none", "summary": "Illinois has not enacted any law that regulates or requires disclosure of AI-generated or deepfake content in political ads or election communications. Several 2025 and 2026 bills (SB 150, SB 2996, HB 1860, HB 3303) would have required a clear AI disclosure on political ads, and the disclosure language was folded into a large election reform package at the end of the 2026 spring session, but that package never advanced. General election law (paid-for-by disclaimers, false statements, voter intimidation) and civil claims such as defamation and the Right of Publicity Act still apply to deceptive AI content.", "laws": [], "pending": [ { "bill": "HB 1832 (104th GA), Senate Floor Amendment 3", "title": "End-of-session election omnibus vehicle that carried the AI political ad disclosure language", "status": "Senate Floor Amendment 3 filed 2026-05-30 and re-referred to Assignments 2026-06-01 under Rule 3-9(a); never adopted or passed. Public Citizen labels the deepfake provision 'integrated (May 2026)', but the official bill history shows no enactment.", "url": "https://www.ilga.gov/Legislation/BillStatus?DocTypeID=HB&DocNum=1832&GAID=18&SessionID=114" }, { "bill": "SB 2996 (104th GA)", "title": "Political advertisements generated in whole or substantially by AI must include a clear and conspicuous disclosure; civil penalties and injunctive relief", "status": "Introduced 2026-01-27 by Sen. Mary Edly-Allen; not passed. Its language was placed in an end-of-session election omnibus in May 2026 that never advanced. Technically alive until the 104th General Assembly ends in January 2027 (fall veto session possible).", "url": "https://ilga.gov/Legislation/BillStatus?DocTypeID=SB&DocNum=2996&GAID=18&SessionID=114&LegID=165496" }, { "bill": "SB 150 (104th GA)", "title": "AI political advertising disclosure labels with civil penalties", "status": "Stalled; re-referred to Senate Assignments 2025-04-11", "url": "https://ilga.gov/Legislation/BillStatus?DocNum=150&GAID=18&DocTypeID=SB&LegId=157367&SessionID=114&GA=104" }, { "bill": "HB 1860 and HB 3303 (104th GA)", "title": "House AI and deceptive media in elections bills", "status": "Not passed; listed by Public Citizen as folded into the May 2026 election omnibus, which did not advance", "url": "https://www.citizen.org/article/tracker-legislation-on-deepfakes-in-elections/" }, { "bill": "Standalone Edly-Allen bill (filed after the 2026 spring session)", "title": "Disclosure for ads using AI within four months of an election: on-screen statement for graphics, 3-second spoken statement for audio, both for video; notice to State Board of Elections; fines per distribution", "status": "Filed after the omnibus stalled; not passed. Would not apply to the November 2026 election.", "url": "https://capitolnewsillinois.com/news/bailey-campaign-embraces-artificial-intelligence-in-new-era-of-politics/" } ], "campaign_checklist": [ "No Illinois statute requires an AI label on political ads in 2026, but federal rules (FCC, FEC fraudulent misrepresentation) and platform and broadcaster policies still apply. Labeling AI content is still the safe practice.", "Do not use a real person's voice or likeness (including an opponent's) in a digital replica without consent: the Right of Publicity Act now covers unauthorized digital replicas.", "If you clone a voice for ads or calls, get written consent and a release: voiceprints are biometric identifiers under BIPA, which carries a private right of action.", "Watch for the fall 2026 veto session and the 2027 session: the AI political ad disclosure language is likely to return." ] }, "ai_calls": { "summary": "Illinois has no AI-specific rule for voice calls or texts. The Automatic Telephone Dialers Act bans playing a prerecorded message by autodialer without the called party's consent and bans autodialed calls between 9 p.m. and 9 a.m., but calls on behalf of political organizations and polling are exempt from the Act except the rule that autodialers may not block caller ID. Separately, Illinois is an all-party consent state for recording private conversations, and voiceprints are biometric identifiers under BIPA (740 ILCS 14), which matters for AI voice agents or voice cloning that capture a real person's voice. Federal TCPA rules (the FCC treats AI-generated voices as artificial voices requiring prior consent for calls to cell phones) apply on top.", "laws": [ { "bill": "Automatic Telephone Dialers Act", "citation": "815 ILCS 305", "title": "Automatic Telephone Dialers Act", "enacted": null, "effective": null, "official_url": "https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2323&ChapterID=67", "media_covered": "calls placed by an autodialer that connect to a recorded message", "who_is_covered": "any person operating an autodialer in Illinois; calls by political, charitable, public opinion polling, research survey, or broadcast rating organizations are exempt except for the caller ID rule", "window": "anytime; no autodialed calls between 9 p.m. and 9 a.m. (non-exempt calls)", "type": null, "intent_standard": null, "disclosure_text": null, "disclosure_specs": "Non-exempt calls: autodialer must disconnect within 30 seconds of hang-up, or use a live operator who states name, organization, address, phone, and purpose and asks for consent before playing the recording.", "exemptions": [ "calls on behalf of political organizations", "charitable organizations", "public opinion polling and research surveys", "calls in response to an express request", "existing business relationship" ], "penalty_criminal": null, "penalty_civil": "Treble actual damages plus costs and attorney fees, plus $500 statutory damages per violation; Attorney General enforcement under the Consumer Fraud Act", "private_right_of_action": "Yes, any customer harmed (815 ILCS 305/30)", "injunctive_relief": null, "litigation": null, "notes": "Section 20(a) exempts political calls from the Act, but Section 20(b) still requires every autodialed call to comply with Section 15(d): an autodialer may not be operated in a way that blocks caller ID. No AI-specific provision. Statute text confirmed through a secondary mirror because ilga.gov was unreachable on 2026-10-05.", "summary": null, "status": "in_effect" } ] }, "categories": { "election_admin": [] }, "sources": [ { "title": "Public Citizen: Tracker of State Legislation on Deepfakes in Elections (updated 2026-09-29)", "url": "https://www.citizen.org/article/tracker-legislation-on-deepfakes-in-elections/" }, { "title": "Capitol News Illinois: Bailey campaign embraces AI (2026-06-30), AI ad disclosure package never advanced", "url": "https://capitolnewsillinois.com/news/bailey-campaign-embraces-artificial-intelligence-in-new-era-of-politics/" }, { "title": "815 ILCS 305 Automatic Telephone Dialers Act", "url": "https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2323&ChapterID=67" }, { "title": "Workplace Privacy Report: New Illinois laws on generative AI and digital likeness (2024)", "url": "https://www.workplaceprivacyreport.com/2024/08/articles/artificial-intelligence/new-illinois-laws-address-use-of-generative-ai-and-digital-likeness-publicity-rights/" }, { "title": "Illinois General Assembly: HB 1832 bill status (Internet Archive capture 2026-10-03)", "url": "https://www.ilga.gov/Legislation/BillStatus?DocTypeID=HB&DocNum=1832&GAID=18&SessionID=114" } ], "unverified": [ "ilga.gov refused connections on 2026-10-05, so bill status pages and Public Act texts were confirmed through secondary sources (Capitol News Illinois, Skadden, Techne AI, Lysinski, statute mirrors). Official URLs are listed but were not loaded.", "Whether any 2026 AI political ad disclosure bill will move in the fall 2026 veto session." ] }, { "abbr": "IN", "name": "Indiana", "slug": "indiana", "last_verified": "2026-10-05", "headline": "Any Indiana campaign communication that uses AI-generated or digitally altered media of a candidate must carry the exact disclaimer \"Elements of this media have been digitally altered or artificially generated.\", and Indiana bans robocalls with recorded messages (political ones included) unless the voter consented first or a live operator gets consent before the message plays.", "election": { "status": "disclosure", "summary": "Since March 2024, if a campaign communication (anything advocating for or against a clearly identified candidate, or soliciting a contribution) includes fabricated media depicting a candidate, the person who paid for it must add a specific disclaimer. Fabricated media covers altered audio, images, or video that a reasonable person could not tell were altered, lifelike AI imitations of a real person made without consent, and media showing an AI-generated person. There is no time window and no criminal penalty: the depicted candidate can sue the payer, the sponsor, and anyone who knowingly or recklessly stripped the disclaimer, for damages, an injunction, and attorney fees.", "laws": [ { "bill": "HB 1133 (2024), House Enrolled Act 1133, P.L. 81-2024", "citation": "Ind. Code 3-9-8-1 to 3-9-8-6 (disclaimer at 3-9-8-5)", "title": "Use of Digitally Altered Media in Elections", "enacted": "2024-03-12", "effective": "2024-03-12", "official_url": "https://iga.in.gov/legislative/2024/bills/house/1133", "media_covered": "recorded audio, recorded images, and recorded video that are altered or artificially generated (fabricated media), including AI-generated persons who are not recognizable real people", "who_is_covered": "the person that paid for the campaign communication must include the disclaimer; liability also reaches the sponsor and any disseminator who knowingly, intentionally, or recklessly altered or removed the disclaimer", "window": "anytime", "type": "disclosure_required", "intent_standard": "None for the payer (strict disclosure duty). Disseminators are liable only if they knowingly, intentionally, or recklessly removed or altered a disclaimer that was included.", "disclosure_text": "Elements of this media have been digitally altered or artificially generated.", "disclosure_specs": "Separate from the regular paid-for-by disclaimer. Print: must meet the print disclaimer rules of IC 3-9-3-2.5(e). Audio: read in every language used in the communication, at an understandable speed and pitch, at a volume no lower than the loudest audio in the ad, at the beginning and end, and every two minutes if longer than two minutes. Video: printed per IC 3-9-3-2.5(e) and displayed continuously for the entire communication.", "exemptions": [], "penalty_criminal": null, "penalty_civil": "Actual damages, court costs, and reasonable attorney fees for the depicted candidate", "private_right_of_action": "Yes. A candidate (including any current elected federal, state, school board, or local officeholder) depicted in fabricated media without the disclaimer may sue the payer, the sponsor, and a disseminator who knowingly, intentionally, or recklessly removed the disclaimer. Plaintiff must prove by clear and convincing evidence that they were depicted in fabricated media. Courts must expedite the case.", "injunctive_relief": true, "litigation": "No court challenge found. In 2024, Democratic gubernatorial nominee Jennifer McCormick accused Mike Braun's campaign of running a digitally altered image without the disclaimer, but no lawsuit under IC 3-9-8 was found.", "notes": "Applies to communications about candidates only, not ballot measures. The statute has no express exemptions for news media, satire, or parody. Effective upon passage under an emergency clause. Disclaimer text and specs confirmed against the enrolled act (HEA 1133, enrolled Senate version). \"Campaign communication\" also covers any communication whose purpose is to injure a candidate or influence an election, and any solicitation of contributions.", "summary": null, "status": "in_effect" } ], "pending": [ { "bill": "None pending", "title": "Indiana's 2026 short session adjourned in late February 2026 with no change to IC 3-9-8. Public Citizen lists 2024 bills SB 7, HB 1228, and HB 1225 as failed.", "status": "No election AI bills pending until the 2027 session", "url": "https://www.citizen.org/article/tracker-legislation-on-deepfakes-in-elections/" } ], "campaign_checklist": [ "If any image, audio, or video of a candidate in your ad or fundraising appeal is AI-generated or materially altered, add the exact disclaimer \"Elements of this media have been digitally altered or artificially generated.\" in addition to your paid-for-by line.", "In audio ads and recorded calls, read the disclaimer at the start and end (and every two minutes on long pieces) at a volume no lower than the loudest part of the audio.", "In video, keep the disclaimer on screen the whole time.", "The rule also covers AI-generated people who are not real, if the media depicts a candidate. When in doubt, disclose.", "Do not run robocalls with recorded or AI voices to Indiana numbers unless the voter consented in advance or a live person gets consent at the start of the call. Political calls are not exempt." ] }, "ai_calls": { "summary": "Indiana's Automatic Dialing Machine law bans using an automatic dialing-announcing device to deliver a recorded message unless the person called already requested or consented to it, or a live operator first gets the person's consent before the message plays. There is no political exemption, and the Seventh Circuit upheld the law as applied to political robocalls (Patriotic Veterans v. Indiana, 2017). An AI voice agent that dials automatically and plays a synthetic voice is very likely covered. Indiana has no AI-specific voice disclosure law.", "laws": [ { "bill": "Automatic Dialing Machines statute", "citation": "Ind. Code 24-5-14 (core rule at 24-5-14-5)", "title": "Regulation of Automatic Dialing Machines", "enacted": null, "effective": null, "official_url": "https://iga.in.gov/laws/2025/ic/titles/24#24-5-14", "media_covered": "recorded messages delivered by an automatic dialing-announcing device", "who_is_covered": "any caller, including political campaigns, PACs, and advocacy groups", "window": "anytime", "type": "ban", "intent_standard": null, "disclosure_text": null, "disclosure_specs": "Allowed only if (1) the subscriber knowingly or voluntarily requested, consented to, permitted, or authorized the message, or (2) the message is immediately preceded by a live operator who obtains the subscriber's consent before the message is delivered.", "exemptions": [ "messages from school districts to students, parents, or employees", "messages to subscribers with an existing business or personal relationship", "messages advising employees of work schedules" ], "penalty_criminal": null, "penalty_civil": null, "private_right_of_action": null, "injunctive_relief": true, "litigation": "Patriotic Veterans, Inc. v. Indiana (7th Cir. 2013, 736 F.3d 1041) held the law is not preempted by the federal TCPA for interstate political calls; Patriotic Veterans v. Zoeller (7th Cir. 2017) upheld it against a First Amendment challenge as a content-neutral restriction that applies to political calls.", "notes": "The Attorney General has enforced this against political robocallers. Penalty amounts were not confirmed from the statute text.", "summary": null, "status": "in_effect" } ] }, "categories": { "election_admin": [] }, "sources": [ { "title": "Indiana General Assembly: HB 1133 (2024)", "url": "https://iga.in.gov/legislative/2024/bills/house/1133" }, { "title": "House Enrolled Act 1133 (2024), enrolled text", "url": "https://billtexts.s3.amazonaws.com/_data/in/https-iga-in-gov-pdf-documents-123-2024-house-bills-HB1133-HB1133-06-ENRS-pdf.pdf" }, { "title": "Engrossed HB 1133 with Senate committee amendments (text of IC 3-9-8)", "url": "https://billtexts.s3.amazonaws.com/_data/in/https-iga-in-gov-pdf-documents-123-2024-house-bills-HB1133-HB1133-04-COMS-pdf.pdf" }, { "title": "Public Citizen: Tracker of State Legislation on Deepfakes in Elections", "url": "https://www.citizen.org/article/tracker-legislation-on-deepfakes-in-elections/" }, { "title": "WANE/Fox59: Braun fails to disclose digitally altered image despite state law", "url": "https://www.wane.com/top-stories/braun-fails-to-disclose-digitally-altered-image-in-new-ad-despite-state-law/" }, { "title": "Patriotic Veterans v. Zoeller (7th Cir. 2017)", "url": "https://caselaw.findlaw.com/court/us-7th-circuit/1763884.html" } ], "unverified": [ "Penalty amounts and enforcement mechanism for Ind. Code 24-5-14 (autodialer law)." ] }, { "abbr": "IA", "name": "Iowa", "slug": "iowa", "last_verified": "2026-10-05", "headline": "Iowa has no law on AI or deepfakes in political ads: a 2026 bill requiring the label \"THIS CONTENT GENERATED USING SYNTHETIC MEDIA\" passed the House 89 to 2 but died in the Senate, so only the regular paid-for-by rules and federal robocall law apply in 2026.", "election": { "status": "none", "summary": "Iowa has not enacted any law regulating AI-generated or deepfake content in political ads or campaign materials. HF 2609 (2026) would have required any published campaign material containing synthetic media to carry the words \"THIS CONTENT GENERATED USING SYNTHETIC MEDIA\", enforced by the Iowa Ethics and Campaign Disclosure Board, but it stalled in a Senate subcommittee after passing the House. Iowa's standard attribution (paid-for-by) rules for published material under Iowa Code 68A.405 still apply to AI-made ads.", "laws": [], "pending": [ { "bill": "HF 2609 (2026), successor to HSB 643", "title": "Synthetic media in campaign materials: would add Iowa Code 68A.407 requiring published material containing synthetic media to prominently include \"THIS CONTENT GENERATED USING SYNTHETIC MEDIA\"; sole liability on the person who pays; media and tech platforms that publish for others are not responsible; Ethics and Campaign Disclosure Board rules", "status": "Passed House 89 to 2 on 2026-03-12; referred to Senate State Government and assigned to subcommittee 2026-03-17; no further action. Died when the 2026 session (the second year of the 91st General Assembly) adjourned. Not law.", "url": "https://www.legis.iowa.gov/legislation/billTracking/billHistory?enhanced=true&ga=91&billName=HF2609" }, { "bill": "HF 2150 (2026)", "title": "Use of AI for purposes associated with elections, ballot issues, and public officials, with penalties", "status": "Introduced 2026-01-26, referred to Economic Growth and Technology; failed", "url": "https://www.legis.iowa.gov/legislation/billTracking/billHistory?ga=91&billName=HF2150" }, { "bill": "HF 2082, SF 2166 (2026); HSB 294 (2025)", "title": "Other AI and election materials bills (HSB 294 also covered protections in interactions with AI systems)", "status": "Failed (Public Citizen lists them as failed April 2026)", "url": "https://www.citizen.org/article/tracker-legislation-on-deepfakes-in-elections/" } ], "campaign_checklist": [ "No Iowa statute requires an AI label on political ads in 2026, but a near-unanimous House vote shows a labeling law is likely in 2027. Build \"THIS CONTENT GENERATED USING SYNTHETIC MEDIA\" style labels into your workflow now.", "Every Iowa ad still needs the 68A.405 attribution statement (paid-for-by, plus the not-authorized line for independent expenditures; TV and video must show it for at least four seconds).", "A deceptive deepfake can still expose you to defamation claims, federal FEC fraudulent misrepresentation rules, and broadcaster and platform takedowns.", "For AI voice or prerecorded calls, follow the federal TCPA: prior express consent for calls to cell phones, and identification of the caller at the start of the message." ] }, "ai_calls": { "summary": "No Iowa statute that specifically regulates AI voices, prerecorded messages, or automated political calls was found. Iowa's telephone solicitation law (Iowa Code chapter 714D) targets sales calls, not political calls, and Iowa's attribution law (68A.405) lists print, internet, TV, and video advertising but does not mention phone calls. Campaigns calling Iowa voters with AI or prerecorded voices are governed mainly by the federal TCPA and FCC rules, under which AI-generated voices count as artificial voices.", "laws": [] }, "categories": { "election_admin": [] }, "sources": [ { "title": "Iowa Legislature: HF 2609 bill history", "url": "https://www.legis.iowa.gov/legislation/billTracking/billHistory?enhanced=true&ga=91&billName=HF2609" }, { "title": "Iowa Legislature: HF 2609 as amended and passed by the House (2026-03-12)", "url": "https://www.legis.iowa.gov/docs/publications/LGR/91/HF2609.pdf" }, { "title": "Iowa Code 68A.405 attribution statement on published material", "url": "https://www.legis.iowa.gov/docs/code/68A.405.pdf" }, { "title": "Iowa Code chapter 714D telephone solicitation", "url": "https://www.legis.iowa.gov/docs/code/714D.pdf" }, { "title": "Public Citizen: Tracker of State Legislation on Deepfakes in Elections", "url": "https://www.citizen.org/article/tracker-legislation-on-deepfakes-in-elections/" } ], "unverified": [ "HF 2150, HF 2082, SF 2166 and HSB 294 statuses taken from Public Citizen and LegiScan summaries, not individually confirmed on legis.iowa.gov.", "Absence of any Iowa statute on prerecorded or automated political calls: Iowa Code 476.103, 714B.7 and 714D were checked and contain no such rule, but a full-code search was not possible." ] }, { "abbr": "KS", "name": "Kansas", "slug": "kansas", "last_verified": "2026-10-05", "headline": "Kansas has no law on AI or deepfakes in political ads as of October 2026, and its robocall rules cover only sales calls, so AI political content and AI voice calls are governed mainly by federal law plus the Kansas crime of falsely posing as an election official.", "election": { "status": "none", "summary": "Kansas has not enacted any law that bans or requires disclosure of AI-generated or deepfake content in political ads. Bills in 2024 (HB 2559, HB 2576, SB 375) would have created a crime of corrupt political advertising using generative AI and required manipulation disclosures, but all died, and no election deepfake bill advanced in the 2025 to 2026 biennium. Ballotpedia (as of September 3, 2026) lists Kansas deepfake laws only for sexual content, and Kansas commentators in June and October 2026 noted the state still has no political deepfake law.", "laws": [], "pending": [ { "bill": "HB 2559 (2024)", "title": "Crime of corrupt political advertising: regulate generative AI, require disclosure that an image or speech was manipulated, criminalize false representations of candidates or state officials in campaign media; liability on advertiser not broadcaster or platform", "status": "Reported from House Committee on Elections; died at end of 2023 to 2024 biennium", "url": "https://www.kslegislature.gov/b2023_24/bills/hb2559/" }, { "bill": "SB 375 (2024)", "title": "Prohibiting generative AI to create false representations of candidates in election campaign media or of state officials", "status": "Died in committee (2023 to 2024 biennium)", "url": "https://www.kslegislature.gov/b2023_24/bills/sb375/" }, { "bill": "HB 2576 (2024)", "title": "Related 2024 AI political advertising bill", "status": "Died (Public Citizen lists as failed May 2024)", "url": "https://www.kslegislature.gov/b2023_24/bills/hb2576/" } ], "campaign_checklist": [ "No Kansas statute requires an AI label on political ads, but federal rules (FEC fraudulent misrepresentation, FCC robocall rules) and broadcaster and platform policies still apply. Labeling AI content remains the safe practice.", "Never use AI voices, images, seals, or insignia that could make voters think a message comes from the Secretary of State or a county election office: falsely representing an election official is a Kansas crime.", "Deceptive deepfakes of a candidate can still support defamation or false light claims.", "For AI voice or prerecorded political calls, follow the federal TCPA: prior express consent for calls to cell phones and caller identification at the start. Kansas' own call law covers sales calls only." ] }, "ai_calls": { "summary": "Kansas has no AI-specific calling law and no state robocall restriction that reaches political calls. The Kansas telemarketing statute (K.S.A. 50-670), including its rules for automatic dialing-announcing devices and caller ID, applies only to consumer telephone calls made to solicit a sale, credit, or sales leads, so campaign, advocacy, and polling calls fall outside it. Political AI and prerecorded calls into Kansas are governed by the federal TCPA and FCC rules (AI-generated voices are artificial voices requiring prior express consent for cell phones). Separately, using an AI voice to pose as an election official could violate K.S.A. 25-2438.", "laws": [] }, "categories": { "election_admin": [ { "bill": "Senate Substitute for HB 2056 (2025)", "citation": "K.S.A. 25-2438 (crime of false representation of an election official)", "title": "False representation of an election official", "enacted": "2025", "effective": null, "official_url": "https://www.kslegislature.gov/b2025_26/bills/hb2056/", "summary": "It is a crime to falsely represent yourself as an election official with intent to cause a person to believe you are one, including by using the official seal or insignia of the Secretary of State or a county election office in any communication with voters. Not AI-specific, but it reaches AI-generated calls, texts, or videos that impersonate election officials.", "status": "in_effect", "notes": "The 2025 act became law without the governor's signature and narrowed the 2021 version of the crime by removing the vague 'conduct that gives the appearance of being an election official' standard after litigation by voter registration groups. Effective on publication in the statute book. The underlying 2021 crime citation (K.S.A. 25-2438) is from prior knowledge and was not re-confirmed on the revisor site." } ] }, "sources": [ { "title": "Public Citizen: Tracker of State Legislation on Deepfakes in Elections (updated 2026-09-29)", "url": "https://www.citizen.org/article/tracker-legislation-on-deepfakes-in-elections/" }, { "title": "Ballotpedia: AI deepfake policy in Kansas (as of 2026-09-03)", "url": "https://ballotpedia.org/AI_deepfake_policy_in_Kansas" }, { "title": "Kansas Legislature: HB 2559 (2024)", "url": "https://www.kslegislature.gov/b2023_24/bills/hb2559/" }, { "title": "Kansas Legislature: SB 375 (2024)", "url": "https://www.kslegislature.gov/b2023_24/bills/sb375/" }, { "title": "Kansas Legislature: Senate Sub. for HB 2056 (2025) and Legislative Research summary", "url": "https://www.kslegislature.gov/b2025_26/bills/hb2056/" }, { "title": "K.S.A. 50-670 consumer telephone calls", "url": "https://www.ksrevisor.gov/statutes/chapters/ch50/050_006_0070.html" }, { "title": "Kansas Reflector opinion: As AI political deepfake advertisements go viral, state lawmakers struggle to keep up (2026-10-02)", "url": "https://kansasreflector.com/" }, { "title": "Wichita Eagle opinion: AI deepfake video tarnishes Oklahoma governor race; and Kansas has no defense (2026-06-15)", "url": "https://www.kansas.com/" } ], "unverified": [ "Public Citizen lists Kansas SB 375 as failed in February 2025, but SB 375 in the 2025 to 2026 biennium is an unrelated proxy advisor bill; the AI election SB 375 is the 2024 bill, which died in committee.", "A Kansas Legislature full-text search of the 2025 to 2026 biennium for 'artificial intelligence', 'deepfake', and 'synthetic media' found no election AI bill; a resolution (HR 6023) opposing federal preemption of state AI laws was found.", "Exact effective date and statute citation of the 2025 false representation amendment, and the status of litigation over the 2021 version.", "Full text of the October 2026 Kansas Reflector and June 2026 Wichita Eagle opinion pieces could not be loaded (bot protection); only headlines were seen." ] }, { "abbr": "KY", "name": "Kentucky", "slug": "kentucky", "last_verified": "2026-10-05", "headline": "In the last 45 days before a Kentucky primary or general election, a state or local candidate shown in AI-manipulated audio or video (including in phone calls) can get a court order forcing the sponsor to add a clear and conspicuous disclosure, and ignoring that order is a Class D felony; separately, Kentucky requires an Attorney General permit and bond before using automated recorded-message calling equipment.", "election": { "status": "disclosure", "summary": "Since March 24, 2025, KRS 117.322 lets any candidate whose appearance, action, or speech is altered with synthetic media in an electioneering communication sue the sponsor for an injunction requiring a clear and conspicuous disclosure, plus attorney fees. Electioneering communications are broadcast, cable, internet, radio, electronic billboard, phone calls to residences, or other electronic communications that refer to a state, county, city, or district candidate or a ballot measure and are distributed to that electorate within 45 days before a primary or regular election. Including a clear and conspicuous disclosure is a complete defense. Defying a court order to add the disclosure carries the Class D felony penalty in KRS 121.990(3).", "laws": [ { "bill": "SB 4 (2025 Regular Session), 2025 Ky. Acts ch. 66, sec. 4 and 5", "citation": "KRS 117.322 (definitions in KRS 117.001)", "title": "Action against use of synthetic media in electioneering communication", "enacted": "2025-03-24", "effective": "2025-03-24", "official_url": "https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=55897", "media_covered": "audio or video recordings of an identifiable real person intentionally manipulated with generative adversarial network (machine learning) techniques to create a realistic but false depiction, made without the person's consent, that gives a fundamentally different impression than the original. Still images are not covered.", "who_is_covered": "the sponsor (the person or entity paying for the communication; if an agent is reimbursed, the original source of funds). Broadcast and media outlets and their ad sales reps are not liable unless they intentionally remove a disclosure and do not fix it when notified, or alter content so it becomes synthetic media. Interactive computer services keep Section 230 protection.", "window": "within 45 days before a primary or regular election", "type": "disclosure_required", "intent_standard": "No intent element for the sponsor; the manipulation itself must be intentional. The plaintiff must prove use of synthetic media by clear and convincing evidence.", "disclosure_text": null, "disclosure_specs": "A disclosure that is clear and conspicuous and included in, or alongside and associated with, the content in a manner that is likely to be noticed by the user. No set wording, size, or duration.", "exemptions": [ "news articles, editorials, opinion, commentary, and letters in periodicals not owned or controlled by a candidate, committee, or party", "bona fide newscasts, news interviews, documentaries, and on-the-spot news coverage by stations not owned or controlled by a candidate, committee, or party (if they do not strip the sponsor's disclaimer)", "communications in the regular course of business and membership organization communications to members and families", "references to a candidate only in the popular name of a bill or statute", "communications that are contributions or independent expenditures under KRS 121.015", "federally licensed broadcasters airing communications subject to 47 U.S.C. 315", "content that already contains the disclosure is not synthetic media" ], "penalty_criminal": "Failure to comply with a court order to include the disclosure is subject to the penalties in KRS 121.990(3) for violating KRS 121.190(1): a Class D felony for each offense (121.990(3) applies to knowing violations).", "penalty_civil": "Court may award the prevailing party reasonable attorney fees and costs; other remedies are preserved.", "private_right_of_action": "Yes. Any candidate for elected office whose appearance, action, or speech is altered may seek an injunction or other equitable relief against the sponsor, filed in the Circuit Court of the county where the candidate lives. Courts are encouraged to decide quickly.", "injunctive_relief": true, "litigation": "No reported lawsuit under KRS 117.322 was found. AI deepfake attack ads in the May 2026 northern Kentucky Republican primary for U.S. House (Rep. Thomas Massie), which Massie publicly called defamatory, involved a federal race outside the statute's state and local candidate definition.", "notes": "Enacted inside SB 4, mainly a state government AI governance bill, with an emergency clause citing the need to protect candidates and election officers from fraudulent misrepresentations. Key limits: covers only state, county, city, and district candidates and ballot measures (not federal races), only audio and video (not still images), and only the 45-day window. The definition of electioneering communication excludes communications that are contributions or independent expenditures under KRS 121.015, which may narrow which ads are covered; no court has interpreted this. The definition expressly includes telephone calls to personal residences, so AI voice calls that imitate a candidate are covered. There is no outright prohibition: the remedy is a court order compelling a disclosure, and a clear and conspicuous disclosure is an affirmative defense. Text confirmed against KRS 117.322 (effective 2025-03-24, created 2025 Ky. Acts ch. 66, sec. 5).", "summary": null, "status": "in_effect" } ], "pending": [ { "bill": "HB 21 (2025)", "title": "Separate 2025 election deepfake bill", "status": "Failed March 2025 (per Public Citizen)", "url": "https://www.citizen.org/article/tracker-legislation-on-deepfakes-in-elections/" }, { "bill": "HB 672 (2025)", "title": "Companion to SB 4 listed by Public Citizen", "status": "Not separately enacted; SB 4 became law", "url": "https://www.citizen.org/article/tracker-legislation-on-deepfakes-in-elections/" } ], "campaign_checklist": [ "In the final 45 days before a Kentucky primary or general election, put a clear and conspicuous AI disclosure on any audio or video that alters a state or local candidate's appearance, actions, or speech. It is a full defense.", "This includes recorded and AI voice phone calls: electioneering communications include calls to personal residences.", "If a court orders you to add a disclosure, comply immediately: defiance is a Class D felony.", "Federal candidates are not covered by KRS 117.322, but FEC and FCC rules and defamation law still apply to federal deepfakes.", "Keep the regular \"paid for by\" disclaimer under KRS 121.190 on all express advocacy." ] }, "ai_calls": { "summary": "Kentucky regulates automated calling equipment that dials numbers and delivers recorded messages (KRS 367.461 to 367.469), and the statute expressly mentions recorded messages and artificial voices. Calls for conducting polls, soliciting information, or advertising require consent (a live operator introduction or keypad opt-in for that call, or written consent valid two years), name and callback number within the first 25 seconds and at the end, disconnect within 10 seconds, no random or sequential dialing, no calls to unlisted numbers, hospitals, nursing homes, or police and fire, calls only 8 a.m. to 9 p.m., and attended equipment. Anyone using automated calling equipment to call Kentucky numbers must first get an Attorney General permit and post a $10,000 bond unless an exception applies. There is no explicit political exemption; automated polling (IVR) calls are clearly covered, while pure persuasion or GOTV recorded calls are less clearly within the listed purposes. In addition, KRS 117.322 treats AI-altered candidate voices in calls to residences within 45 days of an election as synthetic media subject to a disclosure order.", "laws": [ { "bill": "1992 Ky. Acts ch. 32, amended 2020 Ky. Acts ch. 71", "citation": "KRS 367.461, 367.463, 367.467, 367.469", "title": "Automated calling equipment", "enacted": "1992", "effective": "1992-07-14", "official_url": "https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=50277", "media_covered": "recorded messages or artificial voices delivered by equipment that selects or dials numbers", "who_is_covered": "any person using automated calling equipment for conducting polls, soliciting information, or advertising goods, services, or property; the permit requirement applies to anyone using the equipment to call Kentucky numbers unless an exception applies", "window": "anytime; calls only between 8:00 a.m. and 9:00 p.m.", "type": "ban_unless_disclosed", "intent_standard": null, "disclosure_text": null, "disclosure_specs": "Consent first (live operator who states intent to play a recorded message, keypad consent response, or written consent). Recorded message must state the name and telephone number of the person or organization initiating the call within the first 25 seconds and at the end; that number must be answered personally during office hours by someone who can explain the calls.", "exemptions": [ "calls responding to calls initiated by the person called", "goods or services previously ordered or purchased", "debt collection", "public school absenteeism programs", "meeting and activity notices from organizations the person belongs to, or existing business relationships", "calls to publicly listed business numbers for customary customer purposes" ], "penalty_criminal": null, "penalty_civil": "Violations are unfair and deceptive acts under KRS 367.170, with Attorney General remedies and KRS 367.990 penalties", "private_right_of_action": null, "injunctive_relief": true, "litigation": null, "notes": "Permit under KRS 367.469 requires name, address, phone, a Kentucky agent for out-of-state operators, and a $10,000 surety bond. Whether the Consumer Protection Act remedies reach non-commercial political calls has not been confirmed. Exact KRS 367.990 penalty amounts not confirmed.", "summary": null, "status": "in_effect" } ] }, "categories": { "election_admin": [ { "bill": "SB 4 (2025), 2025 Ky. Acts ch. 66", "citation": "KRS 42.720 to 42.742 (state AI governance) and KRS 117.322", "title": "State government AI governance plus election synthetic media remedy", "enacted": "2025-03-24", "effective": "2025-03-24", "official_url": "https://apps.legislature.ky.gov/record/25rs/sb4.html", "summary": "The same act that created the election deepfake remedy also created an Artificial Intelligence Governance Committee and requires the Commonwealth Office of Technology to set standards and publicly disclose certain state uses of AI. Its emergency clause states a purpose of protecting candidates and election officers from fraudulent misrepresentations.", "status": "in_effect", "notes": "No separate AI rule for election offices or voter rolls beyond the general state AI governance standards was found." } ] }, "sources": [ { "title": "Kentucky LRC: SB 4 (25RS) bill record, signed by Governor 2025-03-24 (Acts Ch. 66)", "url": "https://apps.legislature.ky.gov/record/25rs/sb4.html" }, { "title": "Kentucky Acts 2025 Chapter 66 (enrolled text)", "url": "https://apps.legislature.ky.gov/law/acts/25RS/documents/0066.pdf" }, { "title": "KRS 117.322", "url": "https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=55897" }, { "title": "KRS 121.990 penalties", "url": "https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=55011" }, { "title": "KRS 121.190 paid-for-by disclaimer", "url": "https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=56187" }, { "title": "KRS 367.461 automated calling equipment", "url": "https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=50277" }, { "title": "KRS 367.463 consent", "url": "https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=34965" }, { "title": "KRS 367.469 permit and bond", "url": "https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=34968" }, { "title": "Public Citizen: Tracker of State Legislation on Deepfakes in Elections", "url": "https://www.citizen.org/article/tracker-legislation-on-deepfakes-in-elections/" } ], "unverified": [ "legislature.ky.gov blocked direct access on 2026-10-05; statute and act texts were read from Internet Archive (Wayback Machine) copies captured in 2026.", "Whether the 2026 Regular Session amended KRS 117.322 or KRS 367.461 (the 2026 statute page snapshot showed only the 2025 history).", "Whether the Kentucky Attorney General treats political persuasion or GOTV recorded calls as within KRS 367.461 and requires a KRS 367.469 permit for them.", "Penalty amounts under KRS 367.990 for automated calling violations." ] }, { "abbr": "LA", "name": "Louisiana", "slug": "louisiana", "last_verified": "2026-10-05", "headline": "Since August 1, 2026, any Louisiana electioneering communication that uses AI to falsely portray a state or local candidate (or an official facing recall) must carry a clear and understandable AI disclosure, with up to two years in prison and a $2,000 fine for violations made to injure the candidate or deceive voters; and Louisiana's PSC rules require consent before any recorded robocall, political calls included.", "election": { "status": "disclosure", "summary": "Act 806 of 2026 (HB 459), signed June 9, 2026 and effective August 1, 2026, bars making any electioneering communication that portrays a candidate or an elected official subject to recall and that was created, altered, or digitally manipulated with AI so it would falsely appear authentic, unless it carries a clear and understandable disclosure that it was created using AI, in the same form as Louisiana's paid-for-by disclosures. Electioneering communication now means any printed, digital, or broadcast communication with express advocacy or its functional equivalent, with no fixed pre-election window. Violations made with intent to injure a candidate's reputation or to deceive a voter are crimes. This replaced the result of 2024, when Governor Jeff Landry vetoed two election deepfake bills (HB 154 and SB 97).", "laws": [ { "bill": "HB 459 (2026 Regular Session), Act 806", "citation": "La. R.S. 18:1463(A), (F), (G), (H), (I); definition of electioneering communication at R.S. 18:1483(33); AI definition at R.S. 14:73.14", "title": "Disclosure of artificial intelligence in electioneering communications portraying candidates", "enacted": "2026-06-09", "effective": "2026-08-01", "official_url": "https://legis.la.gov/legis/BillInfo.aspx?s=26RS&b=HB459&sbi=y", "media_covered": "any printed, digital, or broadcast electioneering communication that portrays a candidate or an elected official subject to recall and is created, altered, or digitally manipulated using AI (image, likeness, or voice)", "who_is_covered": "any person who makes or causes to be made the electioneering communication. Media entities (broadcasters, cable, streaming, newspapers, billboard companies, ad agencies, media platforms, ISPs, news websites) that run paid content they had no input in or control over are exempt.", "window": "anytime (the 2026 act repealed the old 60-day electioneering communication definition; timing near an election is now one factor in deciding whether a communication is electioneering)", "type": "ban_unless_disclosed", "intent_standard": "Criminal penalty applies to violations made with intent to injure the reputation of a candidate or elected official subject to recall, or to otherwise deceive a voter. The content must be AI-made in a manner that would falsely appear to a reasonable observer to be an authentic record of the candidate's actual speech or conduct (the enrolled text also refers to falsely replacing an individual's likeness with the candidate's).", "disclosure_text": null, "disclosure_specs": "A clear and understandable disclosure on the communication that it was created using AI, in a form consistent with R.S. 18:1463(E): clear and understandable on written and digital material; in visual and oral ads, audible and visible for not less than three seconds; in digital ads, in text at least as large as the smallest text or in a visually distinct heading, with reasonable color contrast.", "exemptions": [ "media entities that broadcast or publish paid political content they had no input in or control over", "federal candidates (President, Vice President, U.S. Senate, U.S. House) and party offices are excluded by the R.S. 18:1483 definition of candidate" ], "penalty_criminal": "Fine of not more than $2,000, or imprisonment with or without hard labor for not more than two years, or both (R.S. 18:1463(H)), when the violation is made with intent to injure a candidate's or recall target's reputation or to deceive a voter", "penalty_civil": null, "private_right_of_action": null, "injunctive_relief": null, "litigation": "None found.", "notes": "No set disclosure wording; \"This communication was created using artificial intelligence\" style language tracks the statute. The act also rewrote campaign finance rules for electioneering communications and coordinated expenditures (outside groups spending over $1,000 on electioneering communications must report). The House rejected a proposed $10,000 fine. Veto history: HB 154 (2024, deepfakes of candidates) and SB 97 (2024) were vetoed by Gov. Landry in June 2024. Bill history confirms: sent to the Governor 2026-06-04, signed by Gov. Jeff Landry 2026-06-09 (Act 806), effective 2026-08-01. The criminal penalty is the relettered R.S. 18:1463(H) and applies to any violation of Section 1463 made with the stated intent.", "summary": null, "status": "in_effect" } ], "pending": [ { "bill": "HB 154 and SB 97 (2024 Regular Session)", "title": "Earlier election deepfake bills", "status": "Vetoed by Governor Jeff Landry, June 2024 (superseded in practice by Act 806 of 2026)", "url": "https://www.citizen.org/article/tracker-legislation-on-deepfakes-in-elections/" }, { "bill": "SB 9 (2024)", "title": "Election deepfake bill", "status": "Failed June 2024", "url": "https://www.citizen.org/article/tracker-legislation-on-deepfakes-in-elections/" } ], "campaign_checklist": [ "From August 1, 2026, label any Louisiana ad, mailer, digital post, or broadcast that uses AI to portray a state or local candidate (or recall target) with a clear statement that it was created using AI.", "Make the AI label meet the paid-for-by format rules: visible and audible at least three seconds in audio and video, and at least as large as the smallest text in digital ads.", "There is no safe pre-election window: the old 60-day limit is gone.", "Robocalls with recorded or AI voices need consent at the start of the call (live operator or press-a-key), name and callback number right after answer and at the end, and an LPSC ADAD permit and bond.", "Federal races are not covered by Act 806, but FEC, FCC, and defamation rules still apply." ] }, "ai_calls": { "summary": "Louisiana regulates automatic dialing and announcing devices (ADAD) that dial numbers and play recorded messages. By statute (R.S. 45:810 to 45:813) ADAD calls for sales, polls, or soliciting information need consent obtained at the start of each call, must state the caller's name and phone number within 25 seconds and at the end, may not use random or sequential dialing, must disconnect within 10 seconds, and require an LPSC permit and $10,000 bond. The Louisiana Public Service Commission's Do Not Call General Order (R-35852, amended 2021) applies its telephonic solicitation terms, including the ADAD consent and identification rules, to all call types including political activity and polling calls, but since 2021 exempts political and polling calls from the Sunday, holiday, and 8 p.m. to 8 a.m. calling-hour ban. Political calls are exempt from the Do Not Call list itself. Louisiana has no AI-specific voice disclosure rule for calls, but an AI-cloned candidate voice in an electioneering call would fall under Act 806's AI disclosure rule.", "laws": [ { "bill": "Automatic dialing and announcing devices statute", "citation": "La. R.S. 45:810 to 45:817 (core rules at 45:811 to 45:813)", "title": "Use of ADAD equipment", "enacted": null, "effective": null, "official_url": "https://legis.la.gov/legis/LawSearchList.aspx", "media_covered": "recorded messages delivered by automatic dialing and announcing devices", "who_is_covered": "anyone using ADAD equipment or live operators for sales, polls, or soliciting information; the LPSC permit and bond apply to any company or individual using ADAD equipment to call Louisiana numbers", "window": "statute: 8:00 a.m. to 8:00 p.m. Monday through Saturday, no Sundays or state holidays (the LPSC order exempts political and polling calls from the hours rule)", "type": "ban_unless_disclosed", "intent_standard": null, "disclosure_text": null, "disclosure_specs": "Consent per call, obtained by a live operator who states the intent to play a recorded message or by a consent feature in the device. Name and phone number of the caller within the first 25 seconds and at the end; that number must be answered personally during business hours.", "exemptions": [], "penalty_criminal": null, "penalty_civil": null, "private_right_of_action": null, "injunctive_relief": null, "litigation": null, "notes": "Statute text for 45:811 to 45:813 read from FindLaw because legis.la.gov refused connections on 2026-10-05. Penalty sections not confirmed. Whether pure persuasion or GOTV recorded calls fall within the statute's listed purposes (sales, polls, soliciting information) is not settled, but the LPSC order applies its ADAD terms to political activity calls.", "summary": null, "status": "in_effect" }, { "bill": "LPSC Do Not Call Program General Order, Docket R-35852", "citation": "LPSC General Order dated 2021-03-10 (R-35852), implementing R.S. 45:844.11 to 45:844.15", "title": "Do Not Call General Order: telephonic solicitation and ADAD terms", "enacted": "2021-02-17", "effective": null, "official_url": "https://www.lpsc.louisiana.gov/docs/DNC/General-Order-3-10-2021-R-35852.pdf", "media_covered": "telephone calls, including ADAD recorded-message calls", "who_is_covered": "all persons using phone lines for residential telephonic solicitation, including callers in the exempt categories such as political activity and polling", "window": "no calls Sundays, legal holidays, or 8 p.m. to 8 a.m., except political and polling calls are exempt from this hours rule", "type": null, "intent_standard": null, "disclosure_text": null, "disclosure_specs": "ADAD: consent before any message (live operator intro or press-to-consent, per call); immediately after answer, state the name, phone number, and firm making or paying for the call and on whose behalf; repeat at the end; inform and get permission if the response will be recorded; callback number staffed; equipment attended; disconnect within 10 seconds; no random or sequential dialing; no calls to hospitals, nursing homes, police, fire, emergency providers, or to cell, pager, or other charged numbers without the recipient's consent.", "exemptions": [ "political activity calls and polling calls are exempt from the Do Not Call list and the calling-hours rule, but not from the ADAD terms" ], "penalty_criminal": null, "penalty_civil": null, "private_right_of_action": null, "injunctive_relief": null, "litigation": null, "notes": "Political activity is defined as calls made for the sole purpose of urging support for or opposition to a candidate or ballot issue (if callers identify themselves), conducting political polls, or soliciting opinions, ideas, or votes.", "summary": null, "status": "in_effect" } ] }, "categories": { "election_admin": [ { "bill": "HB 459 (2026), Act 806", "citation": "La. R.S. 18:1483(33), 18:1501.1(A)(1)", "title": "Campaign finance reporting for electioneering communications", "enacted": "2026-06-09", "effective": "2026-08-01", "official_url": "https://legis.la.gov/legis/BillInfo.aspx?s=26RS&b=HB459&sbi=y", "summary": "The same act that created the AI disclosure rule broadened \"electioneering communication\" to cover printed, digital, and broadcast express advocacy and its functional equivalent, and requires persons other than candidates and committees who spend over $1,000 on electioneering communications to file reports. AI-generated ads by outside groups are therefore reportable spending.", "status": "in_effect", "notes": "Not AI-specific beyond the disclosure rule, but changes how AI ad spending by outside groups is reported." } ] }, "sources": [ { "title": "Louisiana Legislature: HB 459 (2026 RS) bill page, Act 806, effective 2026-08-01 (read via Internet Archive)", "url": "https://legis.la.gov/legis/BillInfo.aspx?s=26RS&b=HB459&sbi=y" }, { "title": "Act 806 enrolled text", "url": "https://legis.la.gov/legis/ViewDocument.aspx?d=1481244" }, { "title": "HB 459 reengrossed digest", "url": "https://legis.la.gov/legis/ViewDocument.aspx?d=1469131" }, { "title": "HB 459 original (shows R.S. 18:1463(E) disclosure format)", "url": "https://legis.la.gov/legis/ViewDocument.aspx?d=1445035" }, { "title": "La. R.S. 45:811 (FindLaw)", "url": "https://codes.findlaw.com/la/revised-statutes/la-rev-stat-tit-45-sect-811/" }, { "title": "La. R.S. 45:812 (FindLaw)", "url": "https://codes.findlaw.com/la/revised-statutes/la-rev-stat-tit-45-sect-812/" }, { "title": "La. R.S. 45:813 (FindLaw)", "url": "https://codes.findlaw.com/la/revised-statutes/la-rev-stat-tit-45-sect-813/" }, { "title": "LPSC Do Not Call General Order R-35852 (2021)", "url": "https://www.lpsc.louisiana.gov/docs/DNC/General-Order-3-10-2021-R-35852.pdf" }, { "title": "Public Citizen: Tracker of State Legislation on Deepfakes in Elections", "url": "https://www.citizen.org/article/tracker-legislation-on-deepfakes-in-elections/" } ], "unverified": [ "legis.la.gov refused connections on 2026-10-05; the HB 459 bill page and Act 806 text were read from Internet Archive copies.", "The 2024 vetoes of HB 154 and SB 97 are from Public Citizen; the veto messages were not read.", "Penalty and enforcement provisions of La. R.S. 45:810 to 45:817 (ADAD statute).", "Whether the enrolled F(1) wording joining 'authentic record' and 'replace an individual's likeness' with 'and' will be read as two required elements or as alternatives; no court has addressed it." ] }, { "abbr": "ME", "name": "Maine", "slug": "maine", "last_verified": "2026-10-05", "headline": "Since July 29, 2026, any Maine political ad that needs a paid-for disclosure and contains manipulated or AI-made images, audio, or video of a candidate must also carry the exact words \"THIS COMMUNICATION CONTAINS AUDIO, VIDEO AND/OR IMAGES THAT HAVE BEEN MANIPULATED OR ALTERED.\", with civil penalties up to 500% of the ad spend; Maine also bans automated or artificial-voice survey calls to residential and cell numbers without prior written consent.", "election": { "status": "disclosure", "summary": "Public Law 2025, chapter 593 (LD 517), signed March 23, 2026 and effective July 29, 2026, adds 21-A M.R.S. 1014(5-C): any public communication that already requires a disclosure under Maine's campaign finance law (express advocacy, candidate-naming communications in the pre-election windows, and independent expenditures with top-funder statements) must add the statutory statement if it contains synthetic media of a candidate. Synthetic media is any image, audio, or video of a candidate that deceptively shows the candidate saying or doing something they did not, or is altered to give a materially different impression. There is no intent requirement and no time limit beyond the underlying disclosure rules. The Ethics Commission can fine up to 500% of the expenditure, cannot waive the penalty for a quick fix, and refers continuing violations to the Attorney General for an injunction.", "laws": [ { "bill": "LD 517 (HP 335), 132nd Legislature; Public Law 2025, chapter 593", "citation": "21-A M.R.S. 1014(5-C), with conforming changes to 1014(3), (3-B), and (4)", "title": "An Act Regarding Synthetic Media in Campaign Advertising", "enacted": "2026-03-23", "effective": "2026-07-29", "official_url": "https://legislature.maine.gov/LawMakerWeb/summary.asp?LD=517&SessionID=16", "media_covered": "images, audio recordings, and video recordings depicting a candidate's appearance, speech, or conduct (any manipulation method, not only AI)", "who_is_covered": "any person financing a public communication that requires a disclosure under 21-A M.R.S. 1014(1), (2), (2-A), or (2-B). Broadcasters, cable and satellite systems, and newspapers are liable only if they run a paid communication with actual knowledge it contains synthetic media; a third party's allegation alone is not actual knowledge.", "window": "anytime for express advocacy; for non-express-advocacy communications naming a candidate, the 2-A windows (28 days before a primary, 35 days before a special election, Labor Day to the general election)", "type": "disclosure_required", "intent_standard": "None. Applies whenever the content is likely to deceive a reasonable person or give a materially different impression than the original.", "disclosure_text": "THIS COMMUNICATION CONTAINS AUDIO, VIDEO AND/OR IMAGES THAT HAVE BEEN MANIPULATED OR ALTERED.", "disclosure_specs": "In addition to every other required disclosure. The Ethics Commission must adopt routine technical rules on manner, size, and placement; proposed rules were released for comment May 27, 2026 (hearing June 24, 2026, comments due July 8, 2026) and were still pending as of October 5, 2026. Existing Commission rules require disclosure statements to be clear and conspicuous, and on TV at least 4% of vertical picture height for at least four seconds.", "exemptions": [ "satire or parody", "edits that only improve audio, video, or image clarity, add captions, or highlight a section without changing the impression", "broadcasters and newspapers without actual knowledge" ], "penalty_criminal": null, "penalty_civil": "Civil penalty up to 500% of the expenditure in violation (versus 100% for other disclosure violations). The usual option to waive the penalty if corrected within 10 days does not apply to synthetic media violations.", "private_right_of_action": "No new private right of action; other existing causes of action are preserved. The Attorney General may sue in Kennebec County Superior Court for an injunction when a violator keeps going after Commission notice, with costs and attorney fees.", "injunctive_relief": true, "litigation": "None found.", "notes": "LD 517 was originally titled An Act to Protect the First Amendment Rights of Individuals in the State and was rewritten by committee amendment in the 2026 session. Not an emergency law, so it took effect on the general effective date for nonemergency laws of the Second Regular Session of the 132nd Legislature, July 29, 2026 (the Legislature adjourned sine die April 29, 2026, per the Maine Legislature home page). The online statute text had not yet been updated with 5-C when checked on 2026-10-05. Covers state and local candidates under Maine campaign finance law; federal candidates are governed by FEC rules.", "summary": null, "status": "in_effect" } ], "pending": [ { "bill": "Ethics Commission rulemaking, 94-270 Chapter 1", "title": "Rules on manner, size, and placement of the 21-A M.R.S. 1014(5-C) synthetic media disclosure", "status": "Proposed; approved for public comment 2026-05-27, hearing 2026-06-24, comments closed 2026-07-08. As of 2026-10-05 the Commission rulemaking page still lists it under current proposed rulemaking (not adopted).", "url": "https://www.maine.gov/ethics/Rulemaking" }, { "bill": "LD 1690 (2025)", "title": "Earlier election deepfake bill", "status": "Failed May 2025 (per Public Citizen)", "url": "https://www.citizen.org/article/tracker-legislation-on-deepfakes-in-elections/" } ], "campaign_checklist": [ "If any image, audio, or video of a candidate in a Maine ad has been manipulated or AI-generated, add the exact sentence \"THIS COMMUNICATION CONTAINS AUDIO, VIDEO AND/OR IMAGES THAT HAVE BEEN MANIPULATED OR ALTERED.\" on top of the usual paid-for and authorization statements.", "Budget the risk: fines run up to five times what you spent on the ad, and a quick fix does not erase the penalty.", "Satire and parody are exempt, as are simple clarity edits and captions.", "Do not send automated or artificial-voice survey or data-gathering calls to Maine home or cell numbers without prior written consent (10 M.R.S. 1498).", "Any paid political phone program in Maine (push poll or political telephone solicitation) needs a registered Maine agent filed with the Ethics Commission before calls start, and push-poll style calls must state \"This is a paid political advertisement by (name)\"." ] }, "ai_calls": { "summary": "Maine has no AI-specific calling statute, but three rules matter. (1) 10 M.R.S. 1498 bans using an automated telephone calling device or an artificial or prerecorded voice to make solicitation calls (sales, charitable appeals, or calls to gather data or statistics or solicit information) to any residential, cell, unlisted, or emergency number in Maine without prior written express consent; AI voice polls and surveys fall squarely within this, while pure persuasion or GOTV calls are not listed purposes. (2) 21-A M.R.S. 1014-B requires sponsor disclosures on push polls and requires anyone conducting paid push polls or political telephone solicitations or contacts to file a registered Maine agent with the Ethics Commission. (3) An AI-cloned candidate voice in a prerecorded call that counts as a public communication would need the new synthetic media disclosure.", "laws": [ { "bill": "Automated telephone solicitation statute (PL 1989 c. 775, amended through PL 2019 c. 185)", "citation": "10 M.R.S. 1498", "title": "Automated telephone solicitation prohibited; exceptions; penalties", "enacted": null, "effective": null, "official_url": "https://legislature.maine.gov/statutes/10/title10sec1498.html", "media_covered": "calls by automated telephone calling devices or using an artificial or prerecorded voice", "who_is_covered": "anyone making solicitation calls, defined to include calls to sell, to solicit charitable contributions, or to gather data or statistics or solicit information", "window": "anytime; where permitted, automated solicitation calls only weekdays 9 a.m. to 5 p.m., one call per number per 8 hours", "type": "ban", "intent_standard": null, "disclosure_text": null, "disclosure_specs": "Where permitted: identify the name, address, and phone number of the organization within the first minute; disconnect within 5 seconds of hang-up; keep transcripts of messages for 24 months.", "exemptions": [ "prior, written, express consent of the recipient", "responding to an inquiry initiated by the person called", "government, school, and emergency messages", "status of purchased goods or services", "customer information about reservations, hours, and availability" ], "penalty_criminal": null, "penalty_civil": "Unfair trade practice under 5 M.R.S. 207 (Unfair Trade Practices Act remedies)", "private_right_of_action": null, "injunctive_relief": null, "litigation": null, "notes": "No political exemption. Whether persuasion or GOTV recorded calls are 'solicitation calls' is not settled; survey and polling calls clearly are, and fundraising robocalls may be argued to be 'solicit information' or donation solicitations.", "summary": null, "status": "in_effect" }, { "bill": "PL 2001 c. 416, amended PL 2003 c. 448", "citation": "21-A M.R.S. 1014-B", "title": "Push polling; political telephone solicitations", "enacted": null, "effective": null, "official_url": "https://legislature.maine.gov/statutes/21-A/title21-Asec1014-B.html", "media_covered": "paid telephone surveys (push polls) and paid political telephone solicitations or contacts, by live or automated callers", "who_is_covered": "anyone who authorizes, commissions, conducts, or administers a push poll; anyone who conducts a paid push poll or political telephone solicitation or contact in Maine", "window": "anytime", "type": "disclosure_required", "intent_standard": "Push poll definition requires, among other elements, a question premised on an untrue statement and a primary purpose of suppressing or changing the voter's position", "disclosure_text": "This is a paid political advertisement by (name of persons or organizations). This call is conducted by (name of organization).", "disclosure_specs": "In each push poll call: sponsor statement; caller organization if different; phone number and address if the sponsor does not file with election officials; candidate name and office if the sponsor is affiliated with a candidate; a statement that no candidate approved the call if it is an independent expenditure. Oral disclosures must be clear and repeated on request; automated systems must offer a way to repeat them.", "exemptions": [ "calls where the participants know each other before the call" ], "penalty_criminal": null, "penalty_civil": "$500 forfeiture assessed by the Ethics Commission for disclosure violations", "private_right_of_action": null, "injunctive_relief": null, "litigation": null, "notes": "The registered agent requirement (subsection 3) applies to paid political telephone solicitations or contacts generally, not only push polls, unless the caller is already registered to do business in Maine.", "summary": null, "status": "in_effect" } ] }, "categories": { "election_admin": [] }, "sources": [ { "title": "Maine Legislature: LD 517 summary (signed 2026-03-23, Chapter 593)", "url": "https://legislature.maine.gov/LawMakerWeb/summary.asp?LD=517&SessionID=16" }, { "title": "Maine Legislature: LD 517 chaptered law text, An Act Regarding Synthetic Media in Campaign Advertising", "url": "https://legislature.maine.gov/legis/bills/getPDF.asp?paper=HP0335&item=3&snum=132" }, { "title": "21-A M.R.S. 1014 (pre-amendment text)", "url": "https://legislature.maine.gov/statutes/21-A/title21-Asec1014.html" }, { "title": "Maine Ethics Commission rulemaking on 1014(5-C)", "url": "https://www.maine.gov/ethics/Rulemaking" }, { "title": "Maine.gov: New laws signed by Governor Mills take effect tomorrow (2026-07-28)", "url": "https://www.maine.gov/governor/mills/news" }, { "title": "21-A M.R.S. 1014-B push polling", "url": "https://legislature.maine.gov/statutes/21-A/title21-Asec1014-B.html" }, { "title": "10 M.R.S. 1498 automated telephone solicitation", "url": "https://legislature.maine.gov/statutes/10/title10sec1498.html" }, { "title": "Public Citizen: Tracker of State Legislation on Deepfakes in Elections", "url": "https://www.citizen.org/article/tracker-legislation-on-deepfakes-in-elections/" }, { "title": "Maine Legislature home page: general effective date for nonemergency laws of the 132nd Second Regular Session is July 29, 2026", "url": "https://legislature.maine.gov/" } ], "unverified": [ "Whether prerecorded or AI voice calls are 'public communications' requiring 1014 disclosures; Commission rules list prerecorded automated telephone messages among covered communications for independent expenditure purposes.", "Final Ethics Commission rules on size, placement, and duration of the synthetic media disclosure had not been adopted as of 2026-10-05; until then only the statute and general disclosure rules apply." ] }, { "abbr": "MD", "name": "Maryland", "slug": "maryland", "last_verified": "2026-10-05", "headline": "Since June 1, 2026, Maryland makes it a crime (up to 5 years and $5,000) to knowingly or recklessly create, use, or spread an AI deepfake that produces materially false information intended to sway a vote, suppress voting, or misstate election facts, with no disclosure safe harbor, and the State Board of Elections can sue to recover the cost of correcting election falsehoods.", "election": { "status": "ban", "summary": "Chapter 444 of 2026 (SB 141), effective June 1, 2026, adds Election Law 16-905: a person may not knowingly or with reckless disregard create, use, or disseminate a deepfake (AI or other digitally made realistic but false image, audio, or video of a person) to produce materially false information when the person intends to influence or impede a voter's decision to vote or how to vote for a candidate or ballot issue, to misrepresent voter registration, voting methods, results, or election officials' duties, or to sway petition signing, and the act results or is intended to result in harm to a voter, potential voter, or petition. Violations are misdemeanors punishable by up to 5 years and $5,000. Maryland has no AI labeling rule for political ads; adding a label is not a statutory defense, though content that is clearly not deceptive would not meet the elements. The same law lets the State Administrator correct election misinformation, seek court orders removing it from online platforms, and subpoena records, and lets the State Board sue for its correction costs.", "laws": [ { "bill": "SB 141 (2026), Chapter 444 (cross-file HB 145)", "citation": "Md. Code, Election Law 16-905 (new) and 2-110 (amended)", "title": "Election Law: Election Misinformation, Election Disinformation, and Deepfakes", "enacted": "2026-05-12", "effective": "2026-06-01", "official_url": "https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/sb0141?ys=2026RS", "media_covered": "images, audio recordings, and video recordings intentionally created or manipulated with generative AI or other digital technology to realistically but falsely depict a person", "who_is_covered": "any person (including candidates, campaigns, PACs, consultants, and vendors)", "window": "anytime", "type": "ban", "intent_standard": "Knowingly or with reckless disregard, to produce materially false information, with intent to (1) impede, influence, or prevent a voter's decision to cast a ballot, (2) misrepresent voter registration, voting methods, election results, electoral processes, or election officials' duties, (3) induce someone to sign or not sign a ballot petition, or (4) influence a voter's decision to vote for or against a candidate or ballot issue; and the act results, or is intended to result, in harm to a voter, potential voter, or petition. \"Influence\" includes pressure, deception, trickery, or direct or indirect authority, regardless of medium.", "disclosure_text": null, "disclosure_specs": null, "exemptions": [ "satire or parody", "radio, TV, cable, and satellite broadcasters airing a deepfake when required by federal law to air candidate ads, as part of bona fide news coverage that discloses the content may be deceptive, or when paid to air it after a good faith effort to check it", "websites and regularly published newspapers, magazines, and periodicals that carry news and commentary and clearly state the content does not accurately represent the candidate's speech or conduct", "online publishers and service providers protected by 47 U.S.C. 230" ], "penalty_criminal": "Misdemeanor; fine up to $5,000, imprisonment up to 5 years, or both", "penalty_civil": "Separately, the State Board of Elections may sue a person, campaign, PAC, or entity that created, used, or spread election disinformation (or misinformation with reckless disregard) to recover its costs of public correction, plus court costs and attorney fees, on clear and convincing evidence (Election Law 2-110).", "private_right_of_action": null, "injunctive_relief": true, "litigation": "None found.", "notes": "The injunction and subpoena powers belong to the State Administrator of Elections and cannot be used against interactive computer services for third-party content. Applies to all candidates, including federal, because it is framed as a voter-influence crime rather than an ad rule. Prior failed versions: SB 361 and HB 525 of 2025. The online Maryland Code had not yet been updated with 16-905 when checked; provisions confirmed against the Chapter 444 text (approved by Gov. Wes Moore May 12, 2026; Section 2 sets the June 1, 2026 effective date).", "summary": null, "status": "in_effect" } ], "pending": [ { "bill": "HB 740 (2025)", "title": "Election Law: Campaign Materials, Disclosure of Use of Synthetic Media", "status": "Died in House committee (hearing 2025-02-11); no 2026 AI ad disclosure bill passed", "url": "https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/hb0740?ys=2025RS" }, { "bill": "HB 525 and SB 361 (2025)", "title": "Influencing a voter by dissemination of a deepfake", "status": "Failed in 2025 (SB 361 passed the Senate 39 to 8; HB 525 stalled in Senate Rules); enacted in revised form as SB 141 in 2026", "url": "https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/sb0361?ys=2025RS" } ], "campaign_checklist": [ "Never use AI-generated or altered images, audio, or video of a real person to mislead voters about a candidate, a ballot question, or how, when, or where to vote. It is a crime even if you add a label.", "Satire and parody are exempt; make parody obvious.", "AI voice robocalls are campaign material in Maryland: include the authority line (and the not-authorized statement for independent spending).", "Never send AI or recorded calls with false voting information: Election Law 16-201 bars influencing whether someone votes through fraud or intimidation, and the 2024 law defines influence to include deception and trickery in any medium.", "Expect the State Board to post corrections and possibly sue for its correction costs if your campaign spreads false election information." ] }, "ai_calls": { "summary": "Maryland has no AI-specific calling statute, but three election laws reach AI voice calls. Automated or prerecorded oral communications are \"campaign material\" (Election Law 1-101), so they must carry an authority line (Election Law 13-401). Election Law 16-201 makes it a crime to influence a voter's decision whether to vote through fraud, threats, or intimidation, and since 2024 \"influence\" includes deception and trickery regardless of medium. The new deepfake crime (Election Law 16-905, effective June 1, 2026) covers AI-cloned voices in calls that falsely depict a person to sway or suppress votes. Maryland's telemarketing laws (including the 2023 Stop the Spam Calls Act) apply to sales calls, not political calls, so federal TCPA rules govern consent for AI or prerecorded calls to cell phones.", "laws": [ { "bill": "Authority line requirement", "citation": "Md. Code, Election Law 13-401; definition of campaign material at 1-101", "title": "Authority line on campaign material, including automated or prerecorded oral communications", "enacted": null, "effective": null, "official_url": "https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gel§ion=13-401&enactments=false", "media_covered": "all campaign material, expressly including automated or prerecorded oral communications, oral commercial ads, and digital communications", "who_is_covered": "campaign finance entities (name and address of the treasurer) and any other person responsible for the material", "window": "anytime", "type": "disclosure_required", "intent_standard": null, "disclosure_text": "This message has been authorized and paid for by (name of payor or any organization affiliated with the payor), (name and title of treasurer or president). This message has not been authorized or approved by any candidate.", "disclosure_specs": "The quoted statement is required on material supporting or opposing a candidate that the candidate did not authorize. All campaign material needs an authority line set apart from other content; addresses on file with the board may be omitted.", "exemptions": [], "penalty_criminal": null, "penalty_civil": null, "private_right_of_action": null, "injunctive_relief": null, "litigation": null, "notes": "Not AI-specific, but every AI voice robocall about a Maryland candidate or ballot question needs the authority line. Penalty provisions for authority line violations were not confirmed.", "summary": null, "status": "in_effect" }, { "bill": "HB 333 (2024), Chapter 126 (definition of influence); underlying statute long-standing", "citation": "Md. Code, Election Law 16-201", "title": "Improper influence on voters", "enacted": null, "effective": "2024-06-01", "official_url": "https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gel§ion=16-201&enactments=false", "media_covered": "any medium, including calls and AI-generated content", "who_is_covered": "any person", "window": "anytime", "type": "ban", "intent_standard": "Willfully and knowingly influencing or attempting to influence a voter's voting decision through force, threat, menace, intimidation, bribery, or reward, or a voter's decision whether to vote through force, fraud, threat, menace, intimidation, bribery, or reward", "disclosure_text": null, "disclosure_specs": null, "exemptions": [], "penalty_criminal": "Misdemeanor; fine up to $5,000, imprisonment up to 5 years, or both", "penalty_civil": "Civil penalty up to $5,000 for certain violations committed without knowing the act was illegal (per the 2026 Fiscal and Policy Note)", "private_right_of_action": null, "injunctive_relief": null, "litigation": null, "notes": "Chapter 126 of 2024 added that influence includes pressure, deception, trickery, or authority regardless of the medium used. The effective date shown is for that 2024 amendment.", "summary": null, "status": "in_effect" } ] }, "categories": { "election_admin": [ { "bill": "HB 333 (2024), Chapter 126", "citation": "Md. Code, Election Law 2-110", "title": "Election Disinformation and Improper Influence Related to Voting", "enacted": "2024", "effective": "2024-06-01", "official_url": "https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/hb0333?ys=2024RS", "summary": "Requires the State Board of Elections to run a public portal for reporting election misinformation and disinformation, review submissions, issue corrections, and refer cases to the State Prosecutor.", "status": "in_effect", "notes": "Not AI-specific; the 2026 act extended it to deepfakes." }, { "bill": "SB 141 (2026), Chapter 444", "citation": "Md. Code, Election Law 2-110(c)", "title": "State Administrator powers against election misinformation, including deepfakes", "enacted": "2026-05-12", "effective": "2026-06-01", "official_url": "https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/sb0141?ys=2026RS", "summary": "On a credible report of election misinformation or disinformation, including a deepfake, the State Administrator must publicly correct it and may seek an injunction to remove it from online platforms (but not against platforms for third-party content) and subpoena records about who spread it and to whom. The State Board may sue the responsible person, campaign, or PAC for its correction costs.", "status": "in_effect", "notes": "Election misinformation covers false or misleading information about the time, place, or manner of an election, results, or voting rights." } ] }, "sources": [ { "title": "Maryland General Assembly: SB 141 (2026), Chapter 444, effective June 1, 2026", "url": "https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/sb0141?ys=2026RS" }, { "title": "Chapter 444 of 2026 (enrolled text)", "url": "https://mgaleg.maryland.gov/2026RS/Chapters_noln/CH_444_sb0141e.pdf" }, { "title": "Fiscal and Policy Note, SB 141 (Enrolled, Revised)", "url": "https://mgaleg.maryland.gov/2026RS/fnotes/bil_0001/sb0141.pdf" }, { "title": "Maryland General Assembly: HB 333 (2024), Chapter 126", "url": "https://mgaleg.maryland.gov/mgawebsite/Legislation/Details/hb0333?ys=2024RS" }, { "title": "Election Law 13-401", "url": "https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gel§ion=13-401&enactments=false" }, { "title": "Election Law 1-101 (campaign material definition)", "url": "https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gel§ion=1-101&enactments=false" }, { "title": "Election Law 16-201", "url": "https://mgaleg.maryland.gov/mgawebsite/Laws/StatuteText?article=gel§ion=16-201&enactments=false" }, { "title": "Maryland General Assembly legislation data (2025 and 2026 sessions)", "url": "https://mgaleg.maryland.gov/2026RS/misc/billsmasterlist/legislation.json" }, { "title": "Public Citizen: Tracker of State Legislation on Deepfakes in Elections", "url": "https://www.citizen.org/article/tracker-legislation-on-deepfakes-in-elections/" } ], "unverified": [ "Penalties for authority line violations under Election Law 13-401.", "Chapter 445 of 2026 (SB 8, identity fraud using AI and deepfake representations, effective October 1, 2026) may also reach AI voice impersonation in calls; not analyzed because it is not election-specific.", "Exact signing date of HB 333 (2024).", "The codified Election Law 16-905 was not yet posted online; wording was read from the Chapter 444 PDF, where struck and added text appear together, and cross-checked with the revised enrolled Fiscal and Policy Note." ] }, { "abbr": "MA", "name": "Massachusetts", "slug": "massachusetts", "last_verified": "2026-10-05", "headline": "Massachusetts currently has no law on AI or deepfakes in political ads: a temporary 2024 ban (St. 2024, c. 238, s. 297) expired February 1, 2025, and the House-passed 2026 replacement bills stalled in the Senate when formal sessions ended July 31, 2026.", "election": { "status": "none", "summary": "No Massachusetts statute currently regulates AI-generated or deceptive synthetic media in political ads. Section 297 of Chapter 238 of the Acts of 2024 (the November 2024 economic development act) barred distributing materially deceptive audio or visual media with actual malice within 90 days of an election unless it carried the disclosure \"This _____ has been manipulated.\", but Section 318 of the same act repealed it effective February 1, 2025. In February 2026 the House passed H 5093 (ban on materially deceptive AI media with actual malice within 90 days of an election, with satire and parody exemptions) and H 5094 (AI disclosure at the beginning and end of synthetic audio or video political ads, fines up to $1,000), but both stalled in Senate Ways and Means and Public Citizen lists them as failed when formal sessions ended in July 2026. General election law, defamation, and federal rules still apply.", "laws": [ { "bill": "H 5100 (2024), Chapter 238 of the Acts of 2024, Section 297 (EXPIRED)", "citation": "St. 2024, c. 238, s. 297 (uncodified; repealed by s. 318, effective 2025-02-01 under s. 323)", "title": "Temporary ban on materially deceptive audio or visual media in elections (expired February 1, 2025)", "enacted": "2024-11-20", "effective": "2024-11-20", "official_url": "https://malegislature.gov/Laws/SessionLaws/Acts/2024/Chapter238", "media_covered": "images and audio or video recordings of a candidate's appearance, speech, or conduct, or about the safety or regular operations of an election, that were fabricated or intentionally manipulated so they falsely appear authentic", "who_is_covered": "any person, candidate, campaign committee, PAC, political issues committee, political party, or other entity", "window": "within 90 days of an election with a candidate on the ballot", "type": "ban_unless_disclosed", "intent_standard": "distribution with actual malice, with intent to injure a candidate's reputation or deceive a voter, or (for election operations content) intent to disrupt the integrity of the electoral process", "disclosure_text": "This _____ has been manipulated.", "disclosure_specs": "Blank filled with image, video, or audio. Visual: easily readable and no smaller than the largest other text; video for the full duration. Audio: clearly spoken at the beginning and end, and every 2 minutes if longer than 2 minutes.", "exemptions": [ "satire or parody", "bona fide news coverage that acknowledges authenticity questions", "broadcasters paid to air the media", "news websites and periodicals that state the media is not accurate", "interactive services under 47 U.S.C. 230" ], "penalty_criminal": null, "penalty_civil": null, "private_right_of_action": "Depicted candidates (and the Attorney General, for injunctions) could seek injunctions; candidates could sue for damages and attorney fees on clear and convincing evidence.", "injunctive_relief": true, "litigation": null, "notes": "Part of the 2024 economic development act (an emergency law approved in part by Gov. Healey on November 20, 2024). Section 318 repealed Section 297 effective February 1, 2025, so it never applied to a statewide election. Listed for history only; it does not bind 2026 campaigns.", "summary": null, "status": "repealed" } ], "pending": [ { "bill": "H 5093 (2026), An Act to protect against election misinformation (redraft of H 76)", "title": "Bans distributing materially deceptive AI-generated audio or visual media with actual malice within 90 days of an election; satire and parody exempt. Passed House 154 to 3 in February 2026.", "status": "Passed House 2026-02-11 (154 to 3); referred to Senate Ways and Means 2026-02-12; no further action in the archived bill history (May 2026). Formal sessions ended 2026-07-31; Public Citizen lists as failed.", "url": "https://malegislature.gov/Bills/194/H5093" }, { "bill": "H 5094 (2026), An Act enhancing disclosure requirements for synthetic media in political advertising (redraft of H 846)", "title": "Requires synthetic media audio or video communications meant to influence votes for or against a candidate or ballot question to disclose AI-generated material at the beginning and end; fines up to $1,000. Passed House 157 to 0 in February 2026.", "status": "Stalled in Senate Ways and Means; Public Citizen lists as failed July 2026", "url": "https://malegislature.gov/Bills/194/H5094" }, { "bill": "S 2631 (2025), Sen. Michael Moore (re-filed from S 44)", "title": "Senate synthetic media in election communications bill (90-day window, disclosure safe harbor, per earlier SD 2932 summary)", "status": "Public Citizen lists as failed July 2026", "url": "https://www.citizen.org/article/tracker-legislation-on-deepfakes-in-elections/" }, { "bill": "Mass WINS Act (2026 economic development bill)", "title": "In conference committee as of September 2026; Gov. Healey asked for frontier AI safety provisions. No election deepfake provisions reported.", "status": "In conference", "url": "https://hoodline.com/2026/09/healey-pushes-ai-safety-rules-at-the-big-e-warns-states-can-t-wait-on-washington/" } ], "campaign_checklist": [ "There is no Massachusetts AI ad disclaimer requirement today, but AI attack ads became a live issue in the 2026 governor's race; disclose AI use anyway to avoid backlash and federal or platform problems.", "Defamation, false-statement, and existing campaign finance disclaimer rules still apply to AI content.", "Platforms and broadcasters often require AI disclosure on political ads; follow their rules.", "Watch for H 5093 and H 5094 to be refiled in the 2027 to 2028 session.", "For robocalls, follow federal TCPA rules on artificial and prerecorded voices, including the FCC's 2024 ruling that AI voices count as artificial." ] }, "ai_calls": { "summary": "No Massachusetts law specific to AI voices or political robocalls was confirmed. State telemarketing rules target commercial telephone solicitation; whether any Massachusetts automatic dialing rule reaches political calls could not be verified because the Legislature's website was unreachable. Federal TCPA rules on artificial or prerecorded voices apply.", "laws": [] }, "categories": { "election_admin": [] }, "sources": [ { "title": "Public Citizen election deepfake tracker", "url": "https://www.citizen.org/article/tracker-legislation-on-deepfakes-in-elections/" }, { "title": "WBUR: House generates election year bill targeting AI in political sphere (Feb. 11, 2026)", "url": "https://www.wbur.org/news/2026/02/11/ai-political-ads-massachusetts-bills-regulation" }, { "title": "Massachusetts House press release: House passes bills regulating AI use in elections", "url": "https://malegislature.gov/PressRoom/Detail?pressReleaseId=329" }, { "title": "Boston Globe: Massachusetts should require disclosure of AI in political advertising (Feb. 17, 2026)", "url": "https://www.bostonglobe.com/2026/02/17/opinion/ai-deepfakes-election-law/" }, { "title": "Axios Boston: Massachusetts election deepfake law stalls in state Senate (Aug. 26, 2026)", "url": "https://www.axios.com/local/boston/2026/08/26/as-states-ban-political-deepfakes-mass-lawmakers-lag-behind" }, { "title": "H 5093", "url": "https://malegislature.gov/Bills/194/H5093" }, { "title": "H 5094", "url": "https://malegislature.gov/Bills/194/H5094" }, { "title": "Chapter 238 of the Acts of 2024 (sections 297, 318, 323)", "url": "https://malegislature.gov/Laws/SessionLaws/Acts/2024/Chapter238" } ], "unverified": [ "Whether H 5093 or H 5094 could still pass in an informal session before the session ends in early January 2027; Public Citizen treats them as failed.", "Official bill text of H 5093 and H 5094 (malegislature.gov unreachable); provisions are from WBUR and State House News reporting.", "Whether any Massachusetts statute restricts automated or prerecorded political calls." ] }, { "abbr": "MI", "name": "Michigan", "slug": "michigan", "last_verified": "2026-10-05", "headline": "Every paid Michigan political ad with AI-generated image, audio, or video must say it was generated by AI, AI-voiced political robocalls must say \"This message was generated in whole or substantially by artificial intelligence.\", and a deceptive deepfake of a candidate within 90 days of an election is a crime unless it carries the manipulated-media disclaimer.", "election": { "status": "disclosure", "summary": "Michigan has two layers, both in effect since February 13, 2024. First, any paid political ad (candidate, election, or ballot question) that contains AI-generated image, audio, or video must clearly state that it was generated in whole or substantially by AI, at any time of year; violations are civil infractions of up to $250 for a first offense and $1,000 per ad after that. Second, knowingly distributing AI-produced 'materially deceptive media' that falsely shows a person saying or doing something, within 90 days of an election and with intent to harm a candidate and deceive voters, is a crime unless the media carries a manipulated-media disclaimer meeting format rules; first offense is a 90-day misdemeanor and a repeat within 5 years is a 5-year felony.", "laws": [ { "bill": "HB 5141 (2023), Public Act 263 of 2023; AI defined by HB 5143, Public Act 264 of 2023", "citation": "MCL 169.259 (AI disclosure); MCL 169.202 (definition of artificial intelligence)", "title": "AI disclosure in qualified political advertisements (Michigan Campaign Finance Act)", "enacted": "2023-11-30", "effective": "2024-02-13", "official_url": "https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-169-259", "media_covered": "any paid advertisement relating to a candidate for federal, state, or local office in Michigan, an election, or a ballot question that contains any image, audio, or video generated in whole or substantially with AI", "who_is_covered": "a person, committee, or other entity that creates, originally publishes, or originally distributes a qualified political advertisement", "window": "anytime", "type": "disclosure_required", "intent_standard": "None for the civil disclosure duty (strict liability civil infraction).", "disclosure_text": null, "disclosure_specs": "Must clearly and conspicuously state that the qualified political advertisement was generated in whole or substantially by artificial intelligence (no fixed wording). Graphic or print: letters at least as large as the majority of the text, same language as the ad. Audio only: spoken clearly and intelligibly at the beginning or end, at least 3 seconds long, same language. Video: text displayed at least 4 seconds in readable size and spoken for at least 3 seconds at the beginning or end, same language.", "exemptions": [ "radio, TV, cable, or satellite stations airing the ad in a bona fide newscast, news interview, news documentary, or on-the-spot news coverage, if the broadcast clearly acknowledges the content was AI-generated and does not accurately represent the depicted person", "radio, TV, cable, or satellite stations paid to broadcast qualified political advertisements", "distribution platforms (websites, newspapers, periodicals carrying news and commentary) that have a clearly stated written disclosure policy given to the advertiser", "a qualified political advertisement that constitutes satire or parody", "a business or affiliate regulated by the Michigan Public Service Commission or the Federal Communications Commission" ], "penalty_criminal": null, "penalty_civil": "State civil infraction: up to $250 for a first violation; up to $1,000 per violation for a second or later violation. Each ad distributed or aired is a separate violation.", "private_right_of_action": null, "injunctive_relief": false, "litigation": "No court challenge found.", "notes": "Applies to paid ads only, at any time, and covers ballot questions as well as candidates. 'Qualified political advertisement' expressly includes search engine marketing, display, video, native, issue, messaging service, and mobile app ads and sponsorships. Separate from the deceptive-media crime in MCL 168.932f. Signed by the Governor November 30, 2023 (HB 5141, PA 263 of 2023), effective February 13, 2024. Text read from the official Michigan Compiled Laws page.", "summary": null, "status": "in_effect" }, { "bill": "HB 5144 (2023), Public Act 265 of 2023; sentencing guideline companion HB 5145", "citation": "MCL 168.932f", "title": "Distribution of materially deceptive media", "enacted": "2023-11-30", "effective": "2024-02-13", "official_url": "https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-168-932f", "media_covered": "any image, audio, or video produced by artificial intelligence (as defined in MCL 169.202) that falsely depicts an individual engaging in speech or conduct they did not engage in, where a reasonable viewer or listener would believe it was real", "who_is_covered": "any person who distributes, or agrees with another person to distribute, the media", "window": "within 90 days before an election (federal, statewide, legislative, judicial, county, local, or primary)", "type": "ban_unless_disclosed", "intent_standard": "All must apply: the person knows the media falsely represents the depicted individual; intends to harm the reputation or electoral prospects of a candidate and the distribution is reasonably likely to do so; and intends to change voters' behavior by deceiving them into believing the depicted individual actually said or did it, and the distribution is reasonably likely to do so.", "disclosure_text": "This ___________ (image, audio, or video) has been manipulated by technical means and depicts speech or conduct that did not occur.", "disclosure_specs": "The quoted wording is sufficient but not required; any disclaimer saying the media was manipulated by technical means and depicts speech or conduct that did not occur works. Video: shown throughout the entire video, clearly visible and readable, in letters at least as large as the majority of other text (or easily readable if no other text), same language as the video. Audio only: read at the beginning and end, clearly spoken, at an easily heard pitch, same language. Image: clearly visible and readable, letters at least as large as the majority of other text, same language. If the media was made by editing an existing image, audio, or video, it must also include a citation directing the audience to the original unedited source.", "exemptions": [ "media carrying a compliant disclaimer (and source citation if edited from existing media)" ], "penalty_criminal": "First violation: misdemeanor, up to 90 days and/or $500. Violation within 5 years of a prior conviction: felony, up to 5 years and/or $1,000.", "penalty_civil": "A non-AG plaintiff awarded a permanent injunction may recover costs and attorney fees. Frivolous complaints can be dismissed with fees and sanctions against the plaintiff.", "private_right_of_action": "Permanent injunction only: the Attorney General, the depicted individual, a candidate injured or likely to be injured, or an organization representing voters likely to be deceived may sue in circuit court. Plaintiff must prove by clear and convincing evidence that the defendant knew the media was false. Preliminary injunctions are not allowed.", "injunctive_relief": true, "litigation": "No court challenge found.", "notes": "No express satire, parody, news, or broadcaster exemptions in 168.932f; the intent elements do the narrowing. Preliminary injunctions are barred (subsection 9). HB 5145 (2023) added the felony to the sentencing guidelines. HB 5144 was signed November 30, 2023 (PA 265 of 2023) and took effect February 13, 2024 (official history: Add. 2023, Act 265, Eff. Feb. 13, 2024).", "summary": null, "status": "in_effect" } ], "pending": [ { "bill": "None identified", "title": "No 2025 or 2026 bill amending Michigan's election AI laws was found. Michigan's session runs through December 2026, so bills could still move.", "status": "No pending election AI bill identified", "url": "https://www.citizen.org/article/tracker-legislation-on-deepfakes-in-elections/" } ], "campaign_checklist": [ "Put an AI statement on every paid ad that contains AI-generated image, audio, or video, at any time of year, including ballot question ads. Video needs it on screen at least 4 seconds and spoken at least 3 seconds.", "Any prerecorded political call that uses an AI-generated voice or is substantially AI-made must say: \"This message was generated in whole or substantially by artificial intelligence.\" plus the paid-for-by identification with contact information.", "Never distribute realistic AI media of a candidate saying or doing something they did not within 90 days of an election without the manipulated-media disclaimer; label it for the whole video and cite the original source if you edited real footage.", "Keep the AI disclosure separate from, and in addition to, the standard paid-for-by line.", "Each noncompliant ad is a separate violation, so audit every version and placement." ] }, "ai_calls": { "summary": "Michigan is one of the few states with an AI-specific robocall rule. Under MCL 169.247(7), a prerecorded telephone message that expressly advocates for or against a clearly identified candidate or ballot question must identify the payer with name and a phone number, address, or other contact information, and if the message is generated in whole or substantially by AI it must contain the exact disclaimer \"This message was generated in whole or substantially by artificial intelligence.\" A knowing violation of section 169.247 is a misdemeanor (up to $1,000 and/or 93 days). Paid AI audio ads are also covered by MCL 169.259, and deceptive AI voice clones of candidates within 90 days of an election fall under MCL 168.932f.", "laws": [ { "bill": "HB 5141 (2023), Public Act 263 of 2023", "citation": "MCL 169.247(7)", "title": "Identification and AI disclaimer on prerecorded political telephone messages", "enacted": "2023-11-30", "effective": "2024-02-13", "official_url": "https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-169-247", "media_covered": "prerecorded telephone messages that in express terms advocate the election or defeat of a clearly identified candidate or the qualification, passage, or defeat of a ballot question", "who_is_covered": "the person paying for the prerecorded message (campaigns, committees, and anyone funding the call)", "window": "anytime", "type": "disclosure_required", "intent_standard": "Knowing violation required for the criminal penalty.", "disclosure_text": "This message was generated in whole or substantially by artificial intelligence.", "disclosure_specs": "The message must identify the payer by name and telephone number, address, or other contact information and comply with the regulated-funds rule in subsection (4). Otherwise no standard disclaimer is required on a prerecorded call, but an AI-generated message must contain the quoted AI disclaimer. The statute does not say where in the call it must play.", "exemptions": [], "penalty_criminal": "Knowing violation of section 169.247: misdemeanor, fine up to $1,000 and/or up to 93 days in jail (MCL 169.247(6)).", "penalty_civil": null, "private_right_of_action": null, "injunctive_relief": null, "litigation": null, "notes": "Covers only prerecorded messages with express advocacy. A live human caller is not a prerecorded message. Whether a real-time conversational AI agent counts as a 'prerecorded telephone message' is untested; the safest course is to play the AI disclaimer and the paid-for-by identification on every AI-voiced political call. Official history note for MCL 169.247: Am. 2023, Act 263, Eff. Feb. 13, 2024. MCL 169.259(5) also shields distribution platforms with notice policies for AI prerecorded telephone messages. Federal law (FCC 2024 ruling that AI-generated voices are 'artificial' voices under the TCPA) also applies.", "summary": null, "status": "in_effect" } ] }, "categories": { "election_admin": [] }, "sources": [ { "title": "MCL 169.259 (Michigan Legislature)", "url": "https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-169-259" }, { "title": "MCL 169.247 (Michigan Legislature)", "url": "https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-169-247" }, { "title": "MCL 168.932f (Michigan Legislature)", "url": "https://www.legislature.mi.gov/Laws/MCL?objectName=mcl-168-932f" }, { "title": "HB 5141 of 2023 (Public Act 263 of 2023) bill history", "url": "https://www.legislature.mi.gov/Bills/Bill?ObjectName=2023-HB-5141" }, { "title": "HB 5144 of 2023 (Public Act 265 of 2023) bill history", "url": "https://www.legislature.mi.gov/Bills/Bill?ObjectName=2023-HB-5144" }, { "title": "Public Act 265 of 2023", "url": "https://www.legislature.mi.gov/documents/2023-2024/publicact/htm/2023-PA-0265.htm" }, { "title": "Public Citizen election deepfake tracker", "url": "https://www.citizen.org/article/tracker-legislation-on-deepfakes-in-elections/" } ], "unverified": [] }, { "abbr": "MN", "name": "Minnesota", "slug": "minnesota", "last_verified": "2026-10-05", "headline": "Minnesota makes it a crime to spread a realistic election deepfake of a candidate without consent in the 90 days before a party convention or once absentee voting has started, a disclaimer does NOT make it legal, and a convicted candidate can lose the nomination or office.", "election": { "status": "ban", "summary": "Minn. Stat. 609.771 bans disseminating (or contracting to disseminate) a deep fake, meaning realistic AI or technically manipulated video, audio, image, or photo of someone saying or doing something they did not, if it is done without the depicted person's consent, with intent to injure a candidate or influence an election, and during the protected window (90 days before a party nominating convention, or any time after absentee voting has begun for a primary or general election). Unlike most states there is no disclaimer safe harbor and no express satire or parody exemption, although courts have read the realism requirement to exclude content clearly labeled as parody. Penalties run from a 90-day misdemeanor up to 5 years in prison for repeat offenders, a convicted state or local candidate forfeits the nomination or office, and prosecutors, the depicted person, or an injured candidate can get an injunction. Two federal First Amendment challenges are pending but the law remains in force.", "laws": [ { "bill": "HF 1370 (2023), amended by HF 4772 (2024)", "citation": "Minn. Stat. 609.771", "title": "Use of deep fake technology to influence an election", "enacted": "2023-05-26", "effective": "2023-08-01", "official_url": "https://www.revisor.mn.gov/statutes/cite/609.771", "media_covered": "any video recording, motion-picture film, sound recording, electronic image, or photograph (or technological representation substantially derived from one) so realistic that a reasonable person would believe it shows real speech or conduct, whose production depended substantially on technical means rather than a human impersonator", "who_is_covered": "any person who disseminates a deep fake or enters into a contract or agreement to have one disseminated", "window": "within 90 days before a political party nominating convention, or after the start of absentee voting for a presidential nomination primary, state or local primary, or general election (as amended in 2024)", "type": "ban", "intent_standard": "Person knows, or acts with reckless disregard about whether, the item is a deep fake; dissemination is without the depicted individual's consent; and it is made with intent to injure a candidate or influence the result of an election. (The original 2023 text used a 'knows or reasonably should know' standard.)", "disclosure_text": null, "disclosure_specs": null, "exemptions": [ "Broadcasters and cable or satellite systems that air a candidate-produced deep fake they are required by federal law to carry", "No express exemption for news, satire, or parody; the Eighth Circuit (Kohls v. Ellison, 2026) held that videos clearly labeled as parody are not deep fakes because a reasonable person would not believe them real" ], "penalty_criminal": "Up to 90 days jail and/or $1,000 fine; up to 364 days and/or $3,000 if done with intent to cause violence or bodily harm; up to 5 years and/or $10,000 if within 5 years of a prior conviction under this section.", "penalty_civil": "A candidate for state or local office convicted under this section forfeits the nomination or office, and a convicted candidate or other individual is disqualified from appointment to that office or any other office for which the Legislature may set qualifications (added 2024).", "private_right_of_action": "Injunctive relief only (no damages): the Attorney General, a county or city attorney, the depicted individual, or a candidate who is injured or likely to be injured may sue to stop dissemination.", "injunctive_relief": true, "litigation": "Kohls v. Ellison (D. Minn. No. 24-cv-3754): preliminary injunction denied Jan. 10, 2025 (commentator Christopher Kohls lacked standing; Rep. Mary Franson had standing but unreasonably delayed). Eighth Circuit affirmed Feb. 9, 2026 (No. 25-1300, Colloton, Loken and Benton), reasoning that videos clearly labeled as parody are not deep fakes because a reasonable person would not believe them real; rehearing en banc was reportedly denied in March 2026. The case continues on the merits in district court. X Corp. v. Ellison (D. Minn. No. 0:25-cv-01649): on Dec. 2, 2025 the court dismissed X's Section 230 claim for lack of standing; X's First Amendment claim was stayed. As of October 2026 no court has blocked the law.", "notes": "2023 Minn. Laws ch. 58, sec. 2; amended by 2024 Minn. Laws ch. 112, art. 2, secs. 76 to 78 (window, mens rea, candidate forfeiture). Covers AI audio, so an AI voice clone of a candidate in a call or voicemail is covered. No change to the statute in the 2025 or 2026 sessions per the Revisor history.", "summary": null, "status": "in_effect" } ], "pending": [ { "bill": "None pending", "title": "No bill amending 609.771 or adding an AI political ad disclaimer was enacted in the 2025 or 2026 sessions. The 2025 to 2026 biennium has ended, so all unpassed bills are dead. Public Citizen lists SF 4029 (2024) as failed.", "status": "No election AI bills pending until the 2027 session", "url": "https://www.citizen.org/article/tracker-legislation-on-deepfakes-in-elections/" } ], "campaign_checklist": [ "Do not distribute any realistic AI or manipulated image, video, or audio of a candidate without that person's consent once you are within 90 days of a party convention or absentee voting has opened. A disclaimer does not cure it.", "Absentee voting in Minnesota opens about 46 days before an election, so for practical purposes treat the whole primary and general election season as covered.", "Parody is only safe if it is obviously not real. Label it clearly as parody or satire and make it unrealistic.", "Candidates face forfeiture of their nomination or office if convicted, so vet every vendor and volunteer asset, including AI voice in calls and voicemails.", "Robocalls with prerecorded or synthesized voices require prior consent or a live operator who gets consent first. Plan live-agent intros for any AI voice program." ] }, "ai_calls": { "summary": "Minnesota's automatic dialing-announcing device law expressly covers devices that play a 'prerecorded or synthesized voice message' and defines a message as any call regardless of content, so it reaches political robocalls and AI voice calls. A caller may not use such a device unless the subscriber knowingly requested or consented to the message, or a live operator first introduces the call and gets the subscriber's consent before the message plays. Calls must also be made between 9 a.m. and 9 p.m. and the device must disconnect within 10 seconds of hang-up. Separately, an AI voice clone of a candidate used to influence an election inside the 609.771 window is a crime.", "laws": [ { "bill": "1987 Minn. Laws ch. 294 (amended 2009 and later)", "citation": "Minn. Stat. 325E.26 to 325E.31", "title": "Automatic dialing-announcing devices", "enacted": "1987", "effective": null, "official_url": "https://www.revisor.mn.gov/statutes/cite/325E.27", "media_covered": "automated calls that select and dial numbers and play a prerecorded or synthesized voice message (AI generated voices fall within 'synthesized')", "who_is_covered": "any caller, including campaigns, PACs, and vendors; 'message' means any call regardless of content", "window": "anytime", "type": "ban_unless_disclosed", "intent_standard": null, "disclosure_text": null, "disclosure_specs": "Prior request or consent of the subscriber, or a live operator must obtain consent before the recorded or synthesized message plays (325E.27). Calls only between 9:00 a.m. and 9:00 p.m. (325E.30). Device must disconnect within 10 seconds after the subscriber hangs up (325E.28). Live-operator-preceded messages must identify the organization and purpose (325E.29).", "exemptions": [ "school district messages to students, parents, or staff", "messages to subscribers with a current business or personal relationship with the caller", "work schedule messages to employees", "certain nonprofit clothing-donation calls for disabled veterans" ], "penalty_criminal": null, "penalty_civil": "Attorney General may seek civil penalties of up to $50,000 (325E.31).", "private_right_of_action": "Yes. Violations carry the remedies of Minn. Stat. 8.31, including a private action for damages, costs, and attorney fees.", "injunctive_relief": true, "litigation": null, "notes": "Not AI-specific, but the statutory definition naming 'synthesized voice' makes it directly applicable to AI voice agents. A live human who uses AI only to assist (not to deliver a recorded or synthesized message) is not an automatic dialing-announcing device call.", "summary": null, "status": "in_effect" } ] }, "categories": { "election_admin": [] }, "sources": [ { "title": "Minn. Stat. 609.771 (Revisor of Statutes)", "url": "https://www.revisor.mn.gov/statutes/cite/609.771" }, { "title": "Minn. Stat. 325E.26 to 325E.31 (Revisor of Statutes)", "url": "https://www.revisor.mn.gov/statutes/cite/325E.26" }, { "title": "Kohls v. Ellison, No. 25-1300 (8th Cir. Feb. 9, 2026), CourtListener", "url": "https://www.courtlistener.com/opinion/10786005/christopher-kohls-v-keith-ellison/" }, { "title": "Reason / Volokh Conspiracy on the Eighth Circuit ruling", "url": "https://reason.com/volokh/2026/02/09/no-preliminary-injunction-in-challenge-to-minnesota-election-deepfake-law-but-challenge-goes-on/" }, { "title": "MLex: rehearing denied in Kohls v. Ellison", "url": "https://www.mlex.com/mlex/articles/2459992/legislator-content-creator-fail-to-get-rehearing-against-deepfake-law" }, { "title": "FindLaw: X Corp. v. Ellison Section 230 claim dismissed", "url": "https://www.findlaw.com/legalblogs/courtside/x-doesnt-mark-the-spot-as-judge-tosses-claim-in-minnesota-deepfake-trial/" }, { "title": "Public Citizen election deepfake tracker", "url": "https://www.citizen.org/article/tracker-legislation-on-deepfakes-in-elections/" }, { "title": "Minnesota Secretary of State deep fake overview", "url": "https://www.sos.mn.gov/media/5626/deep-fake-overview.pdf" } ], "unverified": [ "Exact date of the Eighth Circuit order denying rehearing en banc in Kohls v. Ellison (MLex article dated March 31, 2026; full text paywalled).", "Whether X Corp.'s stayed First Amendment claim has been revived; FindLaw (Dec. 2025) mentions an appeal pending to the Eighth Circuit without detail.", "Exact effective date of the 2024 amendments (HF 4772, 2024 Minn. Laws ch. 112, signed May 17, 2024); the Revisor lists various effective dates for that omnibus bill.", "Whether Minnesota courts have applied 325E.27 to political robocalls in recent years (State by Humphrey v. Casino Marketing Group, Minn. 1992, upheld it as applied to political calls, but the opinion was not re-read for this update)." ] }, { "abbr": "MS", "name": "Mississippi", "slug": "mississippi", "last_verified": "2026-10-05", "headline": "In Mississippi it is a crime to spread a realistic AI or manipulated image or audio of a person within 90 days of an election, without their consent, to hurt a candidate, sway the result, or keep people from voting; a clear on-screen statement that the person did not say or do it is a defense.", "election": { "status": "disclosure", "summary": "SB 2577 (2024), effective July 1, 2024, makes it a crime to disseminate, or contract to disseminate, a 'digitization' (a realistic altered or AI-created image or audio of a person) within 90 days of an election, without the depicted person's consent, with intent to injure a candidate, influence the election result, or deter anyone from voting, when the person knows it is a digitization. Clear and prominent language displayed throughout the digitization telling viewers the person did not engage in the depicted speech or conduct is a defense to prosecution. Penalties reach 5 years and $10,000 when the intent is to incite violence, cause bodily harm, or deter voting, or for a repeat offense within 5 years; otherwise up to 1 year and $5,000. The AG, a district attorney, the depicted person, an injured candidate, or a political party can seek an injunction and takedown order.", "laws": [ { "bill": "SB 2577 (2024), 2024 Miss. Laws ch. 467", "citation": "Miss. Code Ann. 97-13-47", "title": "Wrongful dissemination of digitizations", "enacted": "2024-04-30", "effective": "2024-07-01", "official_url": "https://billstatus.ls.state.ms.us/documents/2024/html/SB/2500-2599/SB2577SG.htm", "media_covered": "images and audio altered in a realistic manner (deepfakes) or created with software, machine learning, AI, or other computer means, that a reasonable person would believe shows real speech or conduct, where production depended substantially on technical means rather than human impersonation; disseminated by social media, email, messaging, video sharing, or any other physical or electronic method", "who_is_covered": "any person who disseminates a digitization or enters into a contract or agreement to disseminate one", "window": "within 90 days of an election", "type": "ban_unless_disclosed", "intent_standard": "Person knows or has actual knowledge the item is a digitization; disseminated without the depicted individual's consent; and with intent to injure the candidate, influence the results of an election, or deter any person from voting.", "disclosure_text": null, "disclosure_specs": "Defense to prosecution: clear and prominent language displayed throughout the digitization informing the viewer that the depicted individual did not engage in the depicted speech or conduct. No fixed wording. The statute does not spell out how an audio-only piece satisfies the 'displayed' language.", "exemptions": [ "interactive computer services (47 U.S.C. 230(f)) and information or communications services (47 U.S.C. 153)", "radio and TV stations, cable and satellite operators, programmers, and producers airing it in a bona fide newscast, news interview, documentary, or coverage of a bona fide news event", "stations and online platforms paid to broadcast it", "websites, newspapers, magazines, and periodicals that routinely carry news and commentary, if the publication clearly states the communication does not accurately represent the candidate or ballot issue", "satire or parody", "dissemination or receipt to detect, prevent, investigate, report, or prosecute security incidents, fraud, harassment, or other illegal activity" ], "penalty_criminal": "Up to 5 years and/or $10,000 if done with intent to incite or cause violence, cause bodily harm, or deter any person from voting, or if previously convicted under this section within 5 years. Otherwise up to 1 year and/or $5,000.", "penalty_civil": null, "private_right_of_action": "Injunctive relief against anyone about to violate or violating the law may be sought by the Attorney General; a district attorney (if the depicted person lives in the district or the district is affected); the depicted individual; an injured candidate; or a political party whose nominee is on the ballot and is injured. The court may order the digitization removed from social media, email, messaging, video services, and other channels.", "injunctive_relief": true, "litigation": "No court challenge found.", "notes": "Applies to any depicted individual, not just candidates, and expressly covers audio, so an AI voice clone in a robocall or voicemail is covered. Deterring voting is an aggravating factor. Signed April 30, 2024 per the official bill history (Laws 2024, ch. 467, sec. 1, effective July 1, 2024); codified at Miss. Code Ann. 97-13-47 per the 2025 Mississippi Code on Justia.", "summary": null, "status": "in_effect" } ], "pending": [ { "bill": "None pending", "title": "The 2026 regular session adjourned in early April 2026. The only AI bill enacted was HB 1723 (a general definition of artificial intelligence, effective July 1, 2026); no election AI bill passed. Public Citizen lists HB 1689 (2024) as failed.", "status": "No session until January 2027", "url": "https://www.citizen.org/article/tracker-legislation-on-deepfakes-in-elections/" } ], "campaign_checklist": [ "In the 90 days before any Mississippi election, do not distribute realistic AI or altered images or audio of anyone without their consent if it could be read as aimed at a candidate or the result.", "If you use synthetic media, display a clear and prominent statement throughout that the person did not say or do what is shown; for audio, say it plainly at the start and end.", "Never use AI content that could discourage people from voting; that is the felony-level tier (up to 5 years).", "Satire and parody are exempt, but make it obvious.", "Opponents, parties, and prosecutors can get fast takedown orders, so keep consent records for any likeness you use." ] }, "ai_calls": { "summary": "Mississippi has no AI-specific rule for political calls. The Mississippi Telephone Solicitation Act (Miss. Code 77-3-701 and following) restricts recorded-message calls for telephone solicitations (sales); whether it reaches campaign robocalls was not confirmed. An AI voice deepfake of a person used within 90 days of an election falls under Miss. Code Ann. 97-13-47 (SB 2577). Federal TCPA rules on artificial or prerecorded voices apply.", "laws": [] }, "categories": { "election_admin": [] }, "sources": [ { "title": "SB 2577 (2024) official bill history", "url": "https://billstatus.ls.state.ms.us/2024/pdf/history/SB/SB2577.xml" }, { "title": "SB 2577 (As Sent to Governor) text", "url": "https://billstatus.ls.state.ms.us/documents/2024/html/SB/2500-2599/SB2577SG.htm" }, { "title": "Miss. Code Ann. 97-13-47 (2025 Mississippi Code, Justia)", "url": "https://law.justia.com/codes/mississippi/title-97/chapter-13/section-97-13-47/" }, { "title": "Orrick US AI Law Tracker: Mississippi", "url": "https://ai-law-center.orrick.com/mississippi/" }, { "title": "Public Citizen election deepfake tracker", "url": "https://www.citizen.org/article/tracker-legislation-on-deepfakes-in-elections/" } ], "unverified": [ "Whether the Mississippi Telephone Solicitation Act (Miss. Code 77-3-701 and following) restricts automated political calls; the code text was not reviewed. (Miss. Code 23-15-875, cited by some secondary sources, concerns charges against a candidate's integrity, not calls.)", "Full list of 2026 AI bills that died; only HB 1723 (definition) and SB 2046 (name, image, and likeness, died in House committee) were identified." ] }, { "abbr": "MO", "name": "Missouri", "slug": "missouri", "last_verified": "2026-10-05", "headline": "Missouri has no law on AI or deepfakes in political ads; the Senate passed an AI bill with an election AI disclaimer section (SB 1012) in 2026, but it died in a House committee.", "election": { "status": "none", "summary": "Missouri has not enacted any law requiring disclosure of, or banning, AI-generated or deepfake content in political ads or communications. Election deepfake bills have been filed every year since 2024 and all failed. In 2026 the Senate passed SB 1012, a broad AI bill whose Section 130.165 would have required a prominent AI disclaimer on political ads (with a class A misdemeanor for leaving it off), but the House Emerging Issues committee voted it do not pass. Existing campaign finance 'paid for by' rules, defamation law, and federal rules still apply to AI content.", "laws": [], "pending": [ { "bill": "SB 1012 (2026)", "title": "Broad AI bill (AI Non-Sentience and Responsibility Act, companion chatbots) with an elections section (130.165) requiring a prominent AI disclaimer on political ads; same election text as SB 509 (2025). Passed the Senate as SS#2/SCS/SB 1012.", "status": "Failed: voted do not pass in the House Emerging Issues committee; session ended May 2026", "url": "https://www.senate.mo.gov/BillTracking/Bills/BillInformation?year=2026&BillID=469" }, { "bill": "SB 1183 (2026)", "title": "Election deepfake bill", "status": "Failed May 2026 (Public Citizen)", "url": "https://www.citizen.org/article/tracker-legislation-on-deepfakes-in-elections/" }, { "bill": "SB 509 and HB 673 (2025)", "title": "Election deepfake bills", "status": "Failed May 2025 (Public Citizen)", "url": "https://www.citizen.org/article/tracker-legislation-on-deepfakes-in-elections/" }, { "bill": "HB 2628 and SB 1444 (2024)", "title": "Election deepfake bills; HB 2628 passed the House in March 2024", "status": "Failed May 2024 (Public Citizen)", "url": "https://www.citizen.org/article/tracker-legislation-on-deepfakes-in-elections/" } ], "campaign_checklist": [ "No Missouri AI disclaimer is required on political ads, but disclosing AI use avoids platform rejections and backlash.", "Missouri's standard 'paid for by' disclaimer rules and defamation law still apply to AI content.", "Expect an election AI disclaimer bill to return in the 2027 session; versions passed one chamber in both 2024 (HB 2628) and 2026 (SB 1012).", "For robocalls, follow federal TCPA rules on artificial and prerecorded voices, including the FCC's 2024 ruling that AI voices count as artificial." ] }, "ai_calls": { "summary": "No Missouri law specific to AI voices or political robocalls was confirmed. Missouri's no-call and telemarketing statutes are aimed at telephone solicitation (sales); their application to political calls could not be verified because Missouri's statute and legislature websites were unreachable. Federal TCPA rules on artificial or prerecorded voices apply.", "laws": [] }, "categories": { "election_admin": [] }, "sources": [ { "title": "Public Citizen election deepfake tracker", "url": "https://www.citizen.org/article/tracker-legislation-on-deepfakes-in-elections/" }, { "title": "Missouri Senate: SB 1012 (2026)", "url": "https://www.senate.mo.gov/BillTracking/Bills/BillInformation?year=2026&BillID=469" }, { "title": "Orrick US AI Law Tracker: Missouri", "url": "https://ai-law-center.orrick.com/missouri/" } ], "unverified": [ "Contents of SB 1183 (2026); only its number and failed status from Public Citizen are listed.", "Whether any Missouri statute restricts automated or prerecorded political calls or requires sponsor identification on them." ] }, { "abbr": "MT", "name": "Montana", "slug": "montana", "last_verified": "2026-10-05", "headline": "Since 2025, Montana bars paying for or sponsoring an election communication that you know or should know is a deepfake of a candidate or party within 60 days of the start of voting, unless it carries the exact statutory AI disclosure; repeat violations become crimes.", "election": { "status": "disclosure", "summary": "SB 25 (2025 Mont. Laws ch. 541, codified at MCA 13-35-801 to 13-35-804) prohibits paying for or sponsoring the production, creation, or distribution of an election communication or electioneering communication that the sponsor knew or should have known is a deepfake of a candidate (including incumbents) or political party on the ballot, within 60 days of the initiation of voting. It is legal if it carries the statutory disclosure in the required size and placement. Enforcement starts with a complaint to the Commissioner of Political Practices (civil penalties), a second sufficiency finding is referred for misdemeanor prosecution, and a third for felony prosecution; aggrieved candidates and parties can also sue for an injunction, damages, up to $10,000 punitive damages, and attorney fees.", "laws": [ { "bill": "SB 25 (2025)", "citation": "MCA 13-35-801 to 13-35-804 (2025 Mont. Laws ch. 541)", "title": "Deepfake regulation in election communications", "enacted": null, "effective": "2025-10-01", "official_url": "https://mca.legmt.gov/bills/mca/title_0130/chapter_0350/part_0080/sections_index.html", "media_covered": "AI-generated content (image, video, audio, multimedia, or text substantially created or modified by generative AI so as to materially alter its meaning) or synthetic media (realistic but false image, audio, or video of a person made with generative AI or other digital technology) that depicts a candidate or political party, with intent to injure the candidate's or party's reputation or otherwise deceive a voter, and that shows something that did not happen or gives a fundamentally different impression than the original. Minimal AI edits that do not change meaning are excluded.", "who_is_covered": "a person, corporation, committee, political party, or other entity, working in an official election capacity, that pays for or sponsors the production, creation, or distribution of an election communication or electioneering communication", "window": "within 60 days of the initiation of voting in an election at which a candidate for elective office appears on the ballot", "type": "ban_unless_disclosed", "intent_standard": "Sponsor knew or should have known the communication is a deepfake; the deepfake definition itself requires intent to injure the candidate's or party's reputation or otherwise deceive a voter.", "disclosure_text": "This _____ (image/audio/video/multimedia) has been significantly edited by artificial intelligence and depicts speech or conduct that falsely appears to be authentic or truthful", "disclosure_specs": "Printed communication: bold font, at least 12 point. Television or video: clearly readable throughout the communication and at least 4% of the vertical picture height. Public internet communication with text or graphics: viewable without the user taking any action and large enough to be clearly readable. Audio component: at least 8 seconds long, spoken clearly and intelligibly at the beginning or end of the audio.", "exemptions": [ "broadcasters, cable, satellite, streaming services, websites, programmers, or producers airing a deepfake in a bona fide newscast, news interview, documentary, or on-the-spot news coverage, if they acknowledge it may be AI-generated and inaccurate", "broadcasters and platforms paid to air a deepfake, or required by federal law to air candidate ads", "satire or parody", "a distribution platform publishing an ad or a prerecorded phone message, if it shows its disclaimer requirements match the statute and it gave them to the purchaser", "interactive computer services, information services, and telecommunications services for content provided by others" ], "penalty_criminal": "Second sufficiency finding by the Commissioner: referred for misdemeanor prosecution, up to $500 fine and/or 6 months in county jail. Third finding: referred for felony prosecution, up to $5,000 fine and/or 2 years in state prison.", "penalty_civil": "First sufficiency finding: civil penalties under MCA 13-37-128 imposed by the Commissioner of Political Practices or county attorney. In a private suit: actual damages, up to $10,000 punitive damages, costs, and reasonable attorney fees.", "private_right_of_action": "Yes. A candidate, or the political party representing the candidate, aggrieved by a violation may sue for an injunction, actual damages (damages need not be proved to get an injunction), up to $10,000 in punitive damages, costs, and attorney fees. Courts must expedite the case on a showing of present or ongoing harm. Plaintiff must prove the violation by clear and convincing evidence.", "injunctive_relief": true, "litigation": "No court challenge found.", "notes": "The phrase 'working in an official election capacity' in 13-35-802(1)(a) is unusual and its reach is untested; treat the rule as applying to every campaign, PAC, party, and vendor. Expressly contemplates prerecorded phone messages through the platform exemption, so AI voice deepfakes of candidates in calls are covered. Codified text, including the disclosure wording, confirmed on the Montana Code Annotated 2025 (History: En. Secs. 1 to 4, Ch. 541, L. 2025).", "summary": null, "status": "in_effect" } ], "pending": [ { "bill": "None pending", "title": "Montana's legislature meets in odd years only; the next regular session begins January 2027. Public Citizen lists draft LC 1795 (2025) as failed.", "status": "No session in 2026", "url": "https://www.citizen.org/article/tracker-legislation-on-deepfakes-in-elections/" } ], "campaign_checklist": [ "Within 60 days of the 'initiation of voting' (the statute does not define it; the cautious reading counts back from when absentee ballots go out), any AI-altered depiction of a candidate or party in your paid communications must carry the exact statutory disclosure.", "Use the statutory wording: \"This _____ (image/audio/video/multimedia) has been significantly edited by artificial intelligence and depicts speech or conduct that falsely appears to be authentic or truthful\". In audio and robocalls it must run at least 8 seconds at the start or end.", "In video, keep the disclosure on screen the entire time at 4% or more of the picture height; in print use bold 12 point or larger.", "Do not use automated recorded or AI-voice calls to solicit information or gather data or statistics (polling, surveys) unless a live operator first gets the person's permission; that part of Montana's robocall law still stands.", "Satire and parody are exempt, but make the parody obvious." ] }, "ai_calls": { "summary": "Montana's automated telephone solicitation law (MCA 45-8-216) bans automated dialing systems that play recorded messages for listed purposes unless a live operator first gets the called party's permission, with a fine up to $2,500. The listed purpose 'promoting a political campaign or any use related to a political campaign' (subsection (1)(e)) was struck down as unconstitutional by the Ninth Circuit in Victory Processing, LLC v. Fox (2019), so political robocalls are no longer barred by that clause, although it remains in the printed code. The other listed purposes, including soliciting information and gathering data or statistics, were not struck and still apply, which can reach automated polling or survey calls. Separately, SB 25 covers AI deepfakes of candidates in prerecorded phone messages during the 60-day window unless the 8-second audio disclosure is included.", "laws": [ { "bill": "1991 Mont. Laws ch. 230", "citation": "MCA 45-8-216", "title": "Unlawful automated telephone solicitation", "enacted": "1991", "effective": null, "official_url": "https://mca.legmt.gov/bills/mca/title_0450/chapter_0080/part_0020/section_0160/0450-0080-0020-0160.html", "media_covered": "automated telephone systems or devices that select and dial numbers and play recorded messages", "who_is_covered": "any person using such a system to offer or promote goods or services, solicit information, gather data or statistics, or (struck as to political content) promote a political campaign", "window": "anytime", "type": "ban_unless_disclosed", "intent_standard": null, "disclosure_text": null, "disclosure_specs": "Allowed if a live operator obtains the called party's permission before the recorded message is delivered, or for status updates on purchases, responses to inquiries, or calls within a preexisting business relationship.", "exemptions": [ "live operator obtains permission before the recorded message", "informing purchasers about the status of goods or services", "responding to an inquiry initiated by the person", "preexisting business relationship" ], "penalty_criminal": null, "penalty_civil": "Fine of not more than $2,500 per violation (statute says 'subject to a fine').", "private_right_of_action": null, "injunctive_relief": null, "litigation": "Victory Processing, LLC v. Fox, No. 18-35163 (9th Cir. Sept. 10, 2019): subsection (1)(e), restricting automated calls promoting a political campaign, is content-based and fails strict scrutiny; district court reversed. The court noted a content-neutral live-operator rule for all robocalls might be analyzed differently.", "notes": "Subsection (1)(e), political campaign calls, is unenforceable after Victory Processing v. Fox (9th Cir. 2019) but still appears in the 2025 MCA. Polling or survey robocalls may still fall under 'soliciting information' or 'gathering data or statistics'. Federal TCPA rules on artificial or prerecorded voices (including the FCC's 2024 ruling that AI voices are artificial) apply independently.", "summary": null, "status": "in_effect" } ] }, "categories": { "election_admin": [] }, "sources": [ { "title": "MCA Title 13, Chapter 35, Part 8, Deepfake Regulation (Montana Code Annotated 2025)", "url": "https://mca.legmt.gov/bills/mca/title_0130/chapter_0350/part_0080/sections_index.html" }, { "title": "MCA 45-8-216 (Montana Code Annotated 2025)", "url": "https://mca.legmt.gov/bills/mca/title_0450/chapter_0080/part_0020/section_0160/0450-0080-0020-0160.html" }, { "title": "Victory Processing, LLC v. Fox (9th Cir. 2019), GovInfo", "url": "https://www.govinfo.gov/app/details/USCOURTS-ca9-18-35163" }, { "title": "SB 25 (2025) bill page", "url": "https://bills.legmt.gov/#/laws/bill/2/LC0229?open_tab=sum" }, { "title": "Orrick US AI Law Tracker: Montana", "url": "https://ai-law-center.orrick.com/montana/" }, { "title": "Public Citizen election deepfake tracker", "url": "https://www.citizen.org/article/tracker-legislation-on-deepfakes-in-elections/" } ], "unverified": [ "Exact date the governor signed SB 25 (2025 Mont. Laws ch. 541). The Montana bill explorer is script-only and its API could not be queried; secondary sources disagree.", "Effective date of October 1, 2025 comes from the Orrick tracker and Montana's default effective date rule (MCA 1-2-201); not read from the enrolled bill.", "Whether the state has formally stopped enforcing MCA 45-8-216(1)(e) beyond the Ninth Circuit judgment (no repeal found in the 2025 code)." ] }, { "abbr": "NE", "name": "Nebraska", "slug": "nebraska", "last_verified": "2026-10-05", "headline": "Nebraska has no law on AI or deepfakes in political ads (LB 615 was indefinitely postponed in April 2026), but every autodialer playing recorded messages for political calls must be registered with the Public Service Commission, identify the caller at the start, and give a callback number or address.", "election": { "status": "none", "summary": "Nebraska has not enacted any law requiring disclosure of, or banning, AI-generated or deepfake content in political ads. LB 615 (2025), which would have prohibited distributing deepfakes under the Nebraska Political Accountability and Disclosure Act, was indefinitely postponed on April 17, 2026, and LB 1203 (2024) was indefinitely postponed in 2024. Existing campaign finance disclaimer rules, defamation law, and federal rules still apply.", "laws": [], "pending": [ { "bill": "LB 615 (2025 to 2026)", "title": "Prohibit distributing deepfakes under the Nebraska Political Accountability and Disclosure Act (introduced by Sen. J. Cavanaugh, January 22, 2025)", "status": "Indefinitely postponed April 17, 2026 (official bill page)", "url": "https://nebraskalegislature.gov/bills/view_bill.php?DocumentID=59674" }, { "bill": "LB 1203 (2024)", "title": "Election deepfake bill", "status": "Indefinitely postponed April 2024 (Public Citizen)", "url": "https://www.citizen.org/article/tracker-legislation-on-deepfakes-in-elections/" } ], "campaign_checklist": [ "No Nebraska AI disclaimer is required on political ads, but disclosing AI use avoids platform rejections and backlash.", "Before any recorded or AI-voice robocall into Nebraska, register the autodialer with the Public Service Commission with a description of the planned use and the message; if a vendor runs the calls, the campaign is jointly liable and must file the message with the PSC within 24 hours after it is sent.", "State clearly at the start of the message who it is on behalf of, give a callback number (not the dialer's) or address during or after the message, and call only 8 a.m. to 9 p.m. local time. PSC rules add a 25-second identification limit, a 2-minute message cap, and 1 p.m. Sunday and holiday start.", "Follow federal TCPA rules on artificial and prerecorded voices, including the FCC's 2024 ruling that AI voices count as artificial." ] }, "ai_calls": { "summary": "Nebraska's Automatic Dialing-Announcing Devices Act (Neb. Rev. Stat. 86-236 to 86-257) and PSC rules (291 NAC chapter 11) reach political robocalls. Under 86-256, anyone using an autodialer for calls other than telephone solicitations (political calls included) must register the device with the Public Service Commission, describing the planned use and the message; each message must state at the beginning who it is on behalf of, state a callback number (other than the dialer's) or address, and be sent only between 8 a.m. and 9 p.m. A campaign that hires a vendor is jointly and severally liable and must file the message with the PSC within 24 hours after it is transmitted. The PSC can impose administrative fines (86-257). Nothing is AI-specific, but an AI-generated voice played by an autodialer is very likely a 'recorded message' under the Act.", "laws": [ { "bill": null, "citation": "Neb. Rev. Stat. 86-236 to 86-257 (registration and message rules for non-solicitation calls in 86-256); 291 Neb. Admin. Code ch. 11", "title": "Automatic Dialing-Announcing Devices Act and PSC rules", "enacted": null, "effective": null, "official_url": "https://nebraskalegislature.gov/laws/statutes.php?statute=86-256", "media_covered": "devices that select and dial telephone numbers and automatically play a recorded message", "who_is_covered": "all autodialers placing calls into Nebraska, regardless of originating location or message content", "window": "anytime", "type": "disclosure_required", "intent_standard": null, "disclosure_text": null, "disclosure_specs": "Statute (86-256): register the device with the PSC (no fee) with a detailed explanation of the planned use and the message; at the beginning of the message, clearly state the identity of the person on whose behalf it is sent; during or after the message, state a telephone number (not the dialer's) or address of the person operating the device; transmit only 8 a.m. to 9 p.m. at the recipient's location; release the line within 5 seconds of hang-up (86-249). PSC rules and guidance add: caller identified within the first 25 seconds, messages no longer than 2 minutes, Sunday and legal holiday calls only 1 p.m. to 9 p.m.", "exemptions": [ "messages from schools and colleges to their students, parents, or employees", "messages to people with an established business or personal relationship with the caller or sponsor", "employer messages about work schedules", "messages from a political subdivision" ], "penalty_criminal": null, "penalty_civil": "PSC administrative fines under Neb. Rev. Stat. 75-156 (86-257); the PSC fining policy lists a $50 administrative fine plus a $100 processing fee per violation, with additional fines possible.", "private_right_of_action": null, "injunctive_relief": null, "litigation": null, "notes": "Political calls fall under the non-solicitation registration track (86-256). A campaign that contracts with a third party to run the device is jointly and severally liable and must file the message within 24 hours after transmission (86-256(4) and (5)). The 25-second, 2-minute, and Sunday-hours limits come from the PSC page and rules, not the statute.", "summary": null, "status": "in_effect" } ] }, "categories": { "election_admin": [] }, "sources": [ { "title": "Neb. Rev. Stat. 86-256 (Nebraska Legislature)", "url": "https://nebraskalegislature.gov/laws/statutes.php?statute=86-256" }, { "title": "LB 615 (2025 to 2026) bill page", "url": "https://nebraskalegislature.gov/bills/view_bill.php?DocumentID=59674" }, { "title": "Nebraska Public Service Commission: Autodialer Information", "url": "https://psc.nebraska.gov/telecommunications/auto-dialer-information" }, { "title": "Nebraska PSC ADAD Rules (291 NAC ch. 11)", "url": "https://psc.nebraska.gov/sites/psc.nebraska.gov/files/doc/rules_autodial.pdf" }, { "title": "Nebraska PSC Autodialer Fining Policy", "url": "https://psc.nebraska.gov/sites/psc.nebraska.gov/files/doc/Fining%20Policy_0.pdf" }, { "title": "Public Citizen election deepfake tracker", "url": "https://www.citizen.org/article/tracker-legislation-on-deepfakes-in-elections/" } ], "unverified": [ "Full text of 291 NAC chapter 11 (scanned PDF); the 25-second, 2-minute, and Sunday-hours rules are from the PSC website.", "Whether any other 2026 Nebraska bill touched AI in elections." ] }, { "abbr": "NV", "name": "Nevada", "slug": "nevada", "last_verified": "2026-10-05", "headline": "Since January 1, 2026, any Nevada political communication that includes AI-manipulated images, video, or audio of a real person must carry the disclosure \"This (image/video/audio) has been manipulated.\", and Nevada robocalls with recorded messages must open with a natural voice explaining the call and who is calling.", "election": { "status": "disclosure", "summary": "AB 73 (2025), codified at NRS 294A.3493 and effective January 1, 2026, requires any communication made or paid for by a person, organization, candidate, campaign committee, PAC, or party committee that supports or opposes a candidate or party, provides information on political or social issues with intent to influence an election, or solicits contributions, and that includes synthetic media, to disclose clearly and conspicuously that it has been manipulated. Video must show the disclosure for the entire video; audio-only must speak it at the beginning, at the end, and every 2 minutes if longer than 2 minutes. A depicted candidate can sue in district court for an injunction or other equitable relief. There is no pre-election window and no penalty in the section itself, although chapter 294A's general civil penalty (NRS 294A.420, up to $10,000 per violation, enforced by the Secretary of State) may apply.", "laws": [ { "bill": "AB 73 (2025), Statutes of Nevada 2025, chapter 224", "citation": "NRS 294A.3493", "title": "Disclosure of synthetic media in political communications", "enacted": "2025-06-03", "effective": "2026-01-01", "official_url": "https://www.leg.state.nv.us/NRS/NRS-294A.html#NRS294ASec3493", "media_covered": "synthetic media: an image, audio recording, or video of a person's appearance, speech, or conduct intentionally manipulated with generative adversarial network techniques, AI, or generative AI to create a realistic but false depiction that a reasonable person would take as real or that gives a fundamentally different impression than the original", "who_is_covered": "any person, organization, candidate, personal campaign committee, committee for political action, or political party committee that makes or pays for a covered communication (supporting or opposing a candidate or party, providing information on political or social issues with intent to influence an election, or soliciting contributions)", "window": "anytime", "type": "disclosure_required", "intent_standard": "None stated for the disclosure duty.", "disclosure_text": "This (image/video/audio) has been manipulated.", "disclosure_specs": "Clear and conspicuous on the communication. Video: the disclosure must appear for the entire duration. Audio only: read in a clearly spoken manner, at a pitch the average listener can easily hear, in the same language as the rest of the audio, at the beginning, at the end, and if longer than 2 minutes at intervals of not more than 2 minutes.", "exemptions": [ "no liability for streaming services, interactive computer service providers, cloud service providers, or internet service providers", "no liability for radio or TV broadcast stations, telecommunications networks, or cable or satellite operators", "no liability for programmers or producers of radio or TV content", "no liability for a person who publishes synthetic media as entertainment that is satire or parody" ], "penalty_criminal": null, "penalty_civil": "None in NRS 294A.3493 itself. NRS 294A.420(2) makes anyone who violates an applicable provision of chapter 294A subject to a civil penalty of up to $10,000 per violation plus costs and fees in an action by the Secretary of State; whether the Secretary applies it to 294A.3493 is untested.", "private_right_of_action": "A candidate depicted in a communication that lacks the disclosure may seek an injunction or other equitable relief in district court against whoever made or paid for it.", "injunctive_relief": true, "litigation": "No court challenge found.", "notes": "Text confirmed from the enrolled bill (AB73_EN) and the current NRS 294A. Approved by the Governor June 3, 2025 (chapter 224). Expressly covers audio, so AI-voiced political robocalls depicting real people need the spoken disclosure. Earlier reports of a $50,000 penalty and a Secretary of State filing repository describe sections deleted by amendment (secs. 3 to 5) and are not law.", "summary": null, "status": "in_effect" } ], "pending": [ { "bill": "None pending", "title": "Nevada's legislature meets in odd years; the next regular session begins February 2027. AB 271 (2025), another election AI bill, failed in April 2025 per Public Citizen.", "status": "No regular session in 2026", "url": "https://www.citizen.org/article/tracker-legislation-on-deepfakes-in-elections/" } ], "campaign_checklist": [ "Label any AI-manipulated image, video, or audio of a real person in a Nevada political communication with \"This (image/video/audio) has been manipulated.\" filling in the media type.", "Video: keep the label on screen for the entire video. Audio and robocalls: speak it at the start, at the end, and every 2 minutes if longer, in the same language as the message.", "Expect a depicted candidate to seek a fast court order to pull undisclosed content.", "For any recorded or AI-voice robocall, start with a natural voice (recorded or live) that explains the nature of the call, says an automated message will play, and gives the organization's name, address, and phone number. Call only between 9 a.m. and 8 p.m. Nevada time.", "Satire or parody published as entertainment is shielded, but label anything a reasonable person could take as real." ] }, "ai_calls": { "summary": "Nevada's automatic dialing and announcing device law (NRS 597.814) is not limited to sales calls: before a prerecorded message is played, a recorded or unrecorded natural voice must tell the person the nature of the call (including that an automatic dialing and announcing device will deliver the message if they stay on the line) and give the name, address, and phone number of the business or organization being represented. Calls may not be placed between 8 p.m. and 9 a.m., and the device may not call back after the person hangs up. Violations are crimes (misdemeanor, then gross misdemeanor, then felony). Calls made exclusively for a nonprofit organization are exempt. Whether an AI-synthesized voice counts as a 'natural voice' for the opening is untested; the safe course is a human-recorded or live intro. AI-manipulated depictions of real people in political robocalls also need the NRS 294A.3493 spoken disclosure.", "laws": [ { "bill": null, "citation": "NRS 597.814", "title": "Use of automatic dialing and announcing devices", "enacted": null, "effective": null, "official_url": "https://www.leg.state.nv.us/NRS/NRS-597.html#NRS597Sec814", "media_covered": "devices for automatic dialing and announcing that play prerecorded messages", "who_is_covered": "any person using such a device to call Nevada numbers (not limited to commercial calls on its face)", "window": "anytime", "type": "disclosure_required", "intent_standard": null, "disclosure_text": null, "disclosure_specs": "Before the message, a recorded or unrecorded natural voice must (a) inform the person of the nature of the call, including that an automatic dialing and announcing device will be used to disseminate the message if they remain on the line, and (b) provide the name, address, and telephone number of the business or organization, if any, the caller represents. No calls to Nevada phones between 8 p.m. and 9 a.m. No call-backs or second calls after the recipient terminated the call.", "exemptions": [ "calls to a person with whom the caller or an affiliated person has a preexisting business relationship", "calls made exclusively on behalf of a school or school district, a nonprofit organization, a video service provider, or a public utility for listed purposes (NRS 597.816)" ], "penalty_criminal": "NRS 597.818: first offense misdemeanor; second offense gross misdemeanor; third and later offenses category E felony.", "penalty_civil": null, "private_right_of_action": null, "injunctive_relief": null, "litigation": null, "notes": "Text confirmed on the official NRS chapter 597. Not limited to commercial calls on its face. NRS 597.816 exempts calls made exclusively on behalf of a nonprofit organization, which may cover some advocacy groups but not candidate committees as such. Federal TCPA rules on artificial or prerecorded voices (including the FCC's 2024 AI voice ruling) apply independently.", "summary": null, "status": "in_effect" } ] }, "categories": { "election_admin": [] }, "sources": [ { "title": "NRS 294A.3493 (Nevada Legislature)", "url": "https://www.leg.state.nv.us/NRS/NRS-294A.html#NRS294ASec3493" }, { "title": "AB 73 (2025) as enrolled", "url": "https://www.leg.state.nv.us/Session/83rd2025/Bills/AB/AB73_EN.pdf" }, { "title": "AB 73 (2025) NELIS overview and history", "url": "https://www.leg.state.nv.us/App/NELIS/REL/83rd2025/Bill/11888/Overview" }, { "title": "NRS 597.814 to 597.818 (Nevada Legislature)", "url": "https://www.leg.state.nv.us/NRS/NRS-597.html#NRS597Sec814" }, { "title": "Public Citizen election deepfake tracker", "url": "https://www.citizen.org/article/tracker-legislation-on-deepfakes-in-elections/" } ], "unverified": [ "Whether the Secretary of State treats NRS 294A.3493 as subject to the NRS 294A.420 civil penalty; no enforcement found.", "Whether Nevada enforces NRS 597.814 against political robocalls." ] }, { "abbr": "NH", "name": "New Hampshire", "slug": "new-hampshire", "last_verified": "2026-10-05", "headline": "Within 90 days of any election with a candidate on the ballot, New Hampshire bars distributing an AI deepfake of a candidate, election official or party unless it carries the statutory AI disclosure (spoken at the start, end and every two minutes in audio), and every prerecorded political call must name the candidate or group and the payer within the first 30 seconds.", "election": { "status": "disclosure", "summary": "RSA 664:14-c (HB 1596, 2024) prohibits any person, corporation, committee or other entity from distributing, within 90 days of an election at which a candidate will appear on the ballot, an AI or generative AI message it knows or should have known is a deepfake of a candidate, election official, or party on the state or local ballot, unless the media carries the statutory disclosure. Enforcement in the section is civil: the depicted candidate or election official can get an injunction and sue the sponsor for damages and attorney fees. Separately, the general deepfake crime in RSA 638:26-a (a class B felony) can reach a deepfake made to damage a candidate's reputation at any time.", "laws": [ { "bill": "HB 1596 (2024)", "citation": "N.H. RSA 664:14-c", "title": "Synthetic Media and Deceptive and Fraudulent Deepfakes (disclosure of deceptive AI use in political advertising)", "enacted": "2024-08-02", "effective": "2024-08-01", "official_url": "https://gc.nh.gov/rsa/html/LXIII/664/664-14-c.htm", "media_covered": "images, audio and video (synthetic media and deepfakes created with AI or generative AI)", "who_is_covered": "any person, corporation, committee, or other entity that distributes the message", "window": "within 90 days of an election at which a candidate for elective office will appear on the ballot", "type": "ban_unless_disclosed", "intent_standard": "knows or should have known the message is a deepfake of a candidate, election official, or party on the state or local ballot", "disclosure_text": "This __________ has been manipulated or generated by artificial intelligence technology and depicts speech or conduct that did not occur.", "disclosure_specs": "Fill the blank with whichever of Image, Video, or Audio most accurately describes the media. Visual media: easily readable by the average viewer and no smaller than the largest font size of other text in the media; video: for the duration of the video. Audio only: clearly spoken at an easily heard pitch at the beginning and end, and if longer than 2 minutes, at intervals of not more than 2 minutes.", "exemptions": [ "interactive computer service providers (47 U.S.C. 230) for content provided by another party", "an individual who did not know and had no reasonable way of knowing the material was a deepfake", "news organizations and platforms publishing the deepfake as the subject of a bona fide news report that clearly acknowledges questions about its authenticity", "broadcasters, publishers, websites, and platforms paid to carry an election communication, if they do not remove or modify the creator's disclaimer", "satire or parody", "impersonation by a human performer without reliance on artificial intelligence" ], "penalty_criminal": null, "penalty_civil": "Civil only within the section: general or special damages in an action by the depicted candidate or election official against the sponsor; the court may award the prevailing party reasonable attorney fees and costs.", "private_right_of_action": "A candidate or election official whose appearance, action, or speech is depicted may seek injunctive or other equitable relief and sue the sponsor for damages.", "injunctive_relief": true, "litigation": null, "notes": "Enforcement written into the section is civil only (injunction and damages suit by the depicted candidate or election official). RSA 664:21, IV contains a catch-all making any other violation of chapter 664 a misdemeanor (natural person) or felony (other person); no prosecution applying it to 664:14-c was found. Official source note: 2024, 345:1, eff. Aug. 1, 2024; HB 1596 signed by the Governor August 2, 2024. Passed after the January 2024 fake Biden robocall. Audio coverage means an AI voice call or voicemail depicting a candidate within the 90 day window needs the spoken disclosure.", "summary": null, "status": "in_effect" } ], "pending": [ { "bill": "HB 630 (2025)", "title": "Election deepfake bill (per Public Citizen tracker)", "status": "Failed June 2025", "url": "https://www.citizen.org/article/tracker-legislation-on-deepfakes-in-elections/" }, { "bill": "HB 1500 (2024)", "title": "Unlawful distribution of misleading synthetic media", "status": "Sent to interim study in 2024; not enacted", "url": "https://www.citizen.org/article/tracker-legislation-on-deepfakes-in-elections/" } ], "campaign_checklist": [ "Inside 90 days of any election with candidates on the ballot, never distribute AI imagery, video or audio that makes a candidate, election official or party appear to say or do something they did not, unless the full statutory disclosure is attached.", "Use the exact wording, filling the blank with Image, Video, or Audio: \"This __________ has been manipulated or generated by artificial intelligence technology and depicts speech or conduct that did not occur.\" Keep it on screen for the whole video and speak it at the start, end and every two minutes of audio.", "Expect fast injunction suits from the depicted candidate; the statute lets them sue the sponsor for damages and fees.", "A deepfake made to embarrass or damage a rival is a class B felony under RSA 638:26-a at any time of year, disclosure or not.", "Every prerecorded political call (including AI voice) must name the candidate, measure, or organization and the payer (and treasurer, if applicable) within the first 30 seconds, may not go to numbers on a federal do not call list, and may not misrepresent its origin or spoof caller ID." ] }, "ai_calls": { "summary": "New Hampshire is ground zero for AI voice calls in politics. In January 2024 about 9,600 robocalls using an AI clone of President Biden's voice told Democrats to skip the primary. Consultant Steve Kramer was charged with 11 felony voter suppression counts and 11 counts of impersonating a candidate and was acquitted on all of them by a Belknap County jury on June 13, 2025; the FCC fined him $6 million (September 2024), carrier Lingo Telecom paid $1 million in an August 2024 FCC settlement, and a federal court entered a default judgment and permanent injunction against Kramer in League of Women Voters of New Hampshire v. Kramer on November 20, 2025. Today the rules that hit AI voice calls are: RSA 664:14-a (prerecorded political messages must identify the candidate or group and payer within 30 seconds, no calls to federal do not call numbers, $5,000 civil penalty per violation plus a private damages action), RSA 664:14-b (no knowingly misrepresenting the origin of a campaign call or spoofing caller ID, $5,000 per violation plus a private damages action), and RSA 664:14-c (an AI voice depicting a candidate inside 90 days needs the spoken AI disclosure). New Hampshire also restricts anonymous push polling.", "laws": [ { "bill": "2003 N.H. Laws 258:1; amended 2024, 365:13 (eff. Jan. 1, 2025)", "citation": "N.H. RSA 664:14-a", "title": "Prerecorded political messages", "enacted": null, "effective": null, "official_url": "https://gc.nh.gov/rsa/html/LXIII/664/664-14-a.htm", "media_covered": "prerecorded audio messages delivered by telephone (covers AI generated voice messages)", "who_is_covered": "candidates, political committees, and any other person delivering a prerecorded audio message that expressly advocates (or is the functional equivalent) for or against a party, candidate, measure, or person, or contains information about any candidate, measure, or party", "window": "anytime", "type": "disclosure_required", "intent_standard": null, "disclosure_text": null, "disclosure_specs": "Within the first 30 seconds the message (or a live operator) must state the name of the candidate, measure, or organization the call is on behalf of, and the name of the person or organization paying for delivery and the treasurer, if applicable. No prerecorded political messages to numbers on any federal do not call list.", "exemptions": [], "penalty_criminal": null, "penalty_civil": "$5,000 civil penalty per violation", "private_right_of_action": "Yes. Anyone injured may sue for actual damages or $1,000, whichever is greater (2 to 3 times that for willful or knowing violations), plus costs, attorney fees, and an injunction without bond.", "injunctive_relief": true, "litigation": null, "notes": "Enforced by the Attorney General's Election Law Unit, which has a history of robocall and push poll enforcement.", "summary": null, "status": "in_effect" }, { "bill": "2009 N.H. Laws 320:2 (eff. Jan. 1, 2010)", "citation": "N.H. RSA 664:14-b", "title": "Misrepresenting origin of campaign call", "enacted": null, "effective": null, "official_url": "https://gc.nh.gov/rsa/html/LXIII/664/664-14-b.htm", "media_covered": "telephone calls", "who_is_covered": "any person", "window": "anytime", "type": "ban", "intent_standard": "knowingly misrepresents the origin of a telephone call that expressly or implicitly advocates the success or defeat of a party, measure or person, or contains information about a candidate or party; includes spoofing caller ID unless the displayed number can directly receive a return call from the sponsor", "disclosure_text": null, "disclosure_specs": null, "exemptions": [], "penalty_criminal": null, "penalty_civil": "$5,000 civil penalty per violation", "private_right_of_action": "Yes. Anyone injured may sue for actual damages or $1,000, whichever is greater (2 to 3 times that for willful or knowing violations), plus costs, attorney fees, and an injunction without bond.", "injunctive_relief": true, "litigation": null, "notes": "Relevant to spoofed caller ID and to AI calls that pretend to come from a different campaign or group.", "summary": null, "status": "in_effect" }, { "bill": "HB 1596 (2024)", "citation": "N.H. RSA 664:14-c", "title": "AI deepfake disclosure applied to audio and calls", "enacted": "2024-08-02", "effective": "2024-08-01", "official_url": "https://gc.nh.gov/rsa/html/LXIII/664/664-14-c.htm", "media_covered": "audio, including AI voice clones in calls and voicemails", "who_is_covered": "any person, corporation, committee, or other entity", "window": "within 90 days of an election with a candidate on the ballot", "type": "ban_unless_disclosed", "intent_standard": "knows or should have known it is a deepfake of a candidate, election official, or party", "disclosure_text": "This __________ has been manipulated or generated by artificial intelligence technology and depicts speech or conduct that did not occur.", "disclosure_specs": "For audio, fill the blank with Audio. Clearly spoken at the beginning and end; repeated at intervals of not more than two minutes if longer than two minutes.", "exemptions": [ "satire or parody", "bona fide news reports", "paid carriers that keep the creator's disclosure" ], "penalty_criminal": null, "penalty_civil": "Civil only within the section: damages, attorney fees, and costs in a suit by the depicted candidate or election official", "private_right_of_action": "Depicted candidate or election official", "injunctive_relief": true, "litigation": null, "notes": "An AI agent speaking in its own synthetic voice that does not depict a candidate, official or party is not a deepfake under this section; it still must meet RSA 664:14-a identification rules and federal TCPA rules for artificial voices.", "summary": null, "status": "in_effect" } ] }, "categories": { "election_admin": [ { "bill": "HB 1432 (2024)", "citation": "N.H. RSA 638:26-a (crime); RSA 507:8-j (civil action)", "title": "Fraudulent use of deepfakes (general law that reaches candidates)", "enacted": "2024-07-19", "effective": "2025-01-01", "official_url": "https://gc.nh.gov/rsa/html/LXII/638/638-26-a.htm", "summary": "A general deepfake crime, not an election ad rule. Knowingly creating, distributing, or presenting a deepfake of an identifiable person to embarrass, harass, entrap, defame, extort, or cause financial or reputational harm is a class B felony at any time of year, with no disclaimer safe harbor, so a deepfake made to damage a candidate's reputation is covered. Satire, parody, bona fide news reports, and paid carriers that keep the creator's disclaimer on an election communication are exempt.", "status": "in_effect", "notes": "Official source note: 2024, 243:1, eff. Jan. 1, 2025. A separate class B felony applies if the deepfake leads to the depicted person's arrest." }, { "bill": "Criminal case: State v. Kramer (2024 to 2025)", "citation": "N.H. RSA 659:40 (voter suppression) and RSA 666:7-a (impersonation of a candidate), as charged", "title": "Biden AI robocall prosecution", "enacted": null, "effective": null, "official_url": "https://www.nhpr.org/nh-news/2025-06-13/political-operative-fake-biden-robocalls-nh-primary-found-not-guilty", "summary": "The Attorney General charged Steve Kramer under existing voter suppression and candidate impersonation laws for the AI Biden robocalls. A jury acquitted him on all 22 counts tried on June 13, 2025, after the defense argued the unsanctioned Democratic primary was not covered. Existing voter suppression law still applies to AI calls that lie about how or when to vote.", "status": "in_effect", "notes": "Statute numbers are from the charging announcements as reported; the verdict and count numbers are from NHPR." }, { "bill": "Federal civil case: League of Women Voters of New Hampshire v. Kramer (D.N.H.)", "citation": "Voting Rights Act section 11(b) and state law claims", "title": "Civil suit over AI voter intimidation robocalls", "enacted": null, "effective": null, "official_url": "https://www.lwv.org/legal-center/league-women-voters-new-hampshire-v-kramer", "summary": "Voters and the League sued Kramer, Lingo Telecom and Life Corporation. Consent judgments resolved the claims against the corporate defendants in 2025, and on November 20, 2025 the court entered a default judgment against Kramer awarding damages and permanently barring him from deceptive or coercive robocall schemes against voters.", "status": "in_effect", "notes": "Shows that AI calls designed to discourage voting can trigger federal Voting Rights Act liability even when a state criminal case fails." }, { "bill": "FCC enforcement (2024)", "citation": "FCC forfeiture order against Steve Kramer; FCC consent decree with Lingo Telecom", "title": "Federal penalties for the New Hampshire AI robocall", "enacted": "2024-08-21", "effective": null, "official_url": "https://www.fcc.gov/", "summary": "Lingo Telecom agreed to pay $1 million and adopt know-your-customer and STIR/SHAKEN compliance measures (announced August 21, 2024). The FCC imposed a $6 million forfeiture on Kramer in September 2024 for spoofed caller ID; Kramer has said he will not pay.", "status": "in_effect", "notes": "Federal layer; detailed in federal.json." } ] }, "sources": [ { "title": "N.H. RSA 664:14-c, Synthetic Media and Deceptive and Fraudulent Deepfakes", "url": "https://gc.nh.gov/rsa/html/LXIII/664/664-14-c.htm" }, { "title": "N.H. RSA 664:14-b, Misrepresenting Origin of Campaign Call", "url": "https://gc.nh.gov/rsa/html/LXIII/664/664-14-b.htm" }, { "title": "N.H. RSA 664:21, Penalty", "url": "https://gc.nh.gov/rsa/html/LXIII/664/664-21.htm" }, { "title": "N.H. RSA 638:26-a, Fraudulent Use of Deepfakes", "url": "https://gc.nh.gov/rsa/html/LXII/638/638-26-a.htm" }, { "title": "HB 1596 (2024) enacted Senate amendment 2024-1823s, NH Liberty Alliance bill text", "url": "https://bills.nhliberty.org/bills/2024/HB1596/amendment/2024-1823s" }, { "title": "HB 1596 (2024) bill review, chapter 345", "url": "https://bills.nhliberty.org/bills/2024/HB1596" }, { "title": "N.H. RSA 664:14-a, Prerecorded Political Messages", "url": "https://gc.nh.gov/rsa/html/LXIII/664/664-14-a.htm" }, { "title": "NH DOJ: Prerecorded Political Messages in Violation of RSA 664:14-a", "url": "https://www.doj.nh.gov/news-and-media/prerecorded-political-messages-violation-rsa-66414" }, { "title": "Wiley: State Regulation of Political Robocalls, New Hampshire", "url": "https://www.wiley.law/newsletter-3973" }, { "title": "Orrick US AI Law Tracker: New Hampshire", "url": "https://ai-law-center.orrick.com/new-hampshire/" }, { "title": "NHPR: Political operative who admitted to creating fake Biden robocalls found not guilty (2025-06-13)", "url": "https://www.nhpr.org/nh-news/2025-06-13/political-operative-fake-biden-robocalls-nh-primary-found-not-guilty" }, { "title": "League of Women Voters: LWVNH v. Kramer", "url": "https://www.lwv.org/legal-center/league-women-voters-new-hampshire-v-kramer" }, { "title": "NBC News: Lingo Telecom agrees to $1 million fine over Biden deepfake", "url": "https://www.nbcnews.com/politics/2024-election/telecom-company-agrees-1-million-fine-biden-deepfake-rcna167564" }, { "title": "Public Citizen: Tracker of State Legislation on Deepfakes in Elections (updated 2026-09-29)", "url": "https://www.citizen.org/article/tracker-legislation-on-deepfakes-in-elections/" } ], "unverified": [ "Whether the RSA 664:21, IV catch-all (misdemeanor or felony for other violations of chapter 664) can be applied to RSA 664:14-c; no case found.", "Exact statutes charged against Kramer (RSA 659:40 and RSA 666:7-a) are from contemporaneous reporting, not court records reviewed here.", "Subject of HB 630 (2025) beyond its listing as an election deepfake bill on the Public Citizen tracker." ] }, { "abbr": "NJ", "name": "New Jersey", "slug": "new-jersey", "last_verified": "2026-10-05", "headline": "New Jersey has no election-specific AI ad disclosure or deepfake ban, but its 2025 deepfake crime law makes it a third degree crime to create or use realistic deceptive audio or video (including voice clones) to further another offense, expressly including threats or improper influence in official and political matters.", "election": { "status": "none", "summary": "New Jersey has not enacted a law requiring disclaimers on AI political ads or banning election deepfakes. The 2024 to 2025 session bills died in January 2026 (A 2818/S 2543 passed the Assembly in June 2024 but never cleared the Senate), and the 2026 to 2027 session bills (A 4163, S 2129/A 3585, A 3600, A 4741/S 3702) were introduced but have not advanced. The general deepfake crime law signed April 2, 2025 (P.L. 2025, c. 40, N.J.S.A. 2C:21-17.7 and 17.8) can reach an AI deepfake or cloned voice used to commit another offense, including improper influence in political matters; it is not an election ad rule and has no disclosure safe harbor (see election_admin).", "laws": [], "pending": [ { "bill": "A 4741 / S 3702 (2026)", "title": "Restricts use of certain artificial intelligence generated communications in election campaigns", "status": "Introduced March 2026; in committee", "url": "https://www.njleg.state.nj.us/bill-search/2026/A4741" }, { "bill": "A 4163 (2026)", "title": "Provides civil penalties for campaign advertisements containing deepfake misrepresentations", "status": "Introduced February 2026; in committee", "url": "https://www.njleg.state.nj.us/bill-search/2026/A4163" }, { "bill": "S 2129 / A 3585 (2026)", "title": "Prohibits and imposes criminal penalty on disclosure of certain intentionally deceptive audio or visual media (election related)", "status": "Introduced January 13, 2026; in committee", "url": "https://www.njleg.state.nj.us/bill-search/2026/S2129" }, { "bill": "A 3600 (2026)", "title": "Election deepfake bill (listed on the Public Citizen tracker)", "status": "Introduced January 2026; in committee", "url": "https://www.njleg.state.nj.us/bill-search/2026/A3600" }, { "bill": "A 2818 / S 2543 (2024 to 2025)", "title": "Election deceptive media bill", "status": "Passed Assembly June 2024; died January 2026 at end of session", "url": "https://www.njleg.state.nj.us/bill-search/2024/A2818" }, { "bill": "A 3838 (2024 to 2025)", "title": "Election deepfake bill", "status": "Died January 2026", "url": "https://www.njleg.state.nj.us/bill-search/2024/A3838" } ], "campaign_checklist": [ "No New Jersey statute requires an AI label on political ads today, but platform, broadcaster and federal rules may.", "Never use a deepfake or cloned voice of a real person to further any offense (threats or improper influence in political matters, harassment, fraud): under N.J.S.A. 2C:21-17.8 that is a third degree crime with fines up to $30,000, and victims can sue for at least $1,000 per violation.", "Track A 4741/S 3702 and A 4163, which would add election-specific AI rules in the 2026 to 2027 session.", "Standard New Jersey paid-for-by identification rules for political communications still apply to AI made content." ] }, "ai_calls": { "summary": "New Jersey has no statute specific to AI voices in political calls. The 2025 deepfake crime law (P.L. 2025, c. 40, listed under election_admin) covers sound recordings and voice clones used to further an offense, including threats or improper influence in political matters (N.J.S.A. 2C:27-3), so an AI voice call impersonating a real person for that purpose could be prosecuted. Federal TCPA rules, under which AI generated voices count as artificial voices, govern AI calls into New Jersey. New Jersey's political call identification rules were not reviewed for this entry.", "laws": [] }, "categories": { "election_admin": [ { "bill": "A 3540 (2024 to 2025), P.L. 2025, c. 40", "citation": "N.J.S.A. 2C:21-17.7 and 2C:21-17.8", "title": "Deceptive audio or visual media (deepfakes) used to further crimes, including improper influence in political matters", "enacted": "2025-04-02", "effective": "2025-04-02", "official_url": "https://pub.njleg.gov/Bills/2024/PL25/40_.HTM", "summary": "General law, not an election ad rule. Creating, soliciting, disclosing, or using realistic deceptive audio or visual media (including voice clones) to attempt or further any crime is a third degree crime with fines up to $30,000; the listed predicates expressly include threats or improper influence in official and political matters (N.J.S.A. 2C:27-3) and harassment, so it reaches deepfakes or AI calls aimed at officials, candidates, or voters for those purposes. Knowingly or recklessly disclosing unlawfully created media is a fourth degree crime, and victims can sue for actual damages of at least $1,000 per knowing or reckless violation, punitive damages, and fees.", "status": "in_effect", "notes": "Exempts content a reasonable person would understand as criticism, comment, satire, parody, or news reporting, or would not believe authentic; also exempts platforms, AI providers, and ad channels whose role is limited to selling time or space. The legislative findings name false and misattributed political advertising as a harm. Text confirmed from the official chaptered law (effective immediately, approved April 2, 2025)." } ] }, "sources": [ { "title": "Public Citizen: Tracker of State Legislation on Deepfakes in Elections (updated 2026-09-29)", "url": "https://www.citizen.org/article/tracker-legislation-on-deepfakes-in-elections/" }, { "title": "LegiScan: NJ A4741 (2026)", "url": "https://legiscan.com/NJ/bill/A4741/2026" }, { "title": "LegiScan: NJ A4163 (2026)", "url": "https://legiscan.com/NJ/bill/A4163/2026" }, { "title": "LegiScan: NJ S2129 (2026)", "url": "https://legiscan.com/NJ/bill/S2129/2026" }, { "title": "NJ Legislature: P.L. 2025, c. 40 (A3540)", "url": "https://pub.njleg.gov/Bills/2024/PL25/40_.HTM" } ], "unverified": [ "The New Jersey Legislature bill search pages were not reachable; pending bill titles came from LegiScan search listings and statuses from the Public Citizen tracker.", "Title and content of A 3600 (2026).", "New Jersey rules on identification or disclaimers in political phone calls were not reviewed." ] }, { "abbr": "NM", "name": "New Mexico", "slug": "new-mexico", "last_verified": "2026-10-05", "headline": "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.", "election": { "status": "disclosure", "summary": "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.", "laws": [ { "bill": "HB 182 (2024), Laws 2024, chapter 57", "citation": "NMSA 1978, 1-19-26.4(D) to (G)", "title": "Disclaimers in advertisements; artificial intelligence; materially deceptive media", "enacted": "2024-03-05", "effective": "2024-05-15", "official_url": "https://www.nmlegis.gov/Sessions/24%20Regular/final/HB0182.pdf", "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_is_covered": "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", "window": "anytime", "type": "disclosure_required", "intent_standard": null, "disclosure_text": "This ____ has been manipulated or generated by artificial intelligence", "disclosure_specs": "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)" ], "penalty_criminal": null, "penalty_civil": "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.", "private_right_of_action": null, "injunctive_relief": null, "litigation": "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.", "summary": null, "status": "in_effect" }, { "bill": "HB 182 (2024), Laws 2024, chapter 57", "citation": "NMSA 1978, 1-19-26.8", "title": "Prohibited distribution of materially deceptive media; crime; exceptions; enforcement", "enacted": "2024-03-05", "effective": "2024-05-15", "official_url": "https://www.nmlegis.gov/Sessions/24%20Regular/final/HB0182.pdf", "media_covered": "AI produced images, audio and video falsely depicting a person's speech or conduct", "who_is_covered": "any person who distributes or enters an agreement with another person to distribute", "window": "within 90 days before an election", "type": "ban_unless_disclosed", "intent_standard": "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", "disclosure_text": "This ____ has been manipulated or generated by artificial intelligence", "disclosure_specs": "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)" ], "penalty_criminal": "Willful and knowing violation: misdemeanor on first conviction; fourth degree felony on a second conviction", "penalty_civil": null, "private_right_of_action": "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.", "injunctive_relief": true, "litigation": null, "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.", "summary": null, "status": "in_effect" } ], "pending": [ { "bill": "HB 28 (2026)", "title": "AI Transparency Act (general AI transparency, not election specific)", "status": "Did not advance in the 2026 session (per secondary source)", "url": "https://www.recordinglaw.com/us-laws/ai-laws/new-mexico-ai-laws/" }, { "bill": "HB 141 (2026)", "title": "Artificial Intelligence Accountability Act (digital watermarking)", "status": "Did not advance in the 2026 session (per secondary source)", "url": "https://www.recordinglaw.com/us-laws/ai-laws/new-mexico-ai-laws/" } ], "campaign_checklist": [ "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_calls": { "summary": "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.", "laws": [ { "bill": null, "citation": "NMSA 1978, 1-19-26.3", "title": "Campaign committee and political committee expenditures; disclosure; telephone calls; records", "enacted": null, "effective": null, "official_url": "https://codes.findlaw.com/nm/chapter-1-elections/nm-st-sect-1-19-26-3/", "media_covered": "telephone calls paid with campaign or political committee funds, including recorded messages", "who_is_covered": "campaign committees and political committees", "window": "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", "type": "disclosure_required", "intent_standard": null, "disclosure_text": null, "disclosure_specs": "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.", "exemptions": [], "penalty_criminal": null, "penalty_civil": null, "private_right_of_action": null, "injunctive_relief": null, "litigation": null, "notes": "AI voice agent programs should archive the script and generated audio for 90 days after the election. Text read from a FindLaw copy.", "summary": null, "status": "in_effect" }, { "bill": "HB 182 (2024)", "citation": "NMSA 1978, 1-19-26.4(D) and 1-19-26.8", "title": "AI disclaimer and 90 day deepfake crime applied to audio", "enacted": "2024-03-05", "effective": "2024-05-15", "official_url": "https://www.nmlegis.gov/Sessions/24%20Regular/final/HB0182.pdf", "media_covered": "audio depicting a real person's speech that they did not make, produced with AI", "who_is_covered": "anyone who creates, produces or purchases an advertisement, which by definition includes recorded phone messages (disclaimer); any distributor (90 day crime)", "window": "disclaimer anytime for covered ads; crime within 90 days before an election", "type": "ban_unless_disclosed", "intent_standard": "for the crime: knowing falsity and intent to mislead voters to change votes", "disclosure_text": "This ____ has been manipulated or generated by artificial intelligence", "disclosure_specs": "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)" ], "penalty_criminal": "Misdemeanor; fourth degree felony on a second conviction", "penalty_civil": null, "private_right_of_action": "AG, district attorneys, the depicted person, affected candidates, voter organizations", "injunctive_relief": true, "litigation": null, "notes": "The Campaign Reporting Act definition of advertisement expressly includes recorded phone messages.", "summary": null, "status": "in_effect" } ] }, "categories": { "election_admin": [] }, "sources": [ { "title": "New Mexico Legislature: HB 182 (2024)", "url": "https://www.nmlegis.gov/Legislation/Legislation?chamber=H&legType=B&legNo=182&year=24" }, { "title": "HB 182 (2024) enrolled text", "url": "https://www.nmlegis.gov/Sessions/24%20Regular/final/HB0182.pdf" }, { "title": "New Mexico State Ethics Commission Resolution No. 2026-12 (August 21, 2026)", "url": "https://www.sec.nm.gov/wp-content/uploads/2026/08/Resolution-No.-2026-12-Disavowal-as-to-1-19-26.4.pdf" }, { "title": "Recording Law: New Mexico AI Laws and Regulation (2026)", "url": "https://www.recordinglaw.com/us-laws/ai-laws/new-mexico-ai-laws/" }, { "title": "NMSA 1-19-26.3 (FindLaw copy)", "url": "https://codes.findlaw.com/nm/chapter-1-elections/nm-st-sect-1-19-26-3/" }, { "title": "NMSA 57-12-22 (FindLaw copy)", "url": "https://codes.findlaw.com/nm/chapter-57-trade-practices-and-regulations/nm-st-sect-57-12-22/" }, { "title": "Public Citizen: Tracker of State Legislation on Deepfakes in Elections", "url": "https://www.citizen.org/article/tracker-legislation-on-deepfakes-in-elections/" } ], "unverified": [ "Full text of Attorney General Opinion 2025-09 was not reviewed; its holding is taken from the State Ethics Commission resolution.", "Effective date of May 15, 2024 is computed from the constitutional 90 day rule (2024 session adjourned February 15, 2024), not read from an official effective date notice.", "Amounts of the Campaign Reporting Act civil penalties under NMSA 1-19-34.6 were not reviewed.", "Whether any 2025 or 2026 bill to amend the election deepfake provisions was filed; none appears on the Public Citizen tracker." ] }, { "abbr": "NY", "name": "New York", "slug": "new-york", "last_verified": "2026-10-05", "headline": "Any New York political communication, including radio and automated phone calls, that uses realistic AI or digitally manipulated media must say \"This (image, video, or audio) has been manipulated\", year round, and a depicted candidate can get a fast court injunction.", "election": { "status": "disclosure", "summary": "Election Law 14-106(5), added in the April 2024 state budget, requires anyone who distributes or publishes a political communication containing materially deceptive media (realistic AI or digitally created or altered images, video, audio or text depicting something that did not happen), with actual knowledge that it is deceptive, to disclose it. There is no pre-election window: it applies at all times. It is not a ban, carries no criminal or civil fine, and is enforced by the depicted candidate through an expedited injunction action in state supreme court. No new election AI law passed in the 2025 or 2026 sessions; Governor Hochul's 2026 proposal to ban non-consensual election deepfakes was left out of the FY2027 budget.", "laws": [ { "bill": "FY2025 state budget legislation (2024)", "citation": "N.Y. Election Law 14-106(5)", "title": "Disclosure of materially deceptive media in political communications", "enacted": "2024-04-20", "effective": "2024-04-20", "official_url": "https://www.nysenate.gov/legislation/laws/ELN/14-106", "media_covered": "any image, video, audio, text, or technological representation of speech or conduct created or modified by software, machine learning, AI or other technological means that looks or sounds indistinguishable from reality to a reasonable person and depicts a scenario that did not occur or was significantly altered", "who_is_covered": "any person, firm, association, corporation, campaign, committee, or organization that distributes or publishes a political communication", "window": "anytime (no pre-election window)", "type": "disclosure_required", "intent_standard": "actual knowledge that the media is materially deceptive (the injunction remedy reaches those who knew or should have known)", "disclosure_text": "This (image, video, or audio) has been manipulated", "disclosure_specs": "Visual media: printed or typed in a legible font easily readable by the average viewer, no smaller than other text in the media, in the same language as the communication. Audio (the statute names radio and automated telephone calls): clearly spoken at the beginning and the end, and if longer than two minutes, interspersed at intervals of no more than two minutes, in the same language and at a pitch the average listener can easily hear.", "exemptions": [ "satire or parody", "bona fide news reporting that clearly acknowledges questions about authenticity", "radio, TV, cable, satellite and streaming outlets paid to carry the ad, if they have consistent disclaimer requirements and gave them to the buyer", "initial dissemination by a platform, website, newspaper or magazine of content provided by another information content provider" ], "penalty_criminal": null, "penalty_civil": null, "private_right_of_action": "A candidate whose voice or likeness appears may seek injunctive relief plus reasonable court costs and attorney fees against anyone who disseminated it without consent and knew or should have known it was materially deceptive. The action is filed by order to show cause in supreme court, gets automatic calendar preference and expedited proceedings; preliminary relief is granted if the plaintiff is more likely than not to succeed and a remedy can be implemented before the election; the plaintiff must prove use of materially deceptive media by clear and convincing evidence.", "injunctive_relief": true, "litigation": null, "notes": "Wording confirmed against the current statute text (FindLaw copy of Election Law 14-106, updated January 1, 2026; the official NY Senate page blocks automated access). Subdivisions 6 and 7 preserve Section 230 protections and do not require entities to insert labels where inconsistent with federal law. One of the few state laws that names automated telephone calls in its audio disclosure rule.", "summary": null, "status": "in_effect" } ], "pending": [ { "bill": "S2414 (2025 to 2026)", "title": "Political Artificial Intelligence Disclaimer (PAID) Act: AI disclosure on political communications using synthetic media plus committee recordkeeping", "status": "In Senate Elections Committee (re-referred January 7, 2026); not passed", "url": "https://www.nysenate.gov/legislation/bills/2025/S2414" }, { "bill": "S7963 (2025 to 2026)", "title": "Election Content Accountability Act: provenance data on AI use in statewide campaign audio, images and video starting with the 2030 cycle", "status": "Committed to Senate Rules June 5, 2026; not passed", "url": "https://www.nysenate.gov/legislation/bills/2025/S7963" }, { "bill": "A11646 (2025 to 2026)", "title": "Replaces the deceptive media disclosure with a prohibition plus fines up to $10,000 and treble production and promotion costs", "status": "Referred to Assembly Election Law Committee July 29, 2026", "url": "https://www.nysenate.gov/legislation/bills/2025/A11646" }, { "bill": "A6491 (2025 to 2026)", "title": "Class E felony for creating or disseminating synthetic media within a set period before an election to unduly influence the outcome", "status": "Not passed (status per secondary sources)", "url": "https://www.nysenate.gov/legislation/bills/2025/A6491" }, { "bill": "Governor's 2026 program proposals", "title": "Ban on non-consensual election deepfakes of opposing candidates and on false information about voting times, places and eligibility", "status": "Proposed January 13, 2026; dropped from the FY2027 budget enacted May 2026; no standalone bill passed before the session ended", "url": "https://www.governor.ny.gov/news/governor-hochul-unveils-proposals-protect-consumers-and-workers" }, { "bill": "S6954A (2025 to 2026), Stop Deepfakes Act", "title": "Requires generative AI providers to embed provenance data in AI generated or modified audio and visual content; up to $25,000 per violation", "status": "Passed both houses June 2026; awaiting delivery to and action by the Governor (deadline December 31, 2026)", "url": "https://www.nysenate.gov/legislation/bills/2025/S6954/amendment/A" } ], "campaign_checklist": [ "Label any realistic AI or digitally altered image, video or audio in a political communication with \"This (image, video, or audio) has been manipulated\" at any time of year, not just near elections.", "For AI audio in radio spots or automated calls, speak the disclosure at the start and end and every two minutes, in the same language as the call.", "Keep the separate \"Paid for by:\" identification on every committee communication; for automated calls it must be clearly spoken.", "Expect expedited injunction suits from depicted candidates; the plaintiff needs clear and convincing evidence but gets calendar preference.", "Satire and parody are exempt, but label anything a reasonable viewer could take as real." ] }, "ai_calls": { "summary": "New York is one of the few states whose AI election rule expressly covers automated telephone calls: under Election Law 14-106(5), a political robocall or AI voice call that uses materially deceptive media (for example a cloned candidate voice) must speak \"This audio has been manipulated\" at the beginning, the end and every two minutes. Separately, Election Law 14-106(2) requires political committee communications, including automated telephone calls, to clearly speak \"Paid for by:\" and the committee name. General Business Law 399-p regulates calls placed with automatic dialing-announcing devices (identification of the caller at the start, name, address and phone number at the end, disconnect rules). An AI agent that speaks in its own synthetic voice and does not depict a real person is not by itself materially deceptive media, but federal TCPA artificial voice rules still apply.", "laws": [ { "bill": "FY2025 state budget legislation (2024)", "citation": "N.Y. Election Law 14-106(5)(b)(ii)(2)", "title": "Spoken AI manipulation disclosure for radio and automated telephone calls", "enacted": "2024-04-20", "effective": "2024-04-20", "official_url": "https://www.nysenate.gov/legislation/laws/ELN/14-106", "media_covered": "auditory political communications, expressly including radio and automated telephone calls", "who_is_covered": "any person, firm, association, corporation, campaign, committee, or organization distributing the political communication", "window": "anytime", "type": "disclosure_required", "intent_standard": "actual knowledge the media is materially deceptive", "disclosure_text": "This (image, video, or audio) has been manipulated", "disclosure_specs": "For auditory communications such as radio or automated telephone calls, clearly speak the statement at the beginning and end and, if longer than two minutes, at intervals of not more than two minutes, in the same language as the rest of the audio and at a pitch the average listener can easily hear.", "exemptions": [ "satire or parody", "bona fide news reporting that clearly acknowledges questions about authenticity", "paid broadcasters and streaming services with consistent disclaimer requirements given to the buyer", "initial dissemination by a platform of content provided by another information content provider" ], "penalty_criminal": null, "penalty_civil": null, "private_right_of_action": "Depicted candidate may seek an injunction, costs and attorney fees", "injunctive_relief": true, "litigation": null, "notes": null, "summary": null, "status": "in_effect" }, { "bill": null, "citation": "N.Y. Election Law 14-106(2)", "title": "\"Paid for by\" identification on political communications, spoken for automated calls", "enacted": null, "effective": null, "official_url": "https://www.nysenate.gov/legislation/laws/ELN/14-106", "media_covered": "political communications by political committees, including automated telephone calls", "who_is_covered": "political committees that make an expenditure for a political communication", "window": "anytime", "type": "disclosure_required", "intent_standard": null, "disclosure_text": "Paid for by: [name of the political committee making the expenditure]", "disclosure_specs": "For communications that are not visual, such as radio or automated telephone calls, clearly speaking the statement satisfies the requirement.", "exemptions": [ "promotional items of nominal value", "small digital ads that link to a page with the statement" ], "penalty_criminal": null, "penalty_civil": null, "private_right_of_action": null, "injunctive_relief": null, "litigation": null, "notes": "Subdivision 1 also requires committees to file copies of scripts and of messages sent by electronic means to 500 or more people with post-election statements.", "summary": null, "status": "in_effect" }, { "bill": null, "citation": "N.Y. General Business Law 399-p", "title": "Automatic dialing-announcing devices", "enacted": null, "effective": null, "official_url": "https://www.nysenate.gov/legislation/laws/GBS/399-P", "media_covered": "calls placed with automatic dialing-announcing devices (prerecorded or synthesized messages)", "who_is_covered": "callers using automatic dialing-announcing devices", "window": "anytime", "type": "disclosure_required", "intent_standard": null, "disclosure_text": null, "disclosure_specs": "State the nature of the call and the name of the person on whose behalf the message is sent at the beginning, and the address and telephone number at the end; disconnect when the call ends; no calls to emergency lines, hospitals or nursing homes; no caller ID blocking.", "exemptions": [ "government emergency and warning systems" ], "penalty_criminal": null, "penalty_civil": "Civil penalties up to $2,000 per call (cap $20,000 within 72 hours); consumers may recover actual damages or $50, trebled up to $1,000 for willful violations", "private_right_of_action": "Call recipients may sue for actual damages or $50, whichever is greater", "injunctive_relief": null, "litigation": null, "notes": "Subdivision 3 (identification at the start and address and phone number at the end, disconnect on hang-up) applies whenever calls are placed through an automatic dialing-announcing device, and 'person' includes not-for-profit organizations, so on its face it reaches political prerecorded calls; the consumer-call definitions govern other parts of the section. Recipients of calls violating subdivisions 3, 4 or 5 may sue.", "summary": null, "status": "in_effect" } ] }, "categories": { "election_admin": [] }, "sources": [ { "title": "N.Y. Election Law 14-106 (official NY Senate Open Legislation text)", "url": "https://www.nysenate.gov/legislation/laws/ELN/14-106" }, { "title": "N.Y. Election Law 14-106 (FindLaw copy, updated January 1, 2026)", "url": "https://codes.findlaw.com/ny/election-law/eln-sect-14-106/" }, { "title": "Greenberg Traurig: NY Law Amended to Restrict AI Deceptive Practices in Elections (May 2024)", "url": "https://www.gtlaw.com/en/insights/2024/5/ny-law-amended-to-restrict-ai-deceptive-practices-in-elections" }, { "title": "N.Y. General Business Law 399-p (FindLaw copy)", "url": "https://codes.findlaw.com/ny/general-business-law/gbs-sect-399-p/" }, { "title": "N.Y. General Business Law 399-p", "url": "https://www.nysenate.gov/legislation/laws/GBS/399-P" }, { "title": "NY Senate S2414 (PAID Act)", "url": "https://www.nysenate.gov/legislation/bills/2025/S2414" }, { "title": "NY Senate S7963 (Election Content Accountability Act)", "url": "https://www.nysenate.gov/legislation/bills/2025/S7963" }, { "title": "NY Assembly A11646", "url": "https://www.nysenate.gov/legislation/bills/2025/A11646" }, { "title": "Governor Hochul unveils proposals (January 13, 2026)", "url": "https://www.governor.ny.gov/news/governor-hochul-unveils-proposals-protect-consumers-and-workers" }, { "title": "City and State: What's in the FY27 New York state budget", "url": "https://www.cityandstateny.com/policy/2026/05/heres-whats-fy-27-new-york-state-budget/413729/" }, { "title": "Transparency Coalition: AI Legislative Update, October 2, 2026", "url": "https://www.transparencycoalition.ai/news/ai-legislative-update-october2-2026" }, { "title": "Public Citizen: Tracker of State Legislation on Deepfakes in Elections", "url": "https://www.citizen.org/article/tracker-legislation-on-deepfakes-in-elections/" } ], "unverified": [ "Exact budget bill number and chapter that added Election Law 14-106(5) in April 2024, and its precise effective date; the April 20, 2024 date is the budget signing date reported by Greenberg Traurig.", "Status of A6491 was not checked on the official page.", "Whether the Governor has acted on S6954A (Stop Deepfakes Act) after October 2, 2026." ] }, { "abbr": "NC", "name": "North Carolina", "slug": "north-carolina", "last_verified": "2026-10-05", "headline": "North Carolina has no law regulating AI or deepfakes in political ads as of October 2026: every election deepfake bill filed in 2023 to 2026 died or is stuck in committee, so only general laws (defamation, fraud, campaign disclaimers, robocall rules) apply.", "election": { "status": "none", "summary": "Confirmed: North Carolina has no statute requiring disclosure of, or banning, AI generated or deepfake content in political ads. The 2025 to 2026 bills (H 375 AI/Ban Deceptive Ads, H 934 AI Regulatory Reform Act, H 1161 Omnibus AI Protections) never reached a floor vote, and the 2023 to 2024 bills (S 880, S 88, H 1072) died even though H 1072 passed the House. Axios reported on October 2, 2026 that North Carolina has no laws prohibiting AI in campaign ads, after state Sen. Michael Lee received a cease-and-desist letter over AI ads in August 2026. The 2026 omnibus election bill (H 958) contained no AI provisions and was vetoed by Gov. Stein on August 17, 2026.", "laws": [], "pending": [ { "bill": "H 375 (2025)", "title": "AI/Ban Deceptive Ads: disclosure for paid political communications with synthetic media, 90 day deepfake disclosure rule with spoken \"Contains content generated by AI\" for audio, plus intimate image and AI interaction disclosure provisions", "status": "Filed March 11, 2025; referred to Commerce and Economic Development, then Election Law, March 13, 2025; no further action", "url": "https://www.ncleg.gov/BillLookUp/2025/H375" }, { "bill": "H 934 (2025)", "title": "AI Regulatory Reform Act: Class 1 misdemeanor for distributing a non-consensual deepfake intended to injure a candidate or influence an election, plus civil damages", "status": "Committee substitute reported May 6, 2025; re-referred to House Election Law; no further action as of early October 2026", "url": "https://www.ncleg.gov/BillLookUp/2025/H934" }, { "bill": "H 1161 (2025 to 2026 session, filed 2026)", "title": "Omnibus Artificial Intelligence Protections: would bar candidates, campaigns, parties, PACs and other sponsors from using AI in political ads unless the material clearly states it is AI or parody; Class 1 misdemeanor", "status": "Filed April 30, 2026; referred to House Appropriations, then Rules, May 4, 2026; no further action as of early October 2026", "url": "https://www.ncleg.gov/BillLookUp/2025/H1161" }, { "bill": "S 738 (2025)", "title": "Digital Content Provenance Initiative/Funds: cryptographic authentication for state and election related public information", "status": "Filed 2025; not enacted", "url": "https://www.ncleg.gov/BillLookUp/2025/S738" }, { "bill": "H 1072 (2023 to 2024)", "title": "Election deepfake bill", "status": "Passed House May 2024; died in Senate December 2024", "url": "https://www.citizen.org/article/tracker-legislation-on-deepfakes-in-elections/" }, { "bill": "S 880 (2023 to 2024)", "title": "No Deepfakes in Election Communication (90 day window with disclosure)", "status": "Failed December 2024", "url": "https://www.ncleg.gov/BillLookUp/2023/S880" }, { "bill": "S 88 (2023 to 2024)", "title": "Election deepfake provisions", "status": "Passed Senate June 2024; failed December 2024", "url": "https://www.citizen.org/article/tracker-legislation-on-deepfakes-in-elections/" } ], "campaign_checklist": [ "There is no North Carolina AI ad disclaimer or deepfake ban in force; do not tell clients a state AI label is legally required here.", "Federal rules and platform and broadcaster policies still apply (Google, Meta and many stations require AI disclosures on political ads), and FCC TCPA rules treat AI voices as artificial voices.", "Deepfakes of opponents still carry defamation, fraud and reputational risk, and cease-and-desist letters are already being sent in 2026 races.", "Watch H 375, H 934 and H 1161: the General Assembly's 2025 to 2026 session has not adjourned sine die, so these bills are technically alive.", "Standard North Carolina sponsor disclaimer rules for political ads still apply to AI made ads." ] }, "ai_calls": { "summary": "North Carolina has no AI-specific rule for political calls. Under current G.S. 75-104, automatic dialing and recorded message players may not be used for unsolicited calls except in listed cases; a political party or political candidate may use them if no part of the call is a telephone solicitation and the caller clearly identifies the person's name and contact information and the nature of the call. HB 936 (Robocall Solicitation Modifications) would replace this with a new robocall definition that expressly includes artificial or artificially generated voice messages and texts, require prior express written consent for most robocalls, ban spoofing and impersonating officials, and keep a narrow political call exception; it passed the House May 7, 2025 and the Senate (amended) June 17, 2026, the House refused to concur June 23, 2026, and it has been in conference committee since June 24, 2026. It is not law.", "laws": [ { "bill": null, "citation": "N.C. Gen. Stat. 75-104", "title": "Restrictions on use of automatic dialing and recorded message players (political party and candidate exception)", "enacted": null, "effective": null, "official_url": "https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_75/GS_75-104.html", "media_covered": "unsolicited calls using automatic dialing and recorded message players (prerecorded or artificial voice messages)", "who_is_covered": "any person; political parties and political candidates qualify for an exception", "window": "anytime", "type": "disclosure_required", "intent_standard": null, "disclosure_text": null, "disclosure_specs": "For the political party or candidate exception: no part of the call may be a telephone solicitation, and the caller must clearly identify the person's name and contact information and the nature of the unsolicited call.", "exemptions": [ "calls with the subscriber's express invitation or permission and other listed exceptions" ], "penalty_criminal": null, "penalty_civil": "Enforced under the state telephone solicitation article (Attorney General civil penalties and private suits); amounts not confirmed here", "private_right_of_action": null, "injunctive_relief": null, "litigation": null, "notes": "Official text confirmed (2003-411, last amended 2018-40). The exception names a political party or political candidate; whether independent expenditure groups, PACs or issue groups making prerecorded or AI voice calls fit an exception was not confirmed.", "summary": null, "status": "in_effect" } ] }, "categories": { "election_admin": [] }, "sources": [ { "title": "Axios: AI campaign deepfakes are starting to draw legal threats (October 2, 2026)", "url": "https://www.axios.com/2026/10/02/ai-deepfake-election-campaign-lawsuits" }, { "title": "UNC School of Government LRS: H 375 (2025-2026) bill summary", "url": "https://lrs.sog.unc.edu/billsum/h-375-2025-2026" }, { "title": "UNC School of Government LRS: H 934 AI Regulatory Reform Act", "url": "https://lrs.sog.unc.edu/bill/ai-regulatory-reform-act" }, { "title": "UNC School of Government LRS: H 1161 (2025-2026) bill summary", "url": "https://lrs.sog.unc.edu/billsum/h-1161-2025-2026" }, { "title": "UNC School of Government: AI, Government, and the Law, updates from 2025", "url": "https://canons.sog.unc.edu/blog/2025/10/13/artificial-intelligence-government-and-the-law-updates-from-a-year-of-rapid-change/" }, { "title": "BillTrack50: NC H 958 Election Law Changes (vetoed August 17, 2026)", "url": "https://www.billtrack50.com/billdetail/1884631" }, { "title": "Ballotpedia News: Stein vetoes election omnibus bill", "url": "https://news.ballotpedia.org/2026/08/19/north-carolina-gov-stein-vetoes-election-omnibus-bill/" }, { "title": "BillTrack50: NC H 936 Robocall Solicitation Modifications", "url": "https://www.billtrack50.com/billdetail/1884752" }, { "title": "FastDemocracy: NC HB 936 actions", "url": "https://fastdemocracy.com/bill-search/nc/2025-2026/bills/NCB00014160/" }, { "title": "E-Commerce Innovation Alliance: NC Senate amendment to HB 936 (June 18, 2026)", "url": "https://www.ecomm-alliance.org/blog/north-carolina-senate-fixes-a-last-minute-robocall-amendment-to-hb-936/" }, { "title": "N.C. Gen. Stat. 75-104 (FindLaw copy)", "url": "https://codes.findlaw.com/nc/chapter-75-monopolies-trusts-and-consumer-protection/nc-gen-st-sect-75-104/" }, { "title": "Public Citizen: Tracker of State Legislation on Deepfakes in Elections", "url": "https://www.citizen.org/article/tracker-legislation-on-deepfakes-in-elections/" }, { "title": "N.C. Gen. Stat. 75-104 (official, archived)", "url": "https://web.archive.org/web/2026/https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_75/GS_75-104.html" } ], "unverified": [ "ncleg.gov blocks automated access; H 934 and H 1161 histories were confirmed on official pages archived 2026-10-03, H 375 on a page archived 2026-05-20; HB 936 history comes from BillTrack50 and FastDemocracy.", "Penalty amounts for violations of G.S. 75-104 were not confirmed.", "Whether HB 936's conference report was adopted after June 24, 2026 (no source showed ratification or a session law number as of October 2026)." ] }, { "abbr": "ND", "name": "North Dakota", "slug": "north-dakota", "last_verified": "2026-10-05", "headline": "North Dakota requires any political communication that uses AI to visually or audibly impersonate a human, including an AI voice, to prominently state \"THIS CONTENT GENERATED BY ARTIFICIAL INTELLIGENCE.\", and its telephone law bars prerecorded or synthesized voice messages without the recipient's consent or a live operator first.", "election": { "status": "disclosure", "summary": "HB 1167 (2025), codified at N.D.C.C. 16.1-10-04.2, requires any action taken for a political purpose, including communications and political ads for or against a candidate, committee, party, or ballot measure or petition, that contains images, graphics, video, audio, text or other digital content created in whole or part with AI to visually or audibly impersonate a human, to prominently state the required disclaimer. It applies year round and to everyone, with no deception or intent element. Content that uses AI only for text generation, grammar, spelling, style edits or enhancement without creating a new impersonation of a human likeness or voice is exempt. Violations fall under the chapter's general penalty, a class A misdemeanor (N.D.C.C. 16.1-10-08). Separately, the older false political advertising law (16.1-10-04) reaches false AI content about a candidate's record.", "laws": [ { "bill": "HB 1167 (2025)", "citation": "N.D.C.C. 16.1-10-04.2", "title": "Use of artificial intelligence, disclosure, exception, definition", "enacted": "2025-04-10", "effective": "2025-08-01", "official_url": "https://ndlegis.gov/assembly/69-2025/regular/bill-overview/bo1167.html", "media_covered": "images, graphics, videos, audio, text, or other digital content created in whole or in part with AI to visually or audibly impersonate a human", "who_is_covered": "anyone taking action for a political purpose (candidates, committees, parties, measure and petition campaigns, and any other person)", "window": "anytime", "type": "disclosure_required", "intent_standard": "none stated; applies whenever AI is used to impersonate a human in political content", "disclosure_text": "THIS CONTENT GENERATED BY ARTIFICIAL INTELLIGENCE.", "disclosure_specs": "Must be stated prominently; no further size, placement or duration rules in the statute.", "exemptions": [ "content solely using AI for text generation, grammar correction, spelling checks, stylistic editing, or enhancing existing content without creating a new impersonation of human likeness or voice", "tools explicitly programmed only to assist with grammar, spelling or word suggestions without generating human likeness or voice (excluded from the AI definition)" ], "penalty_criminal": "Class A misdemeanor under the chapter 16.1-10 general penalty (N.D.C.C. 16.1-10-08), which applies where no other penalty is specified", "penalty_civil": null, "private_right_of_action": null, "injunctive_relief": null, "litigation": null, "notes": "Passed 90 to 0 in the House and 46 to 0 in the Senate. Signed by the Governor 2025-04-10 and filed with the Secretary of State 2025-04-11. No emergency clause, so it took effect August 1, 2025, the standard effective date for 2025 acts. Unlike most states, there is no requirement that the content be deceptive or depict a real candidate: an AI generated human voice or face in any political communication triggers the disclaimer.", "summary": null, "status": "in_effect" } ], "pending": [], "campaign_checklist": [ "Any political ad, mailer, video, call or text in North Dakota that uses AI to create a human face, body or voice must prominently state \"THIS CONTENT GENERATED BY ARTIFICIAL INTELLIGENCE.\" even if the person is fictional and the content is accurate.", "AI used only for writing copy, grammar or editing existing content does not need the disclaimer.", "AI voice agents making political calls should state the disclaimer at the start of the call, because the law covers audio that audibly impersonates a human.", "Do not deliver prerecorded or synthesized voice messages to North Dakota phones without the subscriber's prior consent or a live operator who first gets consent (N.D.C.C. 51-28-02); this applies to political calls.", "False statements about an opponent's record in calls or texts are a class A misdemeanor under 16.1-10-04." ] }, "ai_calls": { "summary": "North Dakota has two rules that directly hit AI voice political calls. First, N.D.C.C. 51-28-02 says a caller may not use an automatic dialing-announcing device or deliver a prerecorded or synthesized voice message to a subscriber unless the subscriber knowingly requested, consented to, permitted or authorized it, or the message is immediately preceded by a live operator who obtains consent. A \"message\" is any call, voice, text or other electronic communication regardless of content, so political calls are covered even though political calls are exempt from the separate telephone solicitation and do not call rules. AI generated voices are synthesized voices. Second, the 2025 AI disclosure law (16.1-10-04.2) requires political content that audibly impersonates a human with AI to prominently state \"THIS CONTENT GENERATED BY ARTIFICIAL INTELLIGENCE.\" Political texts are not exempt from the telephone solicitation definition, and caller ID spoofing with intent to defraud or using a number the caller does not own or have consent to use is prohibited.", "laws": [ { "bill": null, "citation": "N.D.C.C. 51-28-02 (with definitions in 51-28-01)", "title": "Use of prerecorded or synthesized voice messages", "enacted": null, "effective": null, "official_url": "https://ndlegis.gov/cencode/t51c28.pdf", "media_covered": "automatic dialing-announcing devices and prerecorded or synthesized voice messages (any content, including political)", "who_is_covered": "any caller contacting a subscriber in North Dakota", "window": "anytime", "type": "ban", "intent_standard": null, "disclosure_text": null, "disclosure_specs": "Allowed only if the subscriber knowingly requested, consented to, permitted or authorized the message, or a live operator immediately precedes the message and obtains consent. Auto dialers must disconnect within 10 seconds after the subscriber hangs up. Auto dialer and solicitation calls are barred before 8 a.m. and after 9 p.m. local time (51-28-05).", "exemptions": [ "public safety emergency notices", "school district messages to students, parents or employees", "messages to subscribers with a current business relationship", "employee work schedule messages" ], "penalty_criminal": null, "penalty_civil": "Attorney General civil penalties up to $2,000 per violation (51-28-15, 51-28-17), plus remedies under the consumer fraud chapter 51-15", "private_right_of_action": "Any person who receives a message in violation of the chapter may sue for an injunction and actual damages or up to $2,000 per violation, plus costs and attorney fees (51-28-11)", "injunctive_relief": true, "litigation": null, "notes": "The political party, candidate and political purpose exclusion in 51-28-01(8)(f) removes voice calls only from the definition of telephone solicitation (and so from the do not call and caller identification rules); it does not exempt political callers from the prerecorded or synthesized voice consent rule in 51-28-02. Political text messages are not excluded from telephone solicitation.", "summary": null, "status": "in_effect" }, { "bill": "HB 1167 (2025)", "citation": "N.D.C.C. 16.1-10-04.2", "title": "AI impersonation disclaimer applied to calls", "enacted": "2025-04-10", "effective": "2025-08-01", "official_url": "https://ndlegis.gov/assembly/69-2025/regular/bill-overview/bo1167.html", "media_covered": "audio that uses AI to audibly impersonate a human, including AI voice agents and cloned voices in political calls and voicemails", "who_is_covered": "anyone acting for a political purpose", "window": "anytime", "type": "disclosure_required", "intent_standard": null, "disclosure_text": "THIS CONTENT GENERATED BY ARTIFICIAL INTELLIGENCE.", "disclosure_specs": "Must be stated prominently; for audio, state it clearly in the call (statute sets no timing rule).", "exemptions": [ "AI used only for text, grammar, spelling or editing without a new impersonation of a human likeness or voice" ], "penalty_criminal": "Class A misdemeanor (16.1-10-08 general penalty)", "penalty_civil": null, "private_right_of_action": null, "injunctive_relief": null, "litigation": null, "notes": null, "summary": null, "status": "in_effect" }, { "bill": null, "citation": "N.D.C.C. 51-28-08.1", "title": "Telephone caller identification system fraud", "enacted": null, "effective": null, "official_url": "https://ndlegis.gov/cencode/t51c28.pdf", "media_covered": "calls using telecommunications or VoIP service", "who_is_covered": "any person", "window": "anytime", "type": "ban", "intent_standard": "knowingly causing caller ID to transmit misleading or inaccurate information with intent to defraud or cause harm, or to display a number the caller does not own or lacks the owner's consent to use", "disclosure_text": null, "disclosure_specs": null, "exemptions": [ "blocking caller ID", "law enforcement and intelligence agencies", "carriers acting as intermediaries", "court authorized activity", "callers who reasonably believe the recipient is outside the state" ], "penalty_criminal": "Class A misdemeanor", "penalty_civil": "Recipients may sue for actual damages or $5,000 to $10,000 per violation, whichever is greater, plus costs and attorney fees", "private_right_of_action": "Any person receiving a violating call", "injunctive_relief": true, "litigation": null, "notes": "Relevant to dialer platforms that rotate or borrow caller IDs for political call programs.", "summary": null, "status": "in_effect" } ] }, "categories": { "election_admin": [ { "bill": null, "citation": "N.D.C.C. 16.1-10-04", "title": "Publication of false information in political advertisements (not AI-specific)", "enacted": null, "effective": null, "official_url": "https://ndlegis.gov/cencode/t16-1c10.pdf", "summary": "Makes it a class A misdemeanor to knowingly, or with reckless disregard for the truth, publish untrue, deceptive, or misleading material about a candidate's prior public record or a ballot issue in political ads, including by text message or telephone call. Not AI-specific, but a false AI ad, call, or text about an opponent's record can be prosecuted under it.", "status": "in_effect", "notes": "Media outlets that are not the source of the ad are excluded." } ] }, "sources": [ { "title": "ND Legislature: HB 1167 (2025) overview", "url": "https://ndlegis.gov/assembly/69-2025/regular/bill-overview/bo1167.html" }, { "title": "ND Legislature: HB 1167 enrolled text (25.0529.05000)", "url": "https://ndlegis.gov/assembly/69-2025/regular/documents/25-0529-05000.pdf" }, { "title": "N.D.C.C. chapter 16.1-10 (Corrupt practices), including 16.1-10-04, 16.1-10-04.2 and 16.1-10-08", "url": "https://ndlegis.gov/cencode/t16-1c10.pdf" }, { "title": "N.D.C.C. chapter 51-28 (Telephone solicitations)", "url": "https://ndlegis.gov/cencode/t51c28.pdf" }, { "title": "Public Citizen: Tracker of State Legislation on Deepfakes in Elections", "url": "https://www.citizen.org/article/tracker-legislation-on-deepfakes-in-elections/" } ], "unverified": [ "No reported enforcement or court challenge of 16.1-10-04.2 was found.", "Prior court rulings on applying 51-28-02 to political calls were not reviewed." ] }, { "abbr": "OH", "name": "Ohio", "slug": "ohio", "last_verified": "2026-10-05", "headline": "Ohio has no law regulating AI or deepfakes in political ads or calls as of October 2026; every election deepfake bill since 2023 has stalled, including HB 362 (2025), which would add a 90 day AI disclosure rule enforced by the Ohio Elections Commission.", "election": { "status": "none", "summary": "Ohio has not enacted any AI or deepfake rule for political communications. HB 367 and HB 410 (2023 to 2024) died in December 2024. In the 136th General Assembly (2025 to 2026), HB 362 would require labels on deceptive synthetic media distributed to influence an election in the 90 days before election day, enforced through civil fines by the Ohio Elections Commission, but it has not moved since introduction in June 2025. HB 185, a broader deepfake and likeness bill, was amended in committee in May 2026 but has not passed the House, and HB 1000 was introduced in September 2026.", "laws": [], "pending": [ { "bill": "HB 362 (2025)", "title": "Deceptive synthetic media in elections: 90 day disclosure (\"This image has been manipulated or generated by artificial intelligence\" for images; spoken statement for audio; on screen for video); civil fines up to $1,000, $5,000 if meant to incite violence, $10,000 for repeat violations within five years; private injunction actions", "status": "Introduced June 2025; in committee", "url": "https://www.legislature.ohio.gov/legislation/136/hb362" }, { "bill": "HB 185 (2025)", "title": "Deepfakes and persona rights (amends right of publicity chapter 2741 and menacing by stalking; creates chapter 2742)", "status": "Amended in House Technology and Innovation Committee May 2026; still in committee", "url": "https://www.legislature.ohio.gov/legislation/136/hb185" }, { "bill": "HB 1000 (2026)", "title": "Election deepfake bill (listed on the Public Citizen tracker)", "status": "Introduced September 2026", "url": "https://www.citizen.org/article/tracker-legislation-on-deepfakes-in-elections/" }, { "bill": "HB 367 and HB 410 (2023 to 2024)", "title": "Election AI disclosure bills", "status": "Died December 2024", "url": "https://www.citizen.org/article/tracker-legislation-on-deepfakes-in-elections/" } ], "campaign_checklist": [ "No Ohio statute requires an AI disclaimer on political ads; do not tell clients one is legally required, but platforms and broadcasters may require it.", "Ohio's standard political publication sponsor identification rules still apply to AI made ads.", "Deepfakes of opponents still carry defamation and fraud exposure.", "Watch HB 362: if enacted it would require AI labels within 90 days of an election, enforced by the Ohio Elections Commission." ] }, "ai_calls": { "summary": "Ohio has no AI-specific rule for political calls or texts, and no Ohio bill on AI voices in political calls has advanced. Federal TCPA rules (AI generated voices are artificial voices) apply to AI calls into Ohio. Ohio's general political publication identification rules and their application to telephone calls were not confirmed for this entry because the Ohio code site was unreachable.", "laws": [] }, "categories": { "election_admin": [] }, "sources": [ { "title": "Public Citizen: Tracker of State Legislation on Deepfakes in Elections (updated 2026-09-29)", "url": "https://www.citizen.org/article/tracker-legislation-on-deepfakes-in-elections/" }, { "title": "Regulon: OH HB 362 (Deceptive Synthetic Media in Elections)", "url": "https://www.regulon.ai/bills/OH-HB-362" }, { "title": "Ohio Legislature: HB 362 (136th GA)", "url": "https://www.legislature.ohio.gov/legislation/136/hb362" }, { "title": "Ohio Legislature: HB 185 (136th GA)", "url": "https://www.legislature.ohio.gov/legislation/136/hb185" }, { "title": "Statehouse News Bureau: Ohio bill to crack down on deepfakes gets some edits (May 12, 2026)", "url": "https://www.statenews.org/government-politics/2026-05-12/ohio-bill-to-crack-down-on-deepfakes-gets-some-edits" }, { "title": "Ohio Capital Journal: Why Ohio doesn't have any artificial intelligence regulations (May 18, 2026)", "url": "https://ohiocapitaljournal.com/2026/05/18/why-ohio-doesnt-have-any-artificial-intelligence-regulations/" }, { "title": "cleveland.com: AI political ads pop up in Ohio races as state lawmakers stall on regulating them (April 26, 2026)", "url": "https://www.cleveland.com/news/2026/04/ai-political-ads-pop-up-in-ohio-races-as-state-lawmakers-stall-on-regulating-them.html" } ], "unverified": [ "Ohio Legislature and Ohio Revised Code websites refused connections, so HB 362 details come from Regulon and the bill's LegiScan listing (amends 3517.153 to 3517.155, 3517.993, 3599.40 and enacts 3517.24); its exact audio interval rule was not confirmed.", "Title and content of HB 1000 (introduced September 2026).", "Whether Ohio's political publication disclaimer statute (R.C. 3517.20) applies to telephone calls." ] }, { "abbr": "OK", "name": "Oklahoma", "slug": "oklahoma", "last_verified": "2026-10-05", "headline": "Oklahoma has no law on AI or deepfakes in political ads or calls as of October 2026; SB 894, SB 746 and HB 3299 all died when the 2026 session ended in May.", "election": { "status": "none", "summary": "Oklahoma has not enacted an election deepfake or AI disclosure law. SB 894 (2025), which would have barred distributing deepfakes of candidates or parties within 90 days of an election unless labeled \"This (image, audio, or video) has been manipulated or generated by artificial intelligence\" and let depicted candidates sue, cleared the Senate Technology and Telecommunications Committee in February 2025 but never got a floor vote. SB 746 (2025) never left committee, and HB 3299 (2026) cleared House committees in February 2026 but went no further. All failed with the end of the 2026 session in May 2026; earlier bills (SB 1655 and HB 3825) died in May 2024.", "laws": [], "pending": [ { "bill": "SB 894 (2025 to 2026)", "title": "Deepfakes of candidates or parties within 90 days of an election banned unless labeled; injunctive relief and civil penalties", "status": "Reported do pass as amended February 2025; title stricken and placed on General Order March 4, 2025; never voted on; failed May 2026", "url": "http://www.oklegislature.gov/BillInfo.aspx?Bill=SB894&Session=2600" }, { "bill": "SB 746 (2025 to 2026)", "title": "Election deepfake bill", "status": "Referred to Technology and Telecommunications February 3, 2025; no further action; failed May 2026", "url": "http://www.oklegislature.gov/BillInfo.aspx?Bill=SB746&Session=2600" }, { "bill": "HB 3299 (2026)", "title": "Election deepfake bill", "status": "Do pass as committee substitute in House Criminal Judiciary (policy) 2026-02-19 and Judiciary and Public Safety Oversight 2026-02-26; no floor vote; failed when the 2026 session ended in May", "url": "http://www.oklegislature.gov/BillInfo.aspx?Bill=HB3299&Session=2600" }, { "bill": "SB 1655 (2024)", "title": "Election deepfake bill", "status": "Passed Senate March 2024; failed May 2024", "url": "https://www.citizen.org/article/tracker-legislation-on-deepfakes-in-elections/" }, { "bill": "HB 3825 (2024)", "title": "Election deepfake bill", "status": "Failed May 2024", "url": "https://www.citizen.org/article/tracker-legislation-on-deepfakes-in-elections/" } ], "campaign_checklist": [ "No Oklahoma statute requires an AI disclaimer on political ads or bans election deepfakes; platform, broadcaster and federal rules still apply.", "Deepfakes of opponents still carry defamation and fraud exposure.", "Expect the SB 894 approach (90 day window, labeled safe harbor, candidate lawsuits) to return in the 2027 session." ] }, "ai_calls": { "summary": "Oklahoma has no AI-specific or political-specific rule for robocalls found in this review; federal TCPA rules, under which AI generated voices are artificial voices, govern AI calls into Oklahoma. Oklahoma's telephone solicitation statute was not confirmed to reach political calls.", "laws": [] }, "categories": { "election_admin": [] }, "sources": [ { "title": "Oklahoma Legislature: SB 894 bill information (2026 session)", "url": "http://www.oklegislature.gov/BillInfo.aspx?Bill=SB894&Session=2600" }, { "title": "Oklahoma Legislature: SB 894 Senate floor version (February 27, 2025)", "url": "https://www.oklegislature.gov/cf_pdf/2025-26%20FLR/SFLR/SB894%20SFLR.PDF" }, { "title": "Oklahoma Legislature: SB 746 bill information", "url": "http://www.oklegislature.gov/BillInfo.aspx?Bill=SB746&Session=2600" }, { "title": "Oklahoma Legislature: HB 3299 bill information", "url": "http://www.oklegislature.gov/BillInfo.aspx?Bill=HB3299&Session=2600" }, { "title": "Public Citizen: Tracker of State Legislation on Deepfakes in Elections (updated 2026-09-29)", "url": "https://www.citizen.org/article/tracker-legislation-on-deepfakes-in-elections/" } ], "unverified": [ "Exact subject and text of HB 3299 (2026) and SB 746 (2025); both are listed as election deepfake bills by Public Citizen.", "Whether Oklahoma's Telephone Solicitation Act or any other state law imposes identification or consent rules on political robocalls." ] }, { "abbr": "OR", "name": "Oregon", "slug": "oregon", "last_verified": "2026-10-05", "headline": "Any Oregon campaign communication about a candidate or measure that includes AI-manipulated images, audio, or video of a real person must disclose that the media \"has been manipulated,\" at any time of year, enforced by the Secretary of State with civil penalties up to $10,000.", "election": { "status": "disclosure", "summary": "Since March 27, 2024, any campaign communication supporting or opposing a clearly identified candidate or measure that includes synthetic media must include a disclosure stating that the image, audio recording, or video recording has been manipulated. Synthetic media means a realistic but false depiction of a real individual's appearance, speech, or conduct, made with AI or similar technology, that would give a reasonable person a materially different impression than the original. There is no dollar threshold and no election window. The Secretary of State (or the Attorney General for matters involving the Secretary of State) can seek an injunction, and courts must impose a civil penalty of up to $10,000 per violation; there is no private lawsuit.", "laws": [ { "bill": "SB 1571 (2024 regular session), Oregon Laws 2024, chapter 62", "citation": "ORS 260.268 (rules authority in ORS 260.269); complaint process in ORS 260.345", "title": "Use of artificial intelligence in campaign communications", "enacted": "2024-03-27", "effective": "2024-03-27", "official_url": "https://olis.oregonlegislature.gov/liz/2024R1/Measures/Overview/SB1571", "media_covered": "images, audio recordings, and video recordings of an individual's appearance, speech, or conduct intentionally manipulated with AI techniques or similar digital technology", "who_is_covered": "anyone who makes a campaign communication (a communication in support of or in opposition to a clearly identified candidate or measure), regardless of how much is spent", "window": "anytime", "type": "disclosure_required", "intent_standard": "None for the sponsor. The media itself must be intentionally manipulated to create a realistic but false depiction.", "disclosure_text": null, "disclosure_specs": "The law requires \"a disclosure stating that the image, audio recording or video recording has been manipulated\" but sets no exact wording, size, placement, or duration. The Secretary of State may adopt rules; none were found.", "exemptions": [ "interactive computer services and information services (47 U.S.C. 230 and 153)", "radio, TV, cable, or satellite broadcasts in bona fide newscasts, news interviews, documentaries, or on-the-spot news coverage that clearly acknowledge questions about authenticity", "broadcasters, websites, or online platforms paid to broadcast or publish the communication", "newspapers, magazines, and periodicals (including online) that state the synthetic media does not accurately represent a ballot issue or candidate", "satire or parody", "impersonation that depends on a person's own physical or verbal ability without technology" ], "penalty_criminal": null, "penalty_civil": "Court must impose a civil penalty of not more than $10,000 upon proof of a violation; penalties go to the General Fund", "private_right_of_action": "No. Under ORS 260.345 an elector may file a complaint with the Secretary of State no later than 90 days after the election or the violation, whichever is later; the Secretary of State (or the Attorney General for matters involving the Secretary of State) then sues. The state's action is the exclusive remedy.", "injunctive_relief": true, "litigation": null, "notes": "Codified as ORS 260.268 (source note 2024 c.62 sec. 1, no later amendment in the 2025 ORS edition). Took effect on passage under an emergency clause. Prevailing party gets reasonable attorney fees at trial and on appeal, and courts must give these cases priority. Because the definition requires a depiction of a real individual, AI content that does not depict a real person (for example a fully synthetic narrator voice) is not covered.", "summary": null, "status": "in_effect" } ], "pending": [ { "bill": "None found", "title": "Public Citizen's tracker lists no Oregon election deepfake bills after SB 1571. Oregon held its 2025 long session and 2026 short session; no amendment to the synthetic media law was found.", "status": "No election AI bills pending; next regular session February 2027", "url": "https://www.citizen.org/article/tracker-legislation-on-deepfakes-in-elections/" } ], "campaign_checklist": [ "If any image, audio, or video in your communication realistically shows a real person (candidate or not) doing or saying something altered by AI, add a clear statement that it \"has been manipulated.\" There is no set wording, so say it plainly and keep it visible or audible.", "The rule applies year round and to any spending level, including small digital ads and texts with images.", "Satire and parody are exempt, but labeling them anyway avoids a complaint fight.", "Separately, do not use AI (or anything else) to spread false information about election dates, ballot deadlines, registration, drop sites, or voter eligibility in the 30 days before a primary or 60 days before a general election (ORS 260.537)." ] }, "ai_calls": { "summary": "Oregon has no AI-specific rule for political calls, but its automatic dialing law (ORS 646A.370 to 646A.374) covers any device that dials numbers and plays a \"prerecorded or synthesized voice message,\" which includes AI voice robocalls, and it applies to any caller with no political exemption. Such calls must offer, in the first 10 seconds, a one-digit or spoken opt-out that blocks future calls, the device must disconnect within 10 seconds after hang-up, numbers that opted out must be removed, and calls are allowed only from 9 a.m. to 9 p.m. The caller may not misrepresent its identity, phone number, location, or purpose in the synthesized message, and caller ID spoofing is barred; those violations are unlawful trade practices. If an AI robocall manipulates a real person's voice to support or oppose a candidate or measure, the synthetic media disclosure under SB 1571 also applies.", "laws": [ { "bill": "Oregon Laws 2007 ch. 823, amended by Oregon Laws 2015 ch. 561", "citation": "ORS 646A.370, 646A.372, 646A.374", "title": "Automatic dialing and announcing devices", "enacted": null, "effective": null, "official_url": "https://www.oregonlegislature.gov/bills_laws/ors/ors646A.html", "media_covered": "automated devices that select and dial numbers and play a prerecorded or synthesized voice message", "who_is_covered": "any caller, including political campaigns; the opt-out requirement does not apply to debt collectors, public safety agencies, or callers with an established business relationship", "window": "anytime", "type": "disclosure_required", "intent_standard": null, "disclosure_text": null, "disclosure_specs": "Device must disconnect within 10 seconds after the subscriber ends the call. Message must describe, and the device must provide, a way to opt out of future calls within the first 10 seconds by pressing or speaking a single digit. Opted-out numbers, emergency services, hospitals, physician offices, poison control, and crisis lines must be excluded. Random or sequential dialing may not reach numbers on a government do-not-call list (exceptions apply). Calls only between 9 a.m. and 9 p.m. The message may not misrepresent the caller's identity, the identity of whoever the call is for, the calling number, the caller's location, or the call's purpose, and caller ID information may not be falsified.", "exemptions": [ "debt collectors and debt buyers (opt-out rules)", "public safety or law enforcement agencies", "callers with an established business relationship (within 18 months)" ], "penalty_criminal": null, "penalty_civil": "Violations of the misrepresentation and caller ID rules (646A.374(2) and (3)) are unlawful practices under Oregon's Unlawful Trade Practices Act (ORS 646.608); carriers that knowingly assist can share liability", "private_right_of_action": null, "injunctive_relief": false, "litigation": null, "notes": "\"Synthesized voice message\" plainly reaches AI text-to-speech and AI voice agents that are auto-dialed. Enforcement of the 646A.372 opt-out and hours rules was not traced.", "summary": null, "status": "in_effect" } ] }, "categories": { "election_admin": [ { "bill": "Oregon Laws 2021 ch. 291", "citation": "ORS 260.537", "title": "False publication intended to mislead electors (not AI-specific)", "enacted": null, "effective": null, "official_url": "https://www.oregonlegislature.gov/bills_laws/ors/ors260.html", "summary": "Bars knowingly or recklessly circulating, including by telephone or electronic means, a false statement of material fact meant to mislead voters about the election date, ballot return deadline, registration deadline or methods, ballot drop locations, voter qualifications, or a voter's registration status, within 30 days before a primary or special election or 60 days before a general election. The Secretary of State can get an injunction and courts must impose a civil penalty up to $10,000. It is not AI-specific but squarely covers AI robocalls or deepfakes that lie about how to vote.", "status": "in_effect", "notes": "Source note reads 2021 c.291 sec. 2; the bill number was not confirmed. Broadcasters are not liable for ads they did not create." } ] }, "sources": [ { "title": "Oregon SB 1571 (2024) enrolled text, Oregon Laws 2024 ch. 62, via State Net", "url": "https://custom.statenet.com/public/resources.cgi?id=ID:bill:OR2024000S1571&ciq=ncsl&client_md=&mode=current_text" }, { "title": "ORS chapter 260, 2025 edition (official, archived 2026-10-03), including 260.268 and 260.345", "url": "https://web.archive.org/web/20261003153634/https://www.oregonlegislature.gov/bills_laws/ors/ors260.html" }, { "title": "Oregon Legislature: SB 1571 (2024) measure overview", "url": "https://olis.oregonlegislature.gov/liz/2024R1/Measures/Overview/SB1571" }, { "title": "ORS 260.537 (public.law mirror of official text)", "url": "https://oregon.public.law/statutes/ors_260.537" }, { "title": "ORS 646A.370 (public.law mirror of official text)", "url": "https://oregon.public.law/statutes/ors_646A.370" }, { "title": "ORS 646A.372 (public.law mirror of official text)", "url": "https://oregon.public.law/statutes/ors_646A.372" }, { "title": "ORS 646A.374 (public.law mirror of official text)", "url": "https://oregon.public.law/statutes/ors_646A.374" }, { "title": "Public Citizen: Tracker of State Legislation on Deepfakes in Elections", "url": "https://www.citizen.org/article/tracker-legislation-on-deepfakes-in-elections/" } ], "unverified": [ "No Oregon 2025 or 2026 bill amending the synthetic media law was found; the 2025 ORS edition shows ORS 260.268 unamended, but 2026 short-session laws could not be searched directly.", "Bill number for ORS 260.537 (2021 c.291) and the 2007 ADAD law bill number were not confirmed.", "Enforcement path and penalties for the ORS 646A.372 opt-out and calling-hours rules were not traced." ] }, { "abbr": "PA", "name": "Pennsylvania", "slug": "pennsylvania", "last_verified": "2026-10-05", "headline": "Pennsylvania has no election-specific AI law: campaigns face only the general 2025 digital forgery crime (Act 35), which bars passing off an AI fake of a real person's image or voice as genuine to defraud or injure, while the election deepfake disclosure bill HB 811 passed the House 203 to 0 in June 2025 and has sat in a Senate committee since.", "election": { "status": "none", "summary": "Pennsylvania has not enacted a law aimed at AI in political ads, so there is no required AI disclaimer and no election-window deepfake ban. The closest law is Act 35 of 2025 (SB 649, 18 Pa.C.S. 4101.1), a general crime of digital forgery that applies to everyone, including campaigns: distributing a computer-generated image or voice of a real person as genuine, with intent to defraud or injure, is a first degree misdemeanor, and clear notice that the content is not genuine is a defense. Election-specific bills are pending in the 2025 to 2026 session, which ends November 30, 2026: HB 811 (passed the House, stuck in Senate Communications and Technology Committee), SB 1332, and HB 486.", "laws": [], "pending": [ { "bill": "HB 811 (2025 to 2026 session), Fraudulent Misrepresentation of a Candidate Prevention Act", "title": "Civil liability for knowingly disseminating a campaign advertisement (including mailings, emails, telephone calls, radio, TV, and digital) containing a deepfake of a candidate within 90 days of an election, unless it carries a disclosure in substantially this form: \"This (image/video/sound/content) contains deepfake content and has been manipulated or generated using synthetic content to depict speech or conduct that did not occur,\" plus embedded content provenance. Candidates could sue for punitive damages and injunctions; civil penalties up to $15,000 per day per ad.", "status": "Passed the House 203 to 0 on 2025-06-23; referred to Senate Communications and Technology Committee 2025-06-24; no further action as of early October 2026. Dies if not enacted by November 30, 2026.", "url": "https://www.palegis.us/legislation/bills/2025/hb811" }, { "bill": "SB 1332 (2026), Artificial Intelligence in Political Advertisements Act", "title": "Would require any political advertisement (expressly including telephone calls, robocalls, and text messages) containing footage or audio generated in whole or part by AI to state that, with the date, time, and origin of the content; audio-only ads would need the statement as an audio tagline at the start. Civil fine up to $3,000.", "status": "Introduced and referred to Senate State Government Committee 2026-05-21; no further action", "url": "https://www.palegis.us/legislation/bills/2025/sb1332" }, { "bill": "HB 486 (2025)", "title": "Would amend Election Code section 1638 so that paid political communications \"may not utilize artificially generated facsimiles of a human voice,\" a misdemeanor with fines up to $1,000 that the candidate or treasurer must pay personally.", "status": "Referred to House Communications and Technology Committee 2025-02-04; no further action found", "url": "https://www.palegis.us/legislation/bills/2025/hb486" } ], "campaign_checklist": [ "Pennsylvania has no AI disclaimer requirement for political ads today; do not tell clients a state AI label is legally required.", "Do not release AI images or voice clones of a real person (opponent, official, or anyone) presented as real if the aim is to mislead or harm; that can be a crime under the general digital forgery law, 18 Pa.C.S. 4101.1.", "If you use AI depictions of real people for contrast or parody, label them clearly as not genuine; reasonable notice is an affirmative defense.", "Watch HB 811 and SB 1332 through November 30, 2026; if either passes, a fixed AI disclosure (including on robocalls and texts under SB 1332) would apply." ] }, "ai_calls": { "summary": "Pennsylvania has no enacted law aimed at AI voices or political robocalls; federal TCPA rules govern (the FCC confirmed in February 2024 that AI voices are \"artificial\" voices requiring prior express consent for calls to cell phones). The general digital forgery law (18 Pa.C.S. 4101.1, effective 2025-09-05) would reach a call that uses a cloned voice of a real person, presented as genuine, with intent to defraud or injure. Two pending bills target AI voice in political calls: HB 486 would ban artificially generated facsimiles of a human voice in paid political communications, and SB 1332 would require an AI audio tagline at the start of robocalls and other audio political ads that use AI-generated audio.", "laws": [ { "bill": "SB 649 (2025), Act 35 of 2025", "citation": "18 Pa.C.S. 4101.1", "title": "Digital forgery (voice clones)", "enacted": "2025-07-07", "effective": "2025-09-05", "official_url": "https://www.palegis.us/legislation/bills/2025/sb649", "media_covered": "audio recordings of an actual and identifiable individual's voice that are computer-generated or modified", "who_is_covered": "any person", "window": "anytime", "type": "general_law", "intent_standard": "intent to defraud or injure, distributed as genuine", "disclosure_text": null, "disclosure_specs": "Reasonable notice that the content is not genuine is an affirmative defense.", "exemptions": [ "constitutionally protected activity", "technology providers", "information services" ], "penalty_criminal": "Misdemeanor of the first degree; felony of the third degree in a scheme to defraud, coerce, or steal", "penalty_civil": null, "private_right_of_action": null, "injunctive_relief": false, "litigation": null, "notes": "General crime, not election-specific. A generic AI voice agent that does not imitate a real, identifiable person is not a forged digital likeness.", "summary": null, "status": "in_effect" } ] }, "categories": { "election_admin": [ { "bill": "SB 649 (2025), Act 35 of 2025", "citation": "18 Pa.C.S. 4101.1", "title": "Digital forgery (general crime, not election-specific)", "enacted": "2025-07-07", "effective": "2025-09-05", "official_url": "https://www.palegis.us/legislation/bills/2025/sb649", "summary": "A general criminal law, not an election law. It is a first degree misdemeanor (third degree felony in a scheme to defraud, coerce, or steal) to create and distribute a \"forged digital likeness\" (a computer-generated image or voice of a real, identifiable person that materially misrepresents them, is likely to fool a reasonable person, and was made without consent) as genuine, with intent to defraud or injure. It reaches political deepfakes and voice-clone robocalls of candidates when made with that intent, at any time of year; taking reasonable action to tell viewers or listeners the content is not genuine is an affirmative defense, and constitutionally protected activity is excepted.", "status": "in_effect", "notes": "Approved by the Governor 2025-07-07; the act takes effect in 60 days (2025-09-05). Public Citizen lists it as Pennsylvania's election deepfake law, but it has no election window, no disclaimer wording, and no candidate-specific trigger." } ] }, "sources": [ { "title": "Pennsylvania General Assembly: SB 649 (2025) bill history, Act 35 of 2025 (archived 2026)", "url": "https://web.archive.org/web/2026/https://www.palegis.us/legislation/bills/2025/sb649" }, { "title": "Pennsylvania General Assembly: HB 811 (2025) bill history (archived 2026-10-03)", "url": "https://web.archive.org/web/20261003153030/https://www.palegis.us/legislation/bills/2025/hb811" }, { "title": "Pennsylvania SB 649 (2025), Act 35 of 2025, enacted text via State Net", "url": "https://custom.statenet.com/public/resources.cgi?id=ID:bill:PA2025000S649&ciq=ncsl&client_md=&mode=current_text" }, { "title": "Pennsylvania HB 811 (2025) amended text, via State Net", "url": "https://custom.statenet.com/public/resources.cgi?id=ID:bill:PA2025000H811&ciq=ncsl&client_md=&mode=current_text" }, { "title": "Pennsylvania SB 1332 (2026) introduced text, via State Net", "url": "https://custom.statenet.com/public/resources.cgi?id=ID:bill:PA2025000S1332&ciq=ncsl&client_md=&mode=current_text" }, { "title": "Pennsylvania HB 486 (2025) introduced text, via State Net", "url": "https://custom.statenet.com/public/resources.cgi?id=ID:bill:PA2025000H486&ciq=ncsl&client_md=&mode=current_text" }, { "title": "Public Citizen: Tracker of State Legislation on Deepfakes in Elections", "url": "https://www.citizen.org/article/tracker-legislation-on-deepfakes-in-elections/" } ], "unverified": [ "palegis.us refused direct connections; bill histories were read from Internet Archive snapshots of the official pages (HB 811 snapshot dated 2026-10-03) and texts from State Net.", "No Pennsylvania statute restricting political robocalls or automated dialing was found, but Pennsylvania's telemarketing laws were not reviewed in full." ] }, { "abbr": "RI", "name": "Rhode Island", "slug": "rhode-island", "last_verified": "2026-10-05", "headline": "In the 90 days before any Rhode Island election with candidates on the ballot, candidates, committees, parties, and independent spenders may not distribute deceptive AI deepfakes of a candidate unless they carry a disclosure that the media \"has been manipulated or generated by artificial intelligence,\" and depicted candidates can sue.", "election": { "status": "disclosure", "summary": "Since July 2, 2025, a candidate, campaign committee, PAC, party committee, or anyone making an independent expenditure may not, within 90 days of an election at which a candidate will appear on the ballot, distribute synthetic media they know or should know is deceptive and fraudulent. The ban lifts if the media includes a disclosure that it has been manipulated or generated by artificial intelligence, shown in readable type (no smaller than the largest other text, and for the full length of a video) or, for audio, read at the start, the end, and every two minutes. Depicted candidates (including incumbents) can sue for an injunction and for damages against whoever generated the media, but must prove the violation by clear and convincing evidence. There is no criminal penalty.", "laws": [ { "bill": "S 816 Sub A and H 5872 Sub A (2025), Public Laws 2025 ch. 410 and ch. 409", "citation": "R.I. Gen. Laws 17-30-1 to 17-30-4", "title": "Deceptive and Fraudulent Synthetic Media in Election Communications", "enacted": "2025-07-02", "effective": "2025-07-02", "official_url": "https://webserver.rilegislature.gov/Statutes/TITLE17/17-30/INDEX.htm", "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 gives a fundamentally different impression than the original", "who_is_covered": "candidates (including incumbents and office holders), authorized candidate campaign committees, political action committees, political party committees, and persons or entities making independent expenditures (as defined in 17-25-3)", "window": "within 90 days of any election at which a candidate for elective office will appear on the ballot", "type": "ban_unless_disclosed", "intent_standard": "knows or should know the synthetic media is deceptive and fraudulent", "disclosure_text": null, "disclosure_specs": "A disclosure \"stating that the image has been manipulated or generated by artificial intelligence\" (statutory phrasing; no fixed script). Visual: easily readable by the average viewer and no smaller than the largest font size of any other text in the media; for video, shown for the entire video. Audio only (when no visual disclosure is feasible): read clearly at a speed and pitch easily heard by the average listener, at the beginning and end, and at intervals of no more than two minutes if the audio runs longer than two minutes.", "exemptions": [ "radio and TV stations, cable or satellite operators, programmers, producers, mobile apps, and streaming services that air the media, unless acting as a PAC or independent spender", "news websites, newspapers, magazines, and periodicals that routinely carry news and commentary, if they clearly state the media does not accurately represent the candidate's speech or conduct", "satire or parody", "interactive computer services (47 U.S.C. 230)", "security, fraud prevention, and law enforcement activities" ], "penalty_criminal": null, "penalty_civil": "General or special damages against the party that generated the synthetic media; court may award prevailing party reasonable attorney fees and costs", "private_right_of_action": "Yes. A candidate depicted in violating synthetic media may seek an injunction or other equitable relief against the distributing candidate, committee, PAC, party, or independent spender, and damages against whoever generated it. Clear and convincing evidence standard.", "injunctive_relief": true, "litigation": null, "notes": "Codified at R.I. Gen. Laws 17-30-1 to 17-30-4 (history: P.L. 2025, ch. 409 and ch. 410, effective July 2, 2025). Two identical bills were enacted the same day, effective on passage. The law covers only campaign actors, not ordinary individuals who are not making independent expenditures. Severability clause included.", "summary": null, "status": "in_effect" } ], "pending": [ { "bill": "None found", "title": "Public Citizen's tracker lists no further Rhode Island election deepfake bills after the 2025 enactments.", "status": "No election AI bills pending", "url": "https://www.citizen.org/article/tracker-legislation-on-deepfakes-in-elections/" } ], "campaign_checklist": [ "Inside the 90 day window, never distribute a realistic AI-altered image, audio, or video of a candidate without a disclosure that it was manipulated or generated by artificial intelligence.", "For video, keep the disclosure on screen the whole time and at least as large as the biggest other text. For audio or robocalls, read it at the start and end, and every two minutes on long pieces.", "Independent expenditure groups are covered the same as campaigns.", "Satire and parody are exempt, but the plaintiff only has to show clear and convincing evidence of deception, so label anything that could be mistaken for real." ] }, "ai_calls": { "summary": "Rhode Island has no AI-specific rule for political calls. The synthetic media law (R.I. Gen. Laws 17-30) covers audio, so a robocall from a campaign or independent spender that uses an AI-manipulated voice of a real candidate within 90 days of an election must read the AI disclosure at the beginning, the end, and every two minutes. A generic AI voice that does not depict a real individual is not synthetic media under this law. Rhode Island also makes it a misdemeanor (fine up to $200 per occurrence) to operate an automatic telephone dialing system that fails to disconnect within 5 seconds after the called party hangs up (R.I. Gen. Laws 11-35-26), with no political exemption in the text. Federal TCPA rules on artificial voices also apply.", "laws": [ { "bill": "S 816 / H 5872 (2025)", "citation": "R.I. Gen. Laws 17-30-1(d)(3)", "title": "Synthetic media disclosure (audio)", "enacted": "2025-07-02", "effective": "2025-07-02", "official_url": "https://webserver.rilegislature.gov/Statutes/TITLE17/17-30/INDEX.htm", "media_covered": "audio-only synthetic media of a real individual", "who_is_covered": "candidates, campaign committees, PACs, party committees, independent spenders", "window": "within 90 days of an election with candidates on the ballot", "type": "ban_unless_disclosed", "intent_standard": "knows or should know it is deceptive and fraudulent", "disclosure_text": null, "disclosure_specs": "Disclosure that the media has been manipulated or generated by artificial intelligence, read clearly at the beginning and end, and every two minutes or less if longer than two minutes.", "exemptions": [ "broadcasters and streaming services", "satire or parody", "interactive computer services" ], "penalty_criminal": null, "penalty_civil": "Damages, fees, and costs", "private_right_of_action": "Depicted candidate", "injunctive_relief": true, "litigation": null, "notes": null, "summary": null, "status": "in_effect" }, { "bill": null, "citation": "R.I. Gen. Laws 11-35-26", "title": "Automatic telephone dialing systems failing to disconnect", "enacted": null, "effective": null, "official_url": "https://webserver.rilegislature.gov/Statutes/TITLE11/11-35/11-35-26.htm", "media_covered": "automatic telephone dialing systems that store or generate numbers and deliver prerecorded messages", "who_is_covered": "anyone operating such a system", "window": "anytime", "type": "ban", "intent_standard": null, "disclosure_text": null, "disclosure_specs": "System must disconnect within 5 seconds after the called party hangs up.", "exemptions": [], "penalty_criminal": "Misdemeanor, fine up to $200 per occurrence", "penalty_civil": null, "private_right_of_action": null, "injunctive_relief": false, "litigation": null, "notes": "Official text confirmed (P.L. 1987, ch. 59). No political exemption.", "summary": null, "status": "in_effect" } ] }, "categories": { "election_admin": [] }, "sources": [ { "title": "Rhode Island S 816 Sub A (2025), Public Law ch. 410, via State Net", "url": "https://custom.statenet.com/public/resources.cgi?id=ID:bill:RI2025000S816&ciq=ncsl&client_md=&mode=current_text" }, { "title": "Rhode Island H 5872 Sub A (2025), Public Law ch. 409, via State Net", "url": "https://custom.statenet.com/public/resources.cgi?id=ID:bill:RI2025000H5872&ciq=ncsl&client_md=&mode=current_text" }, { "title": "R.I. Gen. Laws chapter 17-30 (official, archived 2026-10-03)", "url": "https://web.archive.org/web/20261003153343/https://webserver.rilegislature.gov/Statutes/TITLE17/17-30/INDEX.htm" }, { "title": "R.I. Gen. Laws 11-35-26 (FindLaw)", "url": "https://codes.findlaw.com/ri/title-11-criminal-offenses/ri-gen-laws-sect-11-35-26/" }, { "title": "Public Citizen: Tracker of State Legislation on Deepfakes in Elections", "url": "https://www.citizen.org/article/tracker-legislation-on-deepfakes-in-elections/" }, { "title": "R.I. Gen. Laws 11-35-26 (official, archived)", "url": "https://web.archive.org/web/2026/https://webserver.rilegislature.gov/Statutes/TITLE11/11-35/11-35-26.htm" } ], "unverified": [ "Whether the governor signed the bills or let them become law without signature was not confirmed; the official history shows both effective July 2, 2025.", "No Rhode Island 2026 election AI bills were found, but the Rhode Island bill search could not be run directly." ] }, { "abbr": "SC", "name": "South Carolina", "slug": "south-carolina", "last_verified": "2026-10-05", "headline": "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.", "election": { "status": "none", "summary": "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.", "laws": [], "pending": [ { "bill": "H 3517 (126th General Assembly, 2025 to 2026)", "title": "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", "status": "Failed. Prefiled 2024-12-05, referred to House Judiciary 2025-01-14, no further action; Public Citizen lists it as failed May 2026.", "url": "https://www.scstatehouse.gov/billsearch.php?billnumbers=3517&session=126&summary=B" } ], "campaign_checklist": [ "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_calls": { "summary": "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.", "laws": [ { "bill": "1988 Act No. 656, amended 1991 Act No. 89", "citation": "S.C. Code 16-17-446", "title": "Regulation of automatically dialed announcing device (ADAD)", "enacted": null, "effective": null, "official_url": "https://www.scstatehouse.gov/code/t16c017.php", "media_covered": "automatically dialed devices delivering a recorded message without a live operator, expressly including political calls", "who_is_covered": "anyone placing ADAD calls, including political campaigns", "window": "anytime", "type": "ban", "intent_standard": null, "disclosure_text": null, "disclosure_specs": "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.", "exemptions": [], "penalty_criminal": "As written, the penalty cross-references S.C. Code 16-17-445(F), which was deleted in 2018", "penalty_civil": null, "private_right_of_action": null, "injunctive_relief": false, "litigation": "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.", "summary": null, "status": "enjoined" } ] }, "categories": { "election_admin": [] }, "sources": [ { "title": "South Carolina Legislature: H 3517 (2025 to 2026) bill status", "url": "https://www.scstatehouse.gov/billsearch.php?billnumbers=3517&session=126&summary=B" }, { "title": "South Carolina H 3517 introduced text, via State Net", "url": "https://custom.statenet.com/public/resources.cgi?id=ID:bill:SC2025000H3517&ciq=ncsl&client_md=&mode=current_text" }, { "title": "S.C. Code Title 16, Chapter 17 (includes 16-17-446)", "url": "https://www.scstatehouse.gov/code/t16c017.php" }, { "title": "Public Citizen: Tracker of State Legislation on Deepfakes in Elections", "url": "https://www.citizen.org/article/tracker-legislation-on-deepfakes-in-elections/" }, { "title": "Cahaly v. LaRosa, 796 F.3d 399 (4th Cir. 2015), CourtListener search", "url": "https://www.courtlistener.com/?q=Cahaly%20v.%20LaRosa" } ], "unverified": [ "A keyword search of all 2025 to 2026 South Carolina bills for \"deepfake\" or \"artificial intelligence\" could not be run on the legislature site; the conclusion that no other election AI bill moved relies on Public Citizen's tracker plus the H 3517 status page." ] }, { "abbr": "SD", "name": "South Dakota", "slug": "south-dakota", "last_verified": "2026-10-05", "headline": "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.", "election": { "status": "disclosure", "summary": "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.", "laws": [ { "bill": "SB 164 (2025), SL 2025 ch. 68", "citation": "S.D. Codified Laws 12-26-32 to 12-26-37", "title": "Prohibit the use of a deepfake to influence an election", "enacted": "2025-03-31", "effective": "2025-07-01", "official_url": "https://sdlegislature.gov/Session/Bill/26046", "media_covered": "images, audio recordings, and video recordings created or manipulated with AI or other digital technology", "who_is_covered": "any person who disseminates a deepfake or contracts to disseminate one", "window": "within 90 days of an election", "type": "ban_unless_disclosed", "intent_standard": "intent to injure a candidate, and knows or reasonably should know the item is a deepfake", "disclosure_text": "This (image/video/audio) has been manipulated or generated by artificial intelligence.", "disclosure_specs": "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" ], "penalty_criminal": "Class 1 misdemeanor (in South Dakota, up to 1 year in county jail, a $2,000 fine, or both)", "penalty_civil": "Damages, reasonable costs and attorney fees, and other relief to the candidate and the depicted individual", "private_right_of_action": "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.", "injunctive_relief": true, "litigation": null, "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.", "summary": null, "status": "in_effect" } ], "pending": [ { "bill": "None", "title": "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).", "status": "No election AI bills pending; the 2026 session has adjourned", "url": "https://sdlegislature.gov/Session/Bills/71" } ], "campaign_checklist": [ "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_calls": { "summary": "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.", "laws": [ { "bill": "SB 164 (2025)", "citation": "S.D. Codified Laws 12-26-33 and 12-26-37", "title": "Election deepfakes (audio)", "enacted": "2025-03-31", "effective": "2025-07-01", "official_url": "https://sdlegislature.gov/Session/Bill/26046", "media_covered": "AI-generated or manipulated audio depicting a real person", "who_is_covered": "any person", "window": "within 90 days of an election", "type": "ban_unless_disclosed", "intent_standard": "intent to injure a candidate", "disclosure_text": "This (image/video/audio) has been manipulated or generated by artificial intelligence.", "disclosure_specs": "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" ], "penalty_criminal": "Class 1 misdemeanor", "penalty_civil": "Damages, costs, and attorney fees", "private_right_of_action": "Candidate and depicted individual", "injunctive_relief": true, "litigation": null, "notes": null, "summary": null, "status": "in_effect" } ] }, "categories": { "election_admin": [] }, "sources": [ { "title": "South Dakota Legislature: SB 164 (2025) bill page", "url": "https://sdlegislature.gov/Session/Bill/26046" }, { "title": "South Dakota Legislature API: SB 164 action log", "url": "https://sdlegislature.gov/api/Bills/ActionLog/26046" }, { "title": "South Dakota SB 164 enrolled text, via State Net", "url": "https://custom.statenet.com/public/resources.cgi?id=ID:bill:SD2025000S164&ciq=ncsl&client_md=&mode=current_text" }, { "title": "SDCL 22-6-2 (misdemeanor penalties)", "url": "https://sdlegislature.gov/Statutes/22-6-2" }, { "title": "SDCL chapter 12-26 (Offenses Against the Elective Franchise)", "url": "https://sdlegislature.gov/Statutes/12-26" }, { "title": "SDCL 12-27-16 (independent expenditure disclaimers)", "url": "https://sdlegislature.gov/Statutes/12-27-16" }, { "title": "SDCL 37-30A-1 (telemarketing definitions)", "url": "https://sdlegislature.gov/Statutes/37-30A-1" }, { "title": "Public Citizen: Tracker of State Legislation on Deepfakes in Elections", "url": "https://www.citizen.org/article/tracker-legislation-on-deepfakes-in-elections/" } ], "unverified": [ "The 2026 bill search was by bill title only; a bill with an unrelated title that touches election AI could have been missed." ] }, { "abbr": "TN", "name": "Tennessee", "slug": "tennessee", "last_verified": "2026-10-05", "headline": "Starting July 1, 2026, a Tennessee political ad that uses an AI deepfake of a candidate must carry exact statutory wording (for audio, \"This communication contains fake content impersonating speech that did not occur.\" at the start and end), and the ELVIS Act separately makes it a civil wrong to use anyone's real or AI-simulated voice or likeness for fundraising without consent.", "election": { "status": "disclosure", "summary": "Tennessee's Transparency for Deepfakes in Political Advertising Act (Public Chapter 625 of 2026, effective July 1, 2026) adds a deepfake rule to the state's political ad disclaimer law. A covered communication that uses an AI deepfake to impersonate a candidate's speech or depict a candidate's actions must state set wording: spoken at the start and end for audio, and in large letters for the whole video. For incumbents the rule applies year round; for non-incumbent candidates it applies only within 120 days before voting begins in an election where they are on the ballot. Violations are a Class C misdemeanor, and the depicted candidate can sue for damages (including $150,000 liquidated damages) and injunctions under the state's deepfake civil remedy statute.", "laws": [ { "bill": "HB 1513 / SB 1624 (2026), Public Chapter 625", "citation": "Tenn. Code Ann. 2-19-120(a)(6); deepfake defined in 39-17-1902; remedies in 39-17-1904", "title": "Transparency for Deepfakes in Political Advertising Act", "enacted": "2026-03-26", "effective": "2026-07-01", "official_url": "https://wapp.capitol.tn.gov/apps/BillInfo/Default.aspx?BillNumber=HB1513&GA=114", "media_covered": "audio and video deepfakes, meaning videos, images, or audio files generated or manipulated by AI to realistically portray something that did not occur, that impersonate or depict a candidate", "who_is_covered": "whoever finances a communication covered by 2-19-120(a): communications expressly advocating the election or defeat of a clearly identified candidate or soliciting contributions through a broadcasting station, newspaper, magazine, outdoor advertising, poster, yard sign, direct mailing, or any other form of general public political advertising", "window": "anytime for depictions of incumbent officeholders; within 120 days of the initiation of voting in an election where the depicted candidate is on the ballot for non-incumbents", "type": "disclosure_required", "intent_standard": "None stated. Applies when the communication is a deepfake impersonating or depicting a candidate saying or doing something they did not do.", "disclosure_text": "Audio: \"This communication contains fake content impersonating speech that did not occur.\" Video only: \"This communication contains fake content depicting actions that did not occur.\" Audio and video: \"This communication contains fake content depicting actions and speech that did not occur.\"", "disclosure_specs": "Audio: clearly stated at the beginning and at the end of the communication. Video: clearly stated in large letters for the duration of the video.", "exemptions": [ "hosts, third-party producers, internet service providers, search engines, and cloud providers that only provide access or transmission and did not create the deepfake", "radio and TV stations, cable or satellite operators, and streaming or programming services paid to broadcast the material, if not responsible for creating it" ], "penalty_criminal": "Class C misdemeanor (2-19-120 penalty provision); in Tennessee that is up to 30 days in jail and a fine up to $50", "penalty_civil": "Through 39-17-1904: the defendant's monetary gains, actual damages (including emotional distress) or liquidated damages of $150,000, punitive damages, and costs and reasonable attorney fees", "private_right_of_action": "Yes. The impersonated or depicted candidate may recover damages and equitable relief under 39-17-1904 (except subsection (c), the pseudonym provision).", "injunctive_relief": true, "litigation": null, "notes": "There is no ban; a labeled deepfake is lawful under this section. No satire or parody exemption in the text. Whether phone calls count as \"general public political advertising\" under 2-19-120(a) is not settled; treat recorded AI voice calls that impersonate a candidate as covered. FindLaw's current Tennessee Code shows subdivision (a)(6) in force. Passed March 12, 2026; approved March 26, 2026 (Public Chapter 625).", "summary": null, "status": "in_effect" } ], "pending": [ { "bill": "SB 2321 / HB 2214 (2026)", "title": "Deceptive and fraudulent electoral deepfakes: would have banned distributing an electoral deepfake of a state or local candidate or party within 90 days of an election unless labeled \"This _____ has been manipulated or generated by artificial intelligence.\"", "status": "Failed (session adjourned April 2026 without passage, per Public Citizen)", "url": "https://custom.statenet.com/public/resources.cgi?id=ID:bill:TN2025000S2321&ciq=ncsl&client_md=&mode=current_text" } ], "campaign_checklist": [ "From July 1, 2026, any ad, mailer video, or recorded call that uses an AI deepfake of a candidate must use the exact Tennessee wording for its format. Audio: say it at the start and the end. Video: large text the whole time.", "For non-incumbent opponents the label duty runs in the 120 days before voting starts (early voting counts); for incumbents it never switches off.", "Do not use any real person's voice or likeness, real or AI-cloned, in fundraising or donation asks without written consent; the ELVIS Act creates civil liability.", "Satire is not exempt from the political ad label rule, so label parody deepfakes too." ] }, "ai_calls": { "summary": "Three Tennessee laws touch AI voice calls. (1) The new deepfake disclaimer rule (2-19-120(a)(6), effective July 1, 2026) requires an audio deepfake impersonating a candidate in political advertising to say \"This communication contains fake content impersonating speech that did not occur.\" at the start and end. (2) The ELVIS Act (2024) makes it a civil wrong to knowingly use any individual's voice, defined to include a simulation of the voice, \"for purposes of fundraising, solicitation of donations\" without prior consent, so an AI clone of a candidate, celebrity, or any identifiable person in a fundraising call needs that person's consent. (3) Tennessee's ADAD statute (Tenn. Code 47-18-1502) restricts automatic dialing and recorded message equipment used for advertising, soliciting, or \"conducting polls or soliciting information\": prior consent or a live operator introduction is needed, calls only 8 a.m. to 9 p.m., the caller's name and phone number within the first 25 seconds and at the end, and disconnection within 10 seconds of hang-up. No political exemption appears in the text, though its application to political robocalls was not confirmed.", "laws": [ { "bill": "HB 1513 / SB 1624 (2026), Public Chapter 625", "citation": "Tenn. Code Ann. 2-19-120(a)(6)(A)", "title": "Transparency for Deepfakes in Political Advertising Act (audio)", "enacted": "2026-03-26", "effective": "2026-07-01", "official_url": "https://wapp.capitol.tn.gov/apps/BillInfo/Default.aspx?BillNumber=HB1513&GA=114", "media_covered": "audio deepfakes impersonating a candidate's speech", "who_is_covered": "sponsors of political advertising covered by 2-19-120(a)", "window": "anytime for incumbents; within 120 days of the start of voting for non-incumbents", "type": "disclosure_required", "intent_standard": null, "disclosure_text": "This communication contains fake content impersonating speech that did not occur.", "disclosure_specs": "Clearly stated at the beginning and at the end of the communication.", "exemptions": [ "carriers, hosts, and paid broadcasters not responsible for creating the deepfake" ], "penalty_criminal": "Class C misdemeanor", "penalty_civil": "Candidate remedies under 39-17-1904, including $150,000 liquidated damages", "private_right_of_action": "Depicted candidate", "injunctive_relief": true, "litigation": null, "notes": "Applies only to AI audio that impersonates a candidate. A generic AI voice that does not pretend to be a candidate is not a deepfake under this rule.", "summary": null, "status": "in_effect" }, { "bill": "HB 2091 / SB 2096 (2024), Public Chapter 588, Ensuring Likeness, Voice, and Image Security (ELVIS) Act", "citation": "Tenn. Code Ann. 47-25-1101 to 47-25-1108 (key provisions 47-25-1102, 47-25-1105, 47-25-1107)", "title": "ELVIS Act (voice and likeness rights, including AI simulations)", "enacted": "2024-03-21", "effective": "2024-07-01", "official_url": "https://wapp.capitol.tn.gov/apps/BillInfo/Default.aspx?BillNumber=HB2091&GA=113", "media_covered": "an individual's name, photograph, voice, or likeness in any medium; \"voice\" includes a simulation of the individual's voice", "who_is_covered": "any person who knowingly uses the voice or likeness for advertising or for fundraising or solicitation of donations; also anyone who distributes the voice or likeness knowing it was unauthorized, and anyone who distributes a tool whose primary purpose is producing a specific person's voice or likeness without authorization", "window": "anytime", "type": "ban", "intent_standard": "knowing use without the individual's prior consent", "disclosure_text": null, "disclosure_specs": null, "exemptions": [ "news, public affairs, or sports broadcasts or accounts", "comment, criticism, scholarship, satire, or parody", "fleeting or incidental use", "certain audiovisual works and their promotion" ], "penalty_criminal": "The Act amended the criminal provision at 39-14-152; criminal exposure not analyzed here", "penalty_civil": "Civil action for injunctions and damages", "private_right_of_action": "Yes. The individual (or rights holder) whose voice or likeness was used.", "injunctive_relief": true, "litigation": null, "notes": "Relevant to campaigns because the ban expressly covers fundraising and donation solicitation. Political commentary or criticism is a fair use under 47-25-1107, but a fundraising call using a cloned voice is a separate use. Whether a paid political ad is \"commercial\" is a question of fact under 47-25-1107.", "summary": null, "status": "in_effect" }, { "bill": "Consumer Telemarketing Protection Act of 1990", "citation": "Tenn. Code Ann. 47-18-1501 and 47-18-1502", "title": "Automatic dialing and recorded message (ADAD) equipment", "enacted": null, "effective": null, "official_url": "https://codes.findlaw.com/tn/title-47-commercial-instruments-and-transactions/tn-code-sect-47-18-1502/", "media_covered": "devices that automatically dial numbers and play recorded messages", "who_is_covered": "anyone using ADAD equipment for advertising or offering goods, services, or property, or for conducting polls or soliciting information", "window": "anytime", "type": "ban_unless_disclosed", "intent_standard": null, "disclosure_text": null, "disclosure_specs": "Prior consent, or a live operator who introduces the call and states that a recorded message will play. Calls only between 8 a.m. and 9 p.m. Name and telephone number of the person or organization making the call within the first 25 seconds and at the end. Must disconnect within 10 seconds after the called person hangs up or declines. No calls to hospitals, nursing homes, fire, or law enforcement agencies.", "exemptions": [], "penalty_criminal": null, "penalty_civil": null, "private_right_of_action": null, "injunctive_relief": false, "litigation": null, "notes": "The \"conducting polls or soliciting information\" language could reach political survey and voter ID robocalls. Enforcement provisions and any political exemption were not confirmed.", "summary": null, "status": "in_effect" } ] }, "categories": { "election_admin": [] }, "sources": [ { "title": "Tennessee HB 1513 (2026) enacted text, Public Chapter 625, via State Net", "url": "https://custom.statenet.com/public/resources.cgi?id=ID:bill:TN2025000H1513&ciq=ncsl&client_md=&mode=current_text" }, { "title": "Tennessee General Assembly: HB 1513 bill page", "url": "https://wapp.capitol.tn.gov/apps/BillInfo/Default.aspx?BillNumber=HB1513&GA=114" }, { "title": "Tenn. Code 2-19-120 (FindLaw)", "url": "https://codes.findlaw.com/tn/title-2-elections/tn-code-sect-2-19-120/" }, { "title": "Tenn. Code 39-17-1902 (FindLaw)", "url": "https://codes.findlaw.com/tn/title-39-criminal-offenses/tn-code-sect-39-17-1902/" }, { "title": "Tenn. Code 39-17-1904 (FindLaw)", "url": "https://codes.findlaw.com/tn/title-39-criminal-offenses/tn-code-sect-39-17-1904/" }, { "title": "Tennessee HB 2091 (2024) ELVIS Act enacted text, Public Chapter 588, via State Net", "url": "https://custom.statenet.com/public/resources.cgi?id=ID:bill:TN2023000H2091&ciq=ncsl&client_md=&mode=current_text" }, { "title": "Tenn. Code 47-25-1105 (FindLaw)", "url": "https://codes.findlaw.com/tn/title-47-commercial-instruments-and-transactions/tn-code-sect-47-25-1105/" }, { "title": "Tenn. Code 47-25-1107 (FindLaw)", "url": "https://codes.findlaw.com/tn/title-47-commercial-instruments-and-transactions/tn-code-sect-47-25-1107/" }, { "title": "Tenn. Code 47-18-1502 (FindLaw)", "url": "https://codes.findlaw.com/tn/title-47-commercial-instruments-and-transactions/tn-code-sect-47-18-1502/" }, { "title": "Tennessee SB 2321 (2026) introduced text, via State Net", "url": "https://custom.statenet.com/public/resources.cgi?id=ID:bill:TN2025000S2321&ciq=ncsl&client_md=&mode=current_text" }, { "title": "Public Citizen: Tracker of State Legislation on Deepfakes in Elections", "url": "https://www.citizen.org/article/tracker-legislation-on-deepfakes-in-elections/" } ], "unverified": [ "capitol.tn.gov could not be reached; Public Chapter 625 text, passage (2026-03-12) and approval (2026-03-26) dates were confirmed from the State Net enacted version, and codification at 2-19-120(a)(6) with the Class C misdemeanor penalty in 2-19-120(c) from FindLaw.", "Whether recorded phone calls are \"general public political advertising\" under 2-19-120(a) is not settled.", "SB 2321 / HB 2214 failure date (April 2026) is from Public Citizen, not the official bill page.", "Application of the ADAD statute (47-18-1502) to political robocalls, and its penalty section, were not confirmed; text read through FindLaw summaries.", "The Class C misdemeanor jail and fine ranges come from Tennessee's general sentencing statute and were not separately fetched." ] }, { "abbr": "TX", "name": "Texas", "slug": "texas", "last_verified": "2026-10-05", "headline": "Texas makes it a Class A misdemeanor to create a deceptive deepfake video meant to injure a candidate or sway an election and release it within 30 days of an election; the 2025 bill that would have added an AI disclosure rule for political ads (HB 366) passed the House but died in the Senate, so there is no AI disclaimer requirement.", "election": { "status": "ban", "summary": "Since September 1, 2019, a person commits a crime if, intending to injure a candidate or influence an election result, they create a deep fake video and cause it to be published or distributed within 30 days of an election. The law covers video only (not audio or still images) and has no disclosure safe harbor and no written exemptions. Texas has no AI disclaimer requirement for political ads: HB 366 (2025) passed the House 102 to 40 but never moved in the Senate, SB 893 passed the Senate but died in the House, and HB 142 (first called session, 2025) was filed but never acted on. The Legislature does not meet in regular session again until January 2027.", "laws": [ { "bill": "SB 751 (2019, 86th Legislature)", "citation": "Tex. Elec. Code 255.004(d) and (e); penalty in 255.004(c)", "title": "Fabricating a deceptive video with intent to influence the outcome of an election", "enacted": "2019-06-14", "effective": "2019-09-01", "official_url": "https://capitol.texas.gov/BillLookup/History.aspx?LegSess=86R&Bill=SB751", "media_covered": "video only. A \"deep fake video\" is a video, created with the intent to deceive, that appears to depict a real person performing an action that did not occur in reality.", "who_is_covered": "any person", "window": "publication or distribution within 30 days of an election", "type": "ban", "intent_standard": "intent to injure a candidate or influence the result of an election, plus the video itself must be created with intent to deceive", "disclosure_text": null, "disclosure_specs": null, "exemptions": [], "penalty_criminal": "Class A misdemeanor (Tex. Elec. Code 255.004(c)); under Texas Penal Code 12.21 that is up to 1 year in county jail and a fine up to $4,000", "penalty_civil": null, "private_right_of_action": null, "injunctive_relief": false, "litigation": "No challenge to subsection (d) found. A neighboring subsection, 255.004(b) (misrepresenting the true source of a campaign communication), was struck down as facially overbroad under the First Amendment by the Texas Court of Criminal Appeals in Ex parte Stafford (Sept. 2024). Subsection (d) was not before the court, but the ruling signals that broad speech restrictions in this section face strict scrutiny.", "notes": "The statute does not say how a label or disclaimer affects liability, and it has no satire, parody, or news exemption in the text. Because the video must be created with intent to deceive, clearly labeled parody is a strong defense in practice, but that is a constitutional argument, not a statutory safe harbor. AI audio (voice clones) and AI still images are not covered by this section.", "summary": null, "status": "in_effect" } ], "pending": [ { "bill": "HB 366 (89th Legislature, regular session, 2025)", "title": "Required disclosures on political advertising that contains altered media; would have required a disclosure that the content \"did not occur in reality\" for candidates, officeholders, and committees spending over $100, with a Class A misdemeanor penalty", "status": "Dead. Passed the House 2025-04-30 (102 to 40), received by the Senate the same day, no further Senate action before the session ended 2025-06-02. Did not become law.", "url": "https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB366" }, { "bill": "SB 893 (89th Legislature, regular session, 2025)", "title": "Criminal offenses for creating and distributing certain misleading images, audio recordings, and videos", "status": "Dead. Passed the Senate 2025-03-24, referred to House Elections Committee 2025-04-09, no further action.", "url": "https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=SB893" }, { "bill": "HB 142 (89th Legislature, 1st called session, 2025)", "title": "Required disclosures on political advertising that contains altered media (refiled version of HB 366)", "status": "Dead. Filed 2025-07-21, no further action; the special session has ended.", "url": "https://capitol.texas.gov/BillLookup/History.aspx?LegSess=891&Bill=HB142" } ], "campaign_checklist": [ "Do not create or release a realistic fake video of any real person (candidate or not) doing something they did not do within 30 days of a Texas election. This is a criminal offense even if you add a label.", "AI audio and AI still images are not covered by 255.004(d), but defamation and other general law still apply. Treat voice clones of real candidates as high risk.", "No Texas AI disclaimer is required in political ads today, but the standard political advertising disclosure (Tex. Elec. Code 255.001) still applies to ads that require one.", "Watch the 2027 session: an HB 366 style disclosure bill passed the House in 2025 and is likely to return." ] }, "ai_calls": { "summary": "Texas has no law aimed specifically at AI voices in political calls. Two older laws matter. First, Texas Utilities Code chapter 55, subchapter F regulates any \"automated dial announcing device\" that plays a \"prerecorded or synthesized voice message\" for unsolicited calls (\"telephone solicitation\" is defined simply as \"an unsolicited call\"), which on its face reaches an AI voice robocall; it requires a PUC permit, a message that states the nature of the call, the caller's identity, and the calling number within the first 30 seconds, and disconnection within 5 seconds of hang-up. There is no political exemption in the text, though whether the PUC applies it to political calls was not confirmed. Second, Texas Business and Commerce Code 305.053 lets any person who receives a call that violates the federal TCPA (for example an artificial or AI voice call to a cell phone without prior express consent, which the FCC confirmed in February 2024 covers AI voices) sue in Texas state court for $500 per violation, up to $1,500 if knowing or intentional.", "laws": [ { "bill": "Automatic Dial Announcing Devices (1997, amended 2013 by SB 1040)", "citation": "Tex. Util. Code 55.121 to 55.137; PUC rule 16 TAC 26.125", "title": "Automatic Dial Announcing Devices (ADAD)", "enacted": null, "effective": "1997-09-01", "official_url": "https://statutes.capitol.texas.gov/Docs/UT/htm/UT.55.htm", "media_covered": "automated equipment that dials stored or generated numbers and conveys a prerecorded or synthesized voice message without a live operator, used for unsolicited calls or collection", "who_is_covered": "any person using an ADAD; exemptions only for certain emergency, school truancy, municipal public safety, and organization-to-member calls (55.122)", "window": "anytime", "type": "disclosure_required", "intent_standard": null, "disclosure_text": null, "disclosure_specs": "Recorded message must state, during the first 30 seconds: the nature of the call, the identity of the person, company, or organization making the call, and the telephone number from which the call is made (55.127). Device must disconnect within 5 seconds after either party ends the call, otherwise a live operator must introduce the call and get oral consent first (55.126). Solicitation messages must be under 30 seconds unless the device can detect an answering machine and end the call within 30 seconds (55.128). No random or sequential dialing (55.124). Telephone solicitation calls only 9 a.m. to 9 p.m. Monday to Saturday and noon to 9 p.m. Sunday (55.125). Written notice to each phone carrier used and a PUC permit are required (55.123, 55.129, 55.130).", "exemptions": [ "emergency or public service calls under a county emergency management program", "school truancy calls", "municipal public health, safety, or welfare calls", "calls by an organization to its own members" ], "penalty_criminal": null, "penalty_civil": "PUC administrative penalty up to $1,000 per day of violation (55.137); permit revocation (55.135); court or PUC may order phone service disconnected (55.136)", "private_right_of_action": null, "injunctive_relief": false, "litigation": null, "notes": "The definition expressly includes a \"synthesized voice message,\" so an AI voice agent that auto-dials is likely an ADAD. Whether the PUC treats political robocalls as \"unsolicited calls\" under this subchapter was not confirmed; the text has no political exemption.", "summary": null, "status": "in_effect" }, { "bill": "HB 2278 (2007)", "citation": "Tex. Bus. & Com. Code 305.053", "title": "State court civil action for TCPA violations", "enacted": null, "effective": "2009-04-01", "official_url": "https://statutes.capitol.texas.gov/Docs/BC/htm/BC.305.htm", "media_covered": "any call or message that violates 47 U.S.C. 227 (TCPA), its FCC rules, or Texas Bus. & Com. Code chapter 305 subchapter A", "who_is_covered": "the person who originates the communication", "window": "anytime", "type": "ban", "intent_standard": "strict liability; higher damages if knowing or intentional", "disclosure_text": null, "disclosure_specs": null, "exemptions": [], "penalty_criminal": null, "penalty_civil": "greater of $500 per violation or actual damages; up to the greater of $1,500 per violation or triple actual damages if knowing or intentional", "private_right_of_action": "Yes. Any person who receives a violating communication may sue in Texas for an injunction, damages, or both.", "injunctive_relief": true, "litigation": null, "notes": "This gives Texas voters a state court path to enforce the federal TCPA, which bars artificial or prerecorded voice calls (including AI voices, per the FCC's February 2024 declaratory ruling) to cell phones without prior express consent, even for political calls. Chapter 305 subchapter A itself (305.001) covers only sales calls to mobile phones.", "summary": null, "status": "in_effect" } ] }, "categories": { "election_admin": [] }, "sources": [ { "title": "Texas Legislature Online: SB 751 (86R) history", "url": "https://capitol.texas.gov/BillLookup/History.aspx?LegSess=86R&Bill=SB751" }, { "title": "SB 751 (86R) enrolled text", "url": "https://capitol.texas.gov/tlodocs/86R/billtext/html/SB00751F.htm" }, { "title": "Tex. Elec. Code 255.004 (public.law mirror of official text)", "url": "https://texas.public.law/statutes/tex._election_code_section_255.004" }, { "title": "Texas Legislature Online: HB 366 (89R) history", "url": "https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB366" }, { "title": "HB 366 (89R) engrossed text", "url": "https://capitol.texas.gov/tlodocs/89R/billtext/html/HB00366E.htm" }, { "title": "Texas Legislature Online: SB 893 (89R) history", "url": "https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=SB893" }, { "title": "Texas Legislature Online: HB 142 (89th, 1st called) history", "url": "https://capitol.texas.gov/BillLookup/History.aspx?LegSess=891&Bill=HB142" }, { "title": "Ex parte Stafford (Tex. Crim. App. 2024)", "url": "https://law.justia.com/cases/texas/court-of-criminal-appeals/2024/pd-0310-23.html" }, { "title": "Tex. Util. Code 55.121 (public.law mirror of official text)", "url": "https://texas.public.law/statutes/tex._utils._code_section_55.121" }, { "title": "Tex. Util. Code 55.127 (public.law mirror of official text)", "url": "https://texas.public.law/statutes/tex._utils._code_section_55.127" }, { "title": "Tex. Bus. & Com. Code 305.053 (public.law mirror of official text)", "url": "https://texas.public.law/statutes/tex._bus._and_com._code_section_305.053" }, { "title": "Public Citizen: Tracker of State Legislation on Deepfakes in Elections", "url": "https://www.citizen.org/article/tracker-legislation-on-deepfakes-in-elections/" } ], "unverified": [ "statutes.capitol.texas.gov is script-only; current 255.004 text (subsections (c) to (e), source note Acts 2019 ch. 1339 only, no later amendment) was confirmed through the public.law mirror and the SB 751 enrolled text.", "Whether the Texas PUC applies the ADAD subchapter (Util. Code ch. 55, subch. F) to political robocalls was not confirmed.", "No Texas AI election bill passed in the 2025 second called session was found, but the full special session bill list was not reviewed line by line." ] }, { "abbr": "UT", "name": "Utah", "slug": "utah", "last_verified": "2026-10-05", "headline": "Any Utah campaign, PAC, or party ad paid for with campaign money that contains AI-generated audio or visuals must carry an exact AI label (for audio, \"Contains content generated by AI.\" spoken at the start and end), which likely includes AI voice robocalls, and online ads must also embed tamper-evident content provenance.", "election": { "status": "disclosure", "summary": "Since May 1, 2024, any audio or visual communication paid for by a candidate committee, PAC, political issues committee, political party, or anyone using a contribution, that is meant to influence a vote on a candidate or ballot proposition in Utah, and that contains media substantially produced by generative AI, must carry fixed AI wording. Audio must say \"Contains content generated by AI.\" at the beginning and end; visuals must show one of four set labels for as long as the AI content is on screen. Online versions must also carry embedded tamper-evident digital content provenance. A court can impose a civil penalty of up to $1,000 per violation. There is no time window and no ban; the rule applies to any AI content, not only deceptive deepfakes of real people.", "laws": [ { "bill": "SB 131 (2024 General Session), Information Technology Act Amendments", "citation": "Utah Code 20A-11-1104", "title": "Disclosure of synthetic media", "enacted": "2024-03-13", "effective": "2024-05-01", "official_url": "https://le.utah.gov/~2024/bills/static/SB0131.html", "media_covered": "audio, images, and video substantially produced by generative AI (\"synthetic audio media\" and \"synthetic visual media\"), whether or not they depict a real person", "who_is_covered": "communications paid for by a candidate campaign committee, political action committee, political issues committee, political party, or a person using a contribution; liability runs to the \"creator\" (person who uses AI to generate the media, not the tool provider) and the \"sponsor\" (person who pays for the content)", "window": "anytime", "type": "disclosure_required", "intent_standard": "None. Applies to any covered communication intended to influence voting for or against a candidate or ballot proposition in a Utah election or primary.", "disclosure_text": "Audio: \"Contains content generated by AI.\" Visual: \"This video content generated by AI\" (synthetic visuals only, video); \"This image generated by AI\" (synthetic visuals only, image); \"This audio content generated by AI\" (video with synthetic audio only); \"This content generated by AI\" (both synthetic audio and visuals).", "disclosure_specs": "Audio: spoken audibly at the beginning and end of the communication. Visual: displayed in legible writing throughout the duration of each portion containing synthetic media. Online digital communications viewable or audible in Utah must also carry embedded tamper-evident digital content provenance (open industry standard) disclosing the initial author and creator, any later editors, and any use of generative AI.", "exemptions": [], "penalty_criminal": null, "penalty_civil": "Up to $1,000 per violation, imposed by a court in a civil action against the creator or sponsor", "private_right_of_action": "The statute refers to \"a civil action brought against the creator or the sponsor ... by a person to enforce this section\" but does not limit who may sue; standing has not been tested in court.", "injunctive_relief": false, "litigation": null, "notes": "No news, satire, or broadcaster exemptions in the text. Compliance does not shield a person from other civil or criminal liability. The same bill created Utah Code 76-3-203.18, which lets a sentencing judge treat use of AI to commit any crime as an aggravating factor (effective July 1, 2024). The audio rule appears to reach AI voice robocalls paid for by a campaign or PAC (see ai_calls). Signed by the Governor 2024-03-13. The official Utah Code version list (archived 2026-05-18, after 2026 session laws took effect) shows only the 2024-05-01 version, so no 2025 or 2026 amendment.", "summary": null, "status": "in_effect" } ], "pending": [ { "bill": "None found", "title": "Public Citizen's tracker lists no Utah election deepfake bills in 2025 or 2026. The 2026 General Session (adjourned March 2026) passed AI bills on deepfake intimate images (HB 276), deepfakes and defamation (SB 256), and AI-generated CSAM (HB 289), but none amending 20A-11-1104 was found.", "status": "No election AI bills pending; next general session January 2027", "url": "https://www.citizen.org/article/tracker-legislation-on-deepfakes-in-elections/" } ], "campaign_checklist": [ "If your campaign, PAC, or party pays for any ad, mailer image, video, or audio that was substantially produced by generative AI, add the exact Utah label. Audio: say \"Contains content generated by AI.\" at the start and the end.", "Treat AI voice robocalls and AI voice agent calls paid with campaign money as audio communications: put the spoken AI line at the start and end of the call.", "For online ads, embed C2PA style tamper-evident provenance metadata showing who created and edited the content and that AI was used. Keep your source files.", "The rule applies to any AI-generated content, not only fakes of real people, and it applies year round." ] }, "ai_calls": { "summary": "Utah's election AI disclosure law (Utah Code 20A-11-1104) covers \"an audio communication\" paid for by a campaign, PAC, party, or anyone using a contribution that contains audio substantially produced by generative AI, so an AI voice robocall or AI voice agent call meant to influence a Utah vote very likely must say \"Contains content generated by AI.\" at the beginning and end. Separately, Utah's Telephone and Facsimile Solicitation Act bars calls using an automated telephone dialing system (equipment that connects to recorded messages or artificial voices) for \"telephone solicitation\" without prior express consent or an established business relationship; telephone solicitation includes calls \"seeking financial donations,\" so political fundraising robocalls may be covered, while pure persuasion or turnout calls likely are not. Utah's AI consumer disclosure law (Utah Code 13-75-103, as rewritten by SB 226 in 2025) requires a supplier using generative AI in a consumer transaction to admit it is AI when clearly asked; political calls are probably not consumer transactions, but answering truthfully is the safe practice.", "laws": [ { "bill": "SB 131 (2024)", "citation": "Utah Code 20A-11-1104(3)", "title": "Disclosure of synthetic media (audio communications)", "enacted": "2024-03-13", "effective": "2024-05-01", "official_url": "https://le.utah.gov/~2024/bills/static/SB0131.html", "media_covered": "audio communications containing audio substantially produced by generative AI", "who_is_covered": "communications paid for by candidate committees, PACs, political issues committees, political parties, or anyone using a contribution", "window": "anytime", "type": "disclosure_required", "intent_standard": "communication intended to influence voting for or against a candidate or ballot proposition", "disclosure_text": "Contains content generated by AI.", "disclosure_specs": "Spoken audibly at the beginning and end of the communication.", "exemptions": [], "penalty_criminal": null, "penalty_civil": "Up to $1,000 per violation", "private_right_of_action": "Civil action \"by a person to enforce this section\"; scope untested", "injunctive_relief": false, "litigation": null, "notes": "No Utah agency guidance or case was found applying this to live interactive AI voice agent calls, but the text (\"an audio communication ... that contains synthetic audio media\") is broad enough to reach them.", "summary": null, "status": "in_effect" }, { "bill": "Telephone and Facsimile Solicitation Act", "citation": "Utah Code 13-25a-102 and 13-25a-103", "title": "Automated telephone dialing systems in telephone solicitation", "enacted": null, "effective": null, "official_url": "https://le.utah.gov/xcode/Title13/Chapter25A/13-25a.html", "media_covered": "calls by an automated telephone dialing system that connects to a recorded message or artificial voice", "who_is_covered": "anyone making a \"telephone solicitation,\" defined to include calls for commercial purposes or \"seeking financial donations\"", "window": "anytime", "type": "ban", "intent_standard": null, "disclosure_text": null, "disclosure_specs": "Automated dialing only with prior express consent of the person called or an established business relationship. Unsolicited calls must promptly identify the caller and purpose, and an automated system must disconnect within 25 seconds if the person declines. Calls between 9 p.m. and 8 a.m., on Sundays, or on legal holidays need prior consent. Caller ID may not be concealed.", "exemptions": [], "penalty_criminal": null, "penalty_civil": null, "private_right_of_action": null, "injunctive_relief": false, "litigation": null, "notes": "Whether \"seeking financial donations\" reaches political fundraising calls has not been confirmed by a Utah court or the Division of Consumer Protection. Penalty provisions were not reviewed.", "summary": null, "status": "in_effect" } ] }, "categories": { "election_admin": [] }, "sources": [ { "title": "Utah SB 131 (2024) enacted text, via State Net", "url": "https://custom.statenet.com/public/resources.cgi?id=ID:bill:UT2024000S131&ciq=ncsl&client_md=&mode=current_text" }, { "title": "Utah Legislature SB 131 (2024) bill page", "url": "https://le.utah.gov/~2024/bills/static/SB0131.html" }, { "title": "Utah Code 20A-11-1104 official version list (archived 2026-05-18)", "url": "https://web.archive.org/web/20260518125504/https://le.utah.gov/xcode/Title20A/Chapter11/20A-11-S1104.html?v=C20A-11-S1104_2024050120240501" }, { "title": "Utah Code 20A-11-1104 (FindLaw)", "url": "https://codes.findlaw.com/ut/title-20a-election-code/ut-code-sect-20a-11-1104/" }, { "title": "Utah SB 226 (2025) enacted text, via State Net", "url": "https://custom.statenet.com/public/resources.cgi?id=ID:bill:UT2025000S226&ciq=ncsl&client_md=&mode=current_text" }, { "title": "Utah Code 13-25a-102 (FindLaw)", "url": "https://codes.findlaw.com/ut/title-13-commerce-and-trade/ut-code-sect-13-25a-102/" }, { "title": "Utah Code 13-25a-103 (FindLaw)", "url": "https://codes.findlaw.com/ut/title-13-commerce-and-trade/ut-code-sect-13-25a-103/" }, { "title": "FastDemocracy: Utah HB 286 (2026) status", "url": "https://fastdemocracy.com/bill-search/ut/2026/bills/UTB00014645/" }, { "title": "Transparency Coalition: Utah 2026 session AI bills", "url": "https://www.transparencycoalition.ai/news/utah-legislators-cap-session-with-nine-ai-bills-passed" }, { "title": "Public Citizen: Tracker of State Legislation on Deepfakes in Elections", "url": "https://www.citizen.org/article/tracker-legislation-on-deepfakes-in-elections/" } ], "unverified": [ "Who may bring the civil action under 20A-11-1104(6) is not specified in the statute; untested.", "Whether 20A-11-1104 applies to live, interactive AI voice agent calls has not been addressed by any Utah agency or court.", "Utah 2026 bills SB 256 (deepfakes and defamation) and HB 276 could not be read on the official site; their reach to candidates or political speech was not confirmed.", "Penalties and the exact text of Utah Code 13-25a-103 (automated dialing) were read through FindLaw summaries only." ] }, { "abbr": "VT", "name": "Vermont", "slug": "vermont", "last_verified": "2026-10-05", "headline": "Since March 5, 2026, anyone who knowingly distributes a deceptive deepfake of a candidate, or AI media that feeds voters materially false election information, within 90 days before a Vermont election must label it with the exact statutory disclosure, or face fines and a candidate injunction suit.", "election": { "status": "disclosure", "summary": "Act 75 of 2026 (S.23, 17 V.S.A. 2031 to 2033 and 2041 to 2042) bars publishing or distributing synthetic media that you know is \"deceptive and fraudulent\" within 90 days before a Vermont election unless it carries a set disclosure. Covered media is any image, audio, or video of a person's appearance, speech, or conduct created or intentionally manipulated with digital technology, including AI, that realistically depicts a candidate in a way that injures the candidate's reputation, or depicts anyone in a way that tries to sway an election (including a public question) with materially false information. Knowing and intentional violations carry fines from $1,000 up to $15,000, the depicted candidate can sue for an injunction, and the Attorney General or a State's Attorney can investigate and sue. A federal court blocked one AG investigation of an AI satire video in Sept. 2026 (Poitras v. Clark) but left the law in force for everyone else.", "laws": [ { "bill": "S.23 (Act 75 of 2026)", "citation": "17 V.S.A. 2031 to 2033 (subchapter 4), 2041 to 2042 (subchapter 5)", "title": "An act relating to the use of synthetic media in elections", "enacted": "2026-03-05", "effective": "2026-03-05", "official_url": "https://legislature.vermont.gov/Documents/2026/Docs/ACTS/ACT075/ACT075%20As%20Enacted.pdf", "media_covered": "Images, audio recordings, and video recordings of an individual's appearance, speech, or conduct created or intentionally manipulated with digital technology, including artificial intelligence. Only \"deceptive and fraudulent\" synthetic media is regulated: media that appears to a reasonable person to realistically depict (A) a political candidate in a way that injures a candidate's reputation, or (B) an individual in a way that attempts to unduly influence an election, including a public question, by giving voters materially false information.", "who_is_covered": "Any person who publishes, communicates, or otherwise distributes the media", "window": "within 90 days before an election in Vermont", "type": "ban_unless_disclosed", "intent_standard": "The person must know the media is deceptive and fraudulent synthetic media; penalties apply to knowing and intentional violations.", "disclosure_text": "This media has been manipulated or generated by digital technology and depicts speech or conduct that did not occur.", "disclosure_specs": "Images and video: text in a size easily readable by the average viewer and accessible to people with disabilities to the greatest extent possible; for video, displayed for the full duration. Audio only: read in a clearly spoken manner, at a pitch and pace easily heard by the average listener, at the beginning and end of the audio, and if longer than two minutes, repeated at intervals of no more than two minutes.", "exemptions": [ "radio, TV, cable, satellite, websites, streaming platforms, and apps airing the media in a bona fide newscast, news interview, documentary, commentary, or on-the-spot news coverage, if the broadcast clearly acknowledges questions about authenticity", "broadcasters and platforms that are paid to broadcast the media", "broadcasters required by federal law to air ads from legally qualified candidates", "newspapers, magazines, periodicals, and news websites that clearly state the media does not accurately represent the person", "satire or parody", "telecommunications and information service providers for content provided by another person", "interactive computer services (47 U.S.C. 230) for content provided by another person" ], "penalty_criminal": null, "penalty_civil": "Fines for knowing and intentional violations (17 V.S.A. 2033(a)): up to $1,000; up to $5,000 with intent to cause violence or bodily harm; up to $10,000 for a repeat violation within five years; up to $15,000 for both. Obstructing an AG or State's Attorney civil investigation: fine up to $5,000.", "private_right_of_action": "A candidate whose appearance, speech, conduct, or environment is misrepresented may seek injunctive or other equitable relief to stop distribution. No damages remedy is created.", "injunctive_relief": true, "litigation": "Poitras v. Clark, No. 2:26-cv-234 (D. Vt.), filed July 8, 2026, challenges Act 75 under the First Amendment (facial and as-applied) after the Attorney General served a civil investigative demand over an AI satire video of Rep. Becca Balint. On Sept. 4, 2026 Judge Sessions granted a narrow preliminary injunction: the AG may not enforce that demand (AGO Matter No. 26-SM-101) or take Act 75 action against the plaintiff over that one video. The court expressly did not rule on the law's facial validity, and said the statute's reference to criminal prosecution is likely severable. Act 75 otherwise remains enforceable; a motion to dismiss was pending as of Oct. 2026.", "notes": "Signed by Gov. Phil Scott March 5, 2026 and effective on passage. The Attorney General or a State's Attorney may bring any action or injunction to prevent or abate violations of 17 V.S.A. chapter 35 and has civil investigative demand powers (17 V.S.A. 2041 to 2042). Section 2033 sets fines without labeling them criminal, but the notice for an investigative demand must warn that a knowing and intentional violation is subject to criminal prosecution; the federal court in Poitras v. Clark questioned that criminal reference and called it likely severable. The Vermont Association of Broadcasters has published guidance on the law.", "summary": null, "status": "in_effect" } ], "pending": [ { "bill": "H.846 (2026)", "title": "Platform requirements for synthetic media (per Public Citizen tracker)", "status": "Failed, May 2026 (session adjourned without passage)", "url": "https://www.citizen.org/article/tracker-legislation-on-deepfakes-in-elections/" } ], "campaign_checklist": [ "Inside 90 days before any Vermont election, put the exact Act 75 disclosure on any AI-altered or AI-generated image, audio, or video that depicts a candidate unfavorably or could mislead voters about the election.", "For AI audio (radio spots, prerecorded calls, voicemail drops), read the disclosure at the start and the end, and every two minutes if the audio runs longer than two minutes.", "For AI video, keep the text disclosure on screen for the entire video, not just the end card.", "Labeling makes it legal under Act 75 but does not shield you from defamation claims; do not depict an opponent saying things they never said.", "Keep the usual \"paid for by\" identification on robotic phone calls and other electioneering communications under 17 V.S.A. 2972; the AI disclosure is in addition to it.", "The AG is actively enforcing Act 75 (it opened an investigation of a social media AI video in June 2026); a court blocked that one case on First Amendment grounds, but do not treat the law as dead." ] }, "ai_calls": { "summary": "Vermont has no statute that specifically regulates AI or artificial voices in political calls, and no ban on political robocalls. Two rules reach campaign calls: robotic phone calls are listed as \"electioneering communications\" and \"mass media activities\" in 17 V.S.A. 2901, so they must carry sponsor identification under 17 V.S.A. 2972, and Act 75 covers audio, so an AI voice clone of a candidate (or AI audio giving voters materially false election information) used within 90 days of an election needs the spoken disclosure at the start and end of the call. Federal TCPA rules on artificial voices still apply.", "laws": [ { "bill": "Existing campaign finance law", "citation": "17 V.S.A. 2901 (definitions) and 17 V.S.A. 2972 (identification)", "title": "Identification in electioneering communications (covers robotic phone calls)", "enacted": null, "effective": null, "official_url": "https://legislature.vermont.gov/statutes/section/17/061/02972", "media_covered": "Electioneering communications, defined to include robotic phone calls and mass electronic or digital communications that refer to a clearly identified candidate and promote, support, attack, or oppose that candidate. A \"telephone bank\" is defined as more than 500 identical or substantially similar calls in a 30-day period.", "who_is_covered": "Any person, candidate, political committee, or political party that pays for an electioneering communication", "window": "anytime", "type": null, "intent_standard": null, "disclosure_text": null, "disclosure_specs": "Must contain the name and mailing address of the payer; an audio electioneering communication paid for by a candidate does not need to include the candidate's address.", "exemptions": [ "lapel stickers and buttons", "individuals acting alone who spend $150 or less in a two-year general election cycle" ], "penalty_criminal": null, "penalty_civil": null, "private_right_of_action": null, "injunctive_relief": null, "litigation": null, "notes": "Not AI-specific. Robotic phone calls are also \"mass media activities\" in 17 V.S.A. 2901, which triggers separate reporting rules close to an election.", "summary": null, "status": "in_effect" }, { "bill": "S.23 (Act 75 of 2026)", "citation": "17 V.S.A. 2032(a)(2)", "title": "Audio deepfake disclosure (applies to prerecorded calls and voicemail)", "enacted": "2026-03-05", "effective": "2026-03-05", "official_url": "https://legislature.vermont.gov/Documents/2026/Docs/ACTS/ACT075/ACT075%20As%20Enacted.pdf", "media_covered": "Audio recordings of an individual's speech created or manipulated with digital technology including AI, when deceptive and fraudulent", "who_is_covered": "Any person distributing the audio", "window": "within 90 days before an election in Vermont", "type": "ban_unless_disclosed", "intent_standard": null, "disclosure_text": "This media has been manipulated or generated by digital technology and depicts speech or conduct that did not occur.", "disclosure_specs": "Spoken at the beginning and end of the audio, and every two minutes or less for audio longer than two minutes.", "exemptions": [ "telecommunications service providers for content provided by another person", "satire or parody" ], "penalty_criminal": null, "penalty_civil": null, "private_right_of_action": null, "injunctive_relief": null, "litigation": null, "notes": "Act 75 regulates media depicting a real individual. A generic AI voice that does not imitate a real person and carries no false election information is not addressed by Act 75 (our reading of the definitions).", "summary": null, "status": "in_effect" } ] }, "categories": { "election_admin": [ { "bill": "S.23 (Act 75 of 2026), section 1", "citation": "17 V.S.A. 2031(1)(B)", "title": "AI media that gives voters materially false election information", "enacted": "2026-03-05", "effective": "2026-03-05", "official_url": "https://legislature.vermont.gov/Documents/2026/Docs/ACTS/ACT075/ACT075%20As%20Enacted.pdf", "summary": "Act 75 is not limited to candidate deepfakes: it also covers realistic synthetic media of any individual that attempts to unduly influence an election or public question by giving voters materially false information, which reaches AI-faked messages from election officials or fake voting-procedure announcements inside the 90-day window.", "status": "in_effect", "notes": "Enforced by the Attorney General and State's Attorneys under new 17 V.S.A. 2041 to 2042, which apply to all of chapter 35." } ] }, "sources": [ { "title": "Vermont Legislature, S.23 (Act 75) bill status", "url": "https://legislature.vermont.gov/bill/status/2026/S.23" }, { "title": "Act 75 of 2026, as enacted (PDF)", "url": "https://legislature.vermont.gov/Documents/2026/Docs/ACTS/ACT075/ACT075%20As%20Enacted.pdf" }, { "title": "Act 75 act summary (PDF)", "url": "https://legislature.vermont.gov/Documents/2026/Docs/ACTS/ACT075/ACT075%20Act%20Summary.pdf" }, { "title": "Governor Scott, action on bills during the 2026 session", "url": "https://governor.vermont.gov/governor-scotts-blog/action-taken-governor-scott-bills-during-2026legislative-session" }, { "title": "17 V.S.A. 2972, identification in electioneering communications", "url": "https://legislature.vermont.gov/statutes/section/17/061/02972" }, { "title": "17 V.S.A. 2901, campaign finance definitions", "url": "https://legislature.vermont.gov/statutes/section/17/061/02901" }, { "title": "Public Citizen, Tracker: State Legislation on Deepfakes in Elections", "url": "https://www.citizen.org/article/tracker-legislation-on-deepfakes-in-elections/" }, { "title": "Vermont Association of Broadcasters, synthetic media disclosure law guidance", "url": "https://vermontbroadcasters.org/political-advertising-refresher-pb-19-forms-vermonts-new-synthetic-media-disclosure-law/" }, { "title": "Poitras v. Clark, No. 2:26-cv-234 (D. Vt.), docket and Sept. 4, 2026 opinion granting narrow preliminary injunction", "url": "https://www.courtlistener.com/docket/73590007/poitras-v-clark/" } ], "unverified": [ "Whether Act 75 fines are criminal or civil: section 2033 sets fines only, while section 2042 says a knowing and intentional violation of chapter 35 is subject to criminal prosecution. We list the fines as civil penalties; a federal court (Poitras v. Clark, Sept. 4, 2026) called the criminal reference likely severable.", "H.846 (2026) title and contents were taken from the Public Citizen tracker; we did not open the bill text.", "Final outcome of Poitras v. Clark (D. Vt. 2:26-cv-234): a second motion to dismiss was filed Sept. 4, 2026; no ruling on the facial challenge as of 2026-10-05." ] }, { "abbr": "VA", "name": "Virginia", "slug": "virginia", "last_verified": "2026-10-05", "headline": "Virginia has no law on AI or deepfakes in political ads: Gov. Youngkin vetoed the 2025 disclosure bills, the 2026 version (SB 141) died in conference, and HB 868 was carried over to 2027, but campaign calls and texts must still identify who paid for them.", "election": { "status": "none", "summary": "Virginia has no statute on AI or synthetic media in political advertising as of October 2026. The General Assembly passed identical disclosure bills in 2025 (HB 2479 and SB 775), which would have required a set disclaimer on electioneering communications with synthetic media, but Gov. Glenn Youngkin vetoed both on March 24, 2025, and the House sustained the veto. In the 2026 session under Gov. Abigail Spanberger, SB 141 passed the Senate, was rewritten by the House, and failed in conference on March 14, 2026; HB 868 was continued to 2027 and HB 982 died. General rules still apply: false statements can be defamation, and paid ads need the standard sponsor disclosures in Va. Code 24.2-955 et seq.", "laws": [], "pending": [ { "bill": "HB 868 (2026)", "title": "Political campaign advertisements; synthetic media, penalty (would require a synthetic media disclaimer on political ads)", "status": "Continued to next session in House Privileges and Elections (voice vote), Feb. 6, 2026, after subcommittee recommended reporting 6 to 2", "url": "https://lis.virginia.gov/bill-details/20261/HB868" }, { "bill": "SB 141 (2026)", "title": "Political campaign advertisements; synthetic media, penalty", "status": "Failed: passed Senate 34 to 4 (Feb. 16, 2026); House passed a substitute 62 to 34 (March 12); Senate rejected it 0 to 40; conference committee failed to report, March 14, 2026", "url": "https://lis.virginia.gov/bill-details/20261/SB141" }, { "bill": "HB 982 (2026)", "title": "Political campaign advertisements; synthetic media, penalty", "status": "Dead: subcommittee recommended laying on the table Feb. 3, 2026; left in House Privileges and Elections Feb. 18, 2026", "url": "https://lis.virginia.gov/bill-details/20261/HB982" }, { "bill": "HB 2479 (2025)", "title": "Political campaign advertisements; synthetic media, penalty", "status": "Vetoed by Gov. Youngkin March 24, 2025; veto sustained April 2, 2025", "url": "https://lis.virginia.gov/bill-details/20251/HB2479" }, { "bill": "SB 775 (2025)", "title": "Political campaign advertisements; synthetic media, penalty (identical to HB 2479)", "status": "Vetoed March 2025", "url": "https://lis.virginia.gov/bill-details/20251/SB775" } ], "campaign_checklist": [ "No Virginia statute requires an AI label on political ads today, but the disclosure bill has passed at least one chamber three years running; watch the 2027 session (HB 868 carries over).", "Do not use AI to put words in an opponent's mouth: defamation law still applies, and federal law bars fraudulently misrepresenting that you speak for another candidate.", "Every paid campaign call or text program (25 or more numbers, inside 180 days of a general or 90 days of a primary) must say who sponsored it before the call ends, including AI voice calls.", "Never spoof caller ID on campaign calls; for automated calls that display a name, show the candidate, committee, or vendor name.", "If you run ads nationally or in other states, label AI content anyway: many neighboring jurisdictions require it." ] }, "ai_calls": { "summary": "Virginia has no AI-specific calling law, but its campaign telephone call rules apply to any paid calling or texting program, live or automated, which includes AI voice agents. Va. Code 24.2-959 and 24.2-959.1 require \"campaign telephone calls\" (calls or texts to 25 or more Virginia numbers, within 180 days before a general or special election or 90 days before a primary, about a candidate or party, made under a paid agreement) to identify the sponsor before the call ends, and they ban intentionally altering caller ID to mislead. Violations carry a civil penalty up to $25,000, and willful violations are a Class 1 misdemeanor. The Virginia Telephone Privacy Protection Act (amended for texts effective Jan. 1, 2026) covers sales calls only, not political calls.", "laws": [ { "bill": "Existing law (2000, amended through 2020)", "citation": "Va. Code 24.2-955.1 (definition), 24.2-959 (candidate calls), 24.2-959.1 (political committee and other calls), 24.2-955.3 (penalties)", "title": "Campaign telephone call identification requirements", "enacted": null, "effective": null, "official_url": "https://law.lis.virginia.gov/vacode/title24.2/chapter9.5/section24.2-959.1/", "media_covered": "Telephone calls and text messages, live or recorded", "who_is_covered": "Candidates, candidate campaign committees, political committees, and other persons sponsoring campaign telephone calls, plus vendors making the calls", "window": "180 days before a general or special election; 90 days before a primary or other nominating event (calls to 25 or more Virginia numbers under a paid agreement)", "type": null, "intent_standard": "Caller ID provisions apply to intentional modification for the purpose of misleading the recipient", "disclosure_text": null, "disclosure_specs": "Before the call ends: for candidate calls, the name of the candidate; for political committee calls, the committee name and State Board registration number, or for other persons, the full name and residence address of the individual responsible. For automated calls that display a caller name, the caller ID must show the sponsor's or the vendor's name.", "exemptions": [], "penalty_criminal": "Willful violation: Class 1 misdemeanor", "penalty_civil": "Civil penalty up to $25,000, assessed by the State Board of Elections after a public hearing", "private_right_of_action": null, "injunctive_relief": null, "litigation": null, "notes": "Not AI-specific, but nothing in the statute exempts AI-voiced calls. A violation does not void an election, and the disclosure is satisfied if the required information is conveyed.", "summary": null, "status": "in_effect" } ] }, "categories": { "election_admin": [ { "bill": "HB 2124 / SB 1053 (2025), 2025 Acts ch. 398 and ch. 407", "citation": null, "title": "Synthetic digital content: defamation, fraud, Attorney General work group", "enacted": "2025-03-24", "effective": null, "official_url": "https://lis.virginia.gov/bill-details/20251/HB2124", "summary": "Would have extended defamation, slander, and libel law to synthetic digital content and made using synthetic content to commit fraud a separate Class 1 misdemeanor, with a civil action for the depicted person. Those substantive parts only take effect if reenacted by the 2026 General Assembly, and no 2026 bill reenacted them, so they never took effect. The Attorney General work group part did take effect and produced a report dated January 13, 2026.", "status": "repealed", "notes": "Listed as repealed because the reenactment condition lapsed. Approved by the Governor March 24, 2025 (HB 2124 as ch. 398, SB 1053 as ch. 407). Not election-specific." } ] }, "sources": [ { "title": "LIS, HB 2479 (2025) bill history and veto", "url": "https://lis.virginia.gov/bill-details/20251/HB2479" }, { "title": "LIS, SB 775 (2025)", "url": "https://lis.virginia.gov/bill-details/20251/SB775" }, { "title": "LIS, SB 141 (2026) bill history", "url": "https://lis.virginia.gov/bill-details/20261/SB141" }, { "title": "LIS, HB 868 (2026) bill history", "url": "https://lis.virginia.gov/bill-details/20261/HB868" }, { "title": "LIS, HB 2124 (2025)", "url": "https://lis.virginia.gov/bill-details/20251/HB2124" }, { "title": "Va. Code 24.2-955.1 definitions", "url": "https://law.lis.virginia.gov/vacode/title24.2/chapter9.5/section24.2-955.1/" }, { "title": "Va. Code 24.2-955.3 penalties", "url": "https://law.lis.virginia.gov/vacode/title24.2/chapter9.5/section24.2-955.3/" }, { "title": "Va. Code 24.2-959 candidate campaign calls", "url": "https://law.lis.virginia.gov/vacode/title24.2/chapter9.5/section24.2-959/" }, { "title": "Va. Code 24.2-959.1 committee and other campaign calls", "url": "https://law.lis.virginia.gov/vacode/title24.2/chapter9.5/section24.2-959.1/" }, { "title": "Va. Code 59.1-510 telephone solicitation definition", "url": "https://law.lis.virginia.gov/vacode/title59.1/chapter44/section59.1-510/" }, { "title": "Public Citizen deepfake election tracker", "url": "https://www.citizen.org/article/tracker-legislation-on-deepfakes-in-elections/" }, { "title": "Ballotpedia AI deepfake legislation tracker (Virginia)", "url": "https://legislation.ballotpedia.org/ai-deepfakes/search?state=VA" }, { "title": "Virginia LIS 2026 session bulk data (BILLS.CSV and HISTORY.CSV)", "url": "https://lis.blob.core.windows.net/lisfiles/20261/HISTORY.CSV" } ], "unverified": [ "The reenactment clause of HB 2124 / SB 1053 was not read in the chapter text (LIS bill-text pages were unreachable); the effect is taken from the bill title (\"effective clause\") and secondary sources. The LIS 2026 bill list shows no 2026 bill on synthetic digital content.", "Gov. Youngkin's stated veto reasons for HB 2479 and SB 775 were not reviewed.", "The exact disclaimer wording proposed in HB 868 (2026) was not confirmed in the bill text." ] }, { "abbr": "WA", "name": "Washington", "slug": "washington", "last_verified": "2026-10-05", "headline": "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.", "election": { "status": "disclosure", "summary": "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.", "laws": [ { "bill": "ESSB 5152 (2023), Laws of 2023 ch. 360", "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)", "title": "Electioneering communications: use of synthetic media", "enacted": "2023-05-09", "effective": "2023-07-23", "official_url": "https://app.leg.wa.gov/RCW/default.aspx?cite=29B.35.010", "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_is_covered": "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.", "window": "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)", "type": "ban_unless_disclosed", "intent_standard": "None stated for the sponsor; the media itself must be intentionally manipulated. Plaintiff must prove synthetic media by clear and convincing evidence.", "disclosure_text": "This (image/video/audio) has been manipulated", "disclosure_specs": "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)" ], "penalty_criminal": null, "penalty_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_right_of_action": "The depicted candidate may sue the sponsor for injunctive or other equitable relief and for general or special damages.", "injunctive_relief": true, "litigation": null, "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.", "summary": null, "status": "in_effect" } ], "pending": [ { "bill": "HB 1442 (2023 to 2024)", "title": "Defining synthetic media in campaigns for elective office (House companion to SB 5152)", "status": "Dead, Jan. 2024 (superseded by enacted SB 5152)", "url": "https://app.leg.wa.gov/billsummary?BillNumber=1442&Year=2023&Initiative=false" } ], "campaign_checklist": [ "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_calls": { "summary": "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.", "laws": [ { "bill": "PDC rules", "citation": "WAC 390-18-010(4)", "title": "Sponsor identification on telephone political advertising", "enacted": null, "effective": null, "official_url": "https://app.leg.wa.gov/WAC/default.aspx?cite=390-18-010", "media_covered": "Political advertising and electioneering communications by telephone", "who_is_covered": "Sponsors of political advertising", "window": null, "type": null, "intent_standard": null, "disclosure_text": null, "disclosure_specs": "Required sponsor identification must be clearly identified or spoken in advertising on radio, by telephone, or on television.", "exemptions": [], "penalty_criminal": null, "penalty_civil": null, "private_right_of_action": null, "injunctive_relief": null, "litigation": null, "notes": "Not AI-specific; applies to AI voice calls like any other call.", "summary": null, "status": "in_effect" }, { "bill": "PDC rules (WSR 24-12-019, updated by WSR 26-01-209)", "citation": "WAC 390-16-037(3)", "title": "Expenditure reporting for synthetic media", "enacted": null, "effective": "2024-06-24", "official_url": "https://app.leg.wa.gov/WAC/default.aspx?cite=390-16-037", "media_covered": "Any expenditure using synthetic media (realistic manipulated image, audio, or video of a real individual) to create or distribute political advertising", "who_is_covered": "Candidates and political committees filing expenditure reports", "window": null, "type": null, "intent_standard": null, "disclosure_text": null, "disclosure_specs": null, "exemptions": [], "penalty_criminal": null, "penalty_civil": null, "private_right_of_action": null, "injunctive_relief": null, "litigation": null, "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.", "summary": null, "status": "in_effect" } ] }, "categories": { "election_admin": [ { "bill": "PDC rulemaking (WSR 24-12-019; WSR 26-01-209)", "citation": "WAC 390-16-037(3), 390-16-063(6), 390-18-035, 390-18-050(7)(g)(iv)", "title": "Campaign finance disclosure of AI and synthetic media", "enacted": "2024-05-24", "effective": "2024-06-24", "official_url": "https://app.leg.wa.gov/WAC/default.aspx?cite=390-16&full=true", "summary": "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.", "status": "in_effect", "notes": "Rules were re-filed effective Jan. 1, 2026 to track the recodification into Title 29B RCW. In State v. Meta Platforms, Inc., No. 103748-1 (Wash. June 18, 2026), the Washington Supreme Court upheld the commercial advertiser political ad recordkeeping rules (WAC 390-18-050, which include the synthetic media technology item) against Meta's First Amendment challenge." }, { "bill": "SHB 1205 (2025), Laws of 2025 ch. 51", "citation": "RCW 9A.60.045(1)(c)", "title": "Knowing distribution of a forged digital likeness", "enacted": "2025-04-16", "effective": "2025-07-27", "official_url": "https://lawfilesext.leg.wa.gov/biennium/2025-26/Pdf/Bills/Session%20Laws/House/1205-S.SL.pdf", "summary": "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.", "status": "in_effect", "notes": "Signed April 16, 2025; effective July 27, 2025. Platforms, mobile carriers, and broadband providers are not liable for content provided by others." } ] }, "sources": [ { "title": "ESSB 5152 session law (Laws of 2023 ch. 360)", "url": "https://lawfilesext.leg.wa.gov/biennium/2023-24/Pdf/Bills/Session%20Laws/Senate/5152-S.SL.pdf" }, { "title": "RCW 29B.35.010", "url": "https://app.leg.wa.gov/RCW/default.aspx?cite=29B.35.010" }, { "title": "RCW 29B.35.020", "url": "https://app.leg.wa.gov/RCW/default.aspx?cite=29B.35.020" }, { "title": "Chapter 42.62 RCW disposition table", "url": "https://app.leg.wa.gov/RCW/dispo.aspx?cite=42.62" }, { "title": "RCW 29B.10.220 electioneering communication definition", "url": "https://app.leg.wa.gov/RCW/default.aspx?cite=29B.10.220" }, { "title": "Chapter 390-18 WAC", "url": "https://app.leg.wa.gov/WAC/default.aspx?cite=390-18&full=true" }, { "title": "Chapter 390-16 WAC", "url": "https://app.leg.wa.gov/WAC/default.aspx?cite=390-16&full=true" }, { "title": "PDC, Commission meeting highlights May 2024 (synthetic media rules)", "url": "https://pdc.wa.gov/news/2024/commission-meeting-highlights-may-2024" }, { "title": "RCW 80.36.400", "url": "https://app.leg.wa.gov/RCW/default.aspx?cite=80.36.400" }, { "title": "HB 1205 (2025) bill summary", "url": "https://app.leg.wa.gov/billsummary?BillNumber=1205&Year=2025&Initiative=false" }, { "title": "Ballotpedia AI deepfake legislation tracker (Washington)", "url": "https://legislation.ballotpedia.org/ai-deepfakes/search?state=WA" }, { "title": "SHB 1205 session law (Laws of 2025 ch. 51)", "url": "https://lawfilesext.leg.wa.gov/biennium/2025-26/Pdf/Bills/Session%20Laws/House/1205-S.SL.pdf" }, { "title": "State v. Meta Platforms, Inc. (Wash. 2026)", "url": "https://www.courtlistener.com/opinion/10877103/state-v-meta-platforms-inc/" }, { "title": "ESSB 5152 (2023) bill summary and history", "url": "https://app.leg.wa.gov/billsummary?BillNumber=5152&Year=2023&Initiative=false" } ], "unverified": [ "Whether a prerecorded or AI-voiced robocall can be an \"electioneering communication\" under RCW 29B.10.220 (which lists radio transmission and digital communication but not telephone calls) is unclear; we found no PDC ruling on it.", "No court challenge to the Washington synthetic media statute (RCW 29B.35) was found in a CourtListener search.", "No 2025 or 2026 Washington bill amending the election synthetic media law was found in the Ballotpedia and Public Citizen trackers; the legislature's own search was not run." ] }, { "abbr": "WV", "name": "West Virginia", "slug": "west-virginia", "last_verified": "2026-10-05", "headline": "West Virginia has no law on AI or deepfakes in political ads or calls: the 2024 (HB 4963) and 2025 (SB 484) election deepfake bills both died, and no election AI bill advanced in 2026.", "election": { "status": "none", "summary": "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).", "laws": [], "pending": [ { "bill": "SB 484 (2025)", "title": "Relating to disclosures and penalties associated with use of synthetic media and artificial intelligence (new W. Va. Code 3-8-12A)", "status": "Failed: committee substitute reported Feb. 27, 2025; referred to Rules March 4, 2025; died at end of 2025 session", "url": "https://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=484&year=2025&sessiontype=RS&btype=bill" }, { "bill": "HB 4963 (2024)", "title": "Prohibiting the use of deep fake technology to influence an election (new W. Va. Code 61-3F-1 to 61-3F-5)", "status": "Failed: passed House Feb. 27, 2024; died in Senate Judiciary", "url": "https://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=4963&year=2024&sessiontype=RS&btype=bill" }, { "bill": "HB 4496 (2026)", "title": "Requiring an identifying marker on AI-created videos so viewers know they are not real", "status": "Died in House Judiciary (referred Jan. 19, 2026; no further action before the 2026 session ended)", "url": "https://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=4496&year=2026&sessiontype=RS&btype=bill" } ], "campaign_checklist": [ "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_calls": { "summary": "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.", "laws": [] }, "categories": { "election_admin": [] }, "sources": [ { "title": "WV Legislature, SB 484 (2025) bill history", "url": "https://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=484&year=2025&sessiontype=RS&btype=bill" }, { "title": "WV Legislature, HB 4963 (2024) bill history", "url": "https://www.wvlegislature.gov/Bill_Status/Bills_history.cfm?input=4963&year=2024&sessiontype=RS&btype=bill" }, { "title": "W. Va. Code 3-8-12", "url": "https://code.wvlegislature.gov/3-8-12/" }, { "title": "Public Citizen deepfake election tracker", "url": "https://www.citizen.org/article/tracker-legislation-on-deepfakes-in-elections/" }, { "title": "Ballotpedia AI deepfake legislation tracker (West Virginia)", "url": "https://legislation.ballotpedia.org/ai-deepfakes/search?state=WV" }, { "title": "WV Legislature, all 2026 regular session bills", "url": "https://www.wvlegislature.gov/Bill_Status/Bills_all_bills.cfm?year=2026&sessiontype=RS&btype=bill" } ], "unverified": [ "We could not load the West Virginia Code website directly, so we did not confirm whether any W. Va. Code provision regulates prerecorded political calls or requires sponsor identification on calls. W. Va. Code 3-8-12(a) was read through a text proxy and covers anonymous letters, circulars, placards, radio or TV ads, and other publications.", "The 2026 check is based on bill titles in the WV Legislature's full 2026 regular session bill list (searched for AI, synthetic, deepfake, manipulated, deceptive, advertising); a bill on another topic carrying an AI amendment would not show up that way." ] }, { "abbr": "WI", "name": "Wisconsin", "slug": "wisconsin", "last_verified": "2026-10-05", "headline": "In Wisconsin, any paid political ad or issue ad with audio or video made substantially with generative AI must carry the statutory AI disclaimer (spoken \"Contains content generated by AI.\" at the start and end of audio; on-screen text for video), or the sponsor faces a forfeiture up to $1,000 per violation.", "election": { "status": "disclosure", "summary": "2023 Wisconsin Act 123 (AB 664, signed March 21, 2024, effective March 23, 2024) added Wis. Stat. 11.1303(2m). Any audio or video communication that already needs a \"Paid for by\" attribution and contains express advocacy, issue advocacy, or referendum advocacy must disclose synthetic media, defined as audio or video content substantially produced in whole or in part by generative AI. There is no ban, no election window, and no intent requirement: it is a labeling rule. Intentional violations carry a forfeiture up to $1,000 each, enforced through the Ethics Commission process; broadcasters and hosts are not liable unless they are the responsible committee.", "laws": [ { "bill": "AB 664 (2023 Wisconsin Act 123)", "citation": "Wis. Stat. 11.1303(2m)", "title": "Disclosures regarding content generated by artificial intelligence in political advertisements", "enacted": "2024-03-21", "effective": "2024-03-23", "official_url": "https://docs.legis.wisconsin.gov/statutes/statutes/11/xiii/1303", "media_covered": "Audio and video content substantially produced in whole or in part by means of generative artificial intelligence", "who_is_covered": "Sponsors of audio or video communications that require attribution under 11.1303(2)(a) or (b) (communications paid for by a contribution or disbursement, including committee-paid communications) and that contain express advocacy, issue advocacy, or support or opposition to a referendum", "window": "anytime", "type": "disclosure_required", "intent_standard": "Forfeiture applies to intentional violations", "disclosure_text": "Audio: \"Contains content generated by AI.\" Video: \"This video content generated by AI\" (AI video only), \"This audio content generated by AI\" (AI audio only), or \"This content generated by AI\" (both).", "disclosure_specs": "Audio communications: the words at both the beginning and the end. Video communications: in writing that is readable, legible, and readily accessible, throughout the duration of each portion that contains synthetic media.", "exemptions": [ "broadcasters and other hosts or carriers of the communication, unless the person is the committee responsible for it", "interactive computer service immunities under 47 U.S.C. 230 are preserved", "the Ethics Commission may adopt rules with limited exceptions" ], "penalty_criminal": null, "penalty_civil": "Forfeiture up to $1,000 for each intentional violation, enforced under Wis. Stat. 11.1400(5)", "private_right_of_action": null, "injunctive_relief": null, "litigation": null, "notes": "\"Issue advocacy\" is defined as a communication that provides information about political or social issues and is made to influence the outcome of an election. Act 123 was enacted March 21, 2024, published March 22, 2024, and took effect March 23, 2024; it first applies to communications created on that date. Complying with the disclaimer does not shield anyone from other civil or criminal liability, including Wis. Stat. 12.05 (false representations about candidates).", "summary": null, "status": "in_effect" } ], "pending": [ { "bill": "SB 644 (2023)", "title": "Senate companion to AB 664 (AI disclosure in political ads)", "status": "Dead April 2024 (Assembly version enacted)", "url": "https://docs.legis.wisconsin.gov/2023/proposals/sb644" } ], "campaign_checklist": [ "If any audio or video in a paid ad was substantially produced with generative AI (cloned voice, AI narrator, AI-generated footage), add the statutory AI disclaimer. This applies year-round, not just near elections.", "Audio, including AI-voiced robocalls and voicemail drops paid for by a committee: say \"Contains content generated by AI.\" at the beginning and at the end.", "Video: pick the right on-screen line (video only, audio only, or both) and keep it up for every AI segment.", "Keep the regular \"Paid for by\" attribution too; the AI line is in addition to it.", "A disclaimer does not make a false statement about a candidate legal under Wis. Stat. 12.05." ] }, "ai_calls": { "summary": "Wisconsin has no ban on political robocalls, and its telephone solicitation law (Wis. Stat. 100.52, including the bar on prerecorded messages without consent) covers only calls encouraging purchases. But Act 123 reaches AI voices directly: a paid political call or voicemail that is an audio communication requiring attribution and uses AI-generated voice content must say \"Contains content generated by AI.\" at the beginning and end. Federal TCPA rules on artificial voices also apply.", "laws": [ { "bill": "AB 664 (2023 Wisconsin Act 123)", "citation": "Wis. Stat. 11.1303(2m)(b)", "title": "AI disclaimer for audio political communications", "enacted": "2024-03-21", "effective": "2024-03-23", "official_url": "https://docs.legis.wisconsin.gov/statutes/statutes/11/xiii/1303", "media_covered": "Audio communications containing synthetic media (substantially produced by generative AI)", "who_is_covered": "Sponsors of attributed political audio communications with express advocacy, issue advocacy, or referendum advocacy", "window": "anytime", "type": "disclosure_required", "intent_standard": null, "disclosure_text": "Contains content generated by AI.", "disclosure_specs": "At both the beginning and the end of the communication", "exemptions": [], "penalty_criminal": null, "penalty_civil": "Forfeiture up to $1,000 per intentional violation", "private_right_of_action": null, "injunctive_relief": null, "litigation": null, "notes": "11.1303(2)(a) lists printed ads, billboards, handbills, sample ballots, TV and radio ads, and other communications with express advocacy; whether every prerecorded call is an attributed \"communication\" is not spelled out, but committee-paid robocalls with express advocacy are generally treated as needing \"Paid for by\" attribution.", "summary": null, "status": "in_effect" } ] }, "categories": { "election_admin": [] }, "sources": [ { "title": "Wis. Stat. 11.1303 (Wisconsin Legislature)", "url": "https://docs.legis.wisconsin.gov/statutes/statutes/11/xiii/1303" }, { "title": "Wis. Stat. 100.52", "url": "https://docs.legis.wisconsin.gov/document/statutes/100.52" }, { "title": "AB 664 (2023) bill page", "url": "https://docs.legis.wisconsin.gov/2023/proposals/ab664" }, { "title": "Public Citizen deepfake election tracker", "url": "https://www.citizen.org/article/tracker-legislation-on-deepfakes-in-elections/" }, { "title": "Ballotpedia AI deepfake legislation tracker (Wisconsin)", "url": "https://legislation.ballotpedia.org/ai-deepfakes/search?state=WI" }, { "title": "Wisconsin Ethics Commission, attribution requirements", "url": "https://ethics.wi.gov/Pages/CampaignFinance/AttributionRequirements.aspx" }, { "title": "2023 Wisconsin Act 123 (enactment and publication dates)", "url": "https://docs.legis.wisconsin.gov/2023/related/acts/123" } ], "unverified": [ "Whether the Ethics Commission has adopted rules or exceptions under 11.1303(2m)(d): its attribution guidance page does not mention synthetic media.", "Whether every prerecorded political call counts as an attributed \"communication\" under 11.1303(2)(a) has not been addressed in guidance we found.", "No 2025 to 2026 Wisconsin bill on AI in political ads was found in the Ballotpedia and Public Citizen trackers; the legislature's own search was not run.", "No court challenge to 11.1303(2m) was found in a CourtListener search." ] }, { "abbr": "WY", "name": "Wyoming", "slug": "wyoming", "last_verified": "2026-10-05", "headline": "Wyoming has no AI or deepfake law for political ads, and its old ban on automated recorded-message calls for political campaigns (W.S. 6-6-104) was held unconstitutional in 2018, so federal TCPA rules are what govern AI and prerecorded campaign calls there.", "election": { "status": "none", "summary": "Wyoming has not enacted any law on AI, deepfakes, or synthetic media in political communications as of October 2026. SF0051 (2024), which would have required disclosure on misleading synthetic media and made malicious election deepfakes a misdemeanor, passed the Senate but died in a House committee. No comparable bill was filed in the 2025 general session or the 2026 budget session. The 2026 deepfake law that did pass (HB0102) covers sexual images of minors, not elections.", "laws": [], "pending": [ { "bill": "SF0051 (2024)", "title": "Unlawful dissemination of misleading synthetic media (would have created W.S. 40-30-201: clear disclosure on synthetic media, civil suits with at least $1,000 exemplary damages, AG enforcement, and a misdemeanor up to 6 months and $750 for malicious use to influence an election)", "status": "Failed: passed Senate Feb. 2024; died in House committee March 2024", "url": "https://www.wyoleg.gov/Legislation/2024/SF0051" } ], "campaign_checklist": [ "No Wyoming statute requires an AI label on political ads, but avoid deceptive deepfakes of opponents: defamation and federal fraud rules still apply.", "W.S. 6-6-104 still appears in the printed code, but a federal court held it unconstitutional in Victory Processing, LLC v. Michael (D. Wyo. 2018); do not rely on old guidance that political robocalls are a Wyoming crime.", "Federal TCPA consent rules still govern prerecorded and AI-voice calls to cell phones, and the FCC treats AI voices as artificial voices.", "Watch for a renewed synthetic media bill; SF0051 passed the Senate in 2024 and no election AI bill was filed in 2025 or 2026." ] }, "ai_calls": { "summary": "Wyoming has no AI-specific rule for political calls. W.S. 6-6-104 still reads as a ban on using an automated system that dials numbers and plays recorded messages for \"promoting or any other use related to a political campaign\" (and for sales, soliciting information, and gathering data), punishable as a misdemeanor up to six months and $750. But in Victory Processing, LLC v. Michael, 333 F. Supp. 3d 1263 (D. Wyo. Aug. 6, 2018), the federal court held the whole statute, as written, a content-based restriction that fails strict scrutiny and is unconstitutional, granting summary judgment to the robocall vendor against the Attorney General. The state did not appeal that we found, and the legislature has not repealed or rewritten the section. Federal TCPA and FCC rules on artificial and AI voices still apply.", "laws": [ { "bill": "Existing law", "citation": "W.S. 6-6-104", "title": "Unlawful automated telephone solicitation", "enacted": null, "effective": null, "official_url": "https://wyoleg.gov/statutes/compress/title06.pdf", "media_covered": "Calls placed by an automated system or device that selects and dials telephone numbers and plays recorded messages when the call connects", "who_is_covered": "Any person", "window": "anytime", "type": "ban", "intent_standard": null, "disclosure_text": null, "disclosure_specs": null, "exemptions": [ "informing purchasers of receipt, availability, or delivery of goods or services, delays, or other status information", "responding to an inquiry initiated by the person called", "automated sales dialing authorized by W.S. 40-12-303" ], "penalty_criminal": "Misdemeanor: up to 6 months imprisonment, a fine up to $750, or both", "penalty_civil": null, "private_right_of_action": null, "injunctive_relief": null, "litigation": "Struck down: Victory Processing, LLC v. Michael, 333 F. Supp. 3d 1263 (D. Wyo. 2018) (No. 2:17-cv-109-ABJ, Judge Alan B. Johnson), decided Aug. 6, 2018. A political robocall and survey vendor sued the Attorney General pre-enforcement. The court held W.S. 6-6-104 content-based on its face because it bans calls by purpose (sales, information, data gathering, political), found residential privacy only a substantial (not compelling) interest under Tenth Circuit law, and found the ban not narrowly tailored because it completely bars political robocalls while commercial calls get exceptions. It concluded the statute \"as written, does not survive strict scrutiny and is therefore unconstitutional\" and granted the plaintiffs' summary judgment motion, which sought prospective injunctive relief. We found no Tenth Circuit appeal; the district docket closed Aug. 6, 2018. The ruling follows the same line as Cahaly v. Larosa (4th Cir. 2015, South Carolina), Gresham v. Rutledge (E.D. Ark. 2016, Arkansas), and Victory Processing v. Fox (9th Cir. 2019, Montana).", "notes": "The statute text remains in the compiled Wyoming Statutes with no history note of amendment. Prohibited purposes are: offering goods or services for sale; conveying information on goods or services in soliciting sales; soliciting information; gathering data and statistics; or promoting or any other use related to a political campaign. Status is listed as enjoined because a final federal judgment held the whole section unconstitutional, though it has not been repealed.", "summary": null, "status": "enjoined" } ] }, "categories": { "election_admin": [] }, "sources": [ { "title": "Wyoming Statutes Title 6 (W.S. 6-6-104), Wyoming Legislature", "url": "https://wyoleg.gov/statutes/compress/title06.pdf" }, { "title": "Wyoming Statutes Title 40 (W.S. 40-12-303)", "url": "https://wyoleg.gov/statutes/compress/title40.pdf" }, { "title": "SF0051 (2024) bill page", "url": "https://www.wyoleg.gov/Legislation/2024/SF0051" }, { "title": "Wyoming Legislature 2025 bill list", "url": "https://www.wyoleg.gov/Legislation/2025" }, { "title": "Wyoming Legislature 2026 bill list", "url": "https://www.wyoleg.gov/Legislation/2026" }, { "title": "Public Citizen deepfake election tracker", "url": "https://www.citizen.org/article/tracker-legislation-on-deepfakes-in-elections/" }, { "title": "Ballotpedia AI deepfake legislation tracker (Wyoming)", "url": "https://legislation.ballotpedia.org/ai-deepfakes/search?state=WY" }, { "title": "Victory Processing, LLC v. Michael, 333 F. Supp. 3d 1263 (D. Wyo. 2018)", "url": "https://www.courtlistener.com/opinion/7332124/victory-processing-llc-v-michael/" } ], "unverified": [ "The exact scope of the final judgment and any written injunction in Victory Processing, LLC v. Michael (whether it formally enjoins all enforcement or only enforcement against the plaintiffs) was not read; the opinion grants the plaintiffs' summary judgment motion, which asked for prospective injunctive relief.", "Enactment year of W.S. 6-6-104's political campaign clause was not confirmed (the compiled statute PDF has no history notes).", "Exact date SF0051 passed the Senate was taken from the Public Citizen tracker (Feb. 2024)." ] } ], "federal": { "last_verified": "2026-10-05", "summary": "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.", "items": [ { "id": "fcc-ai-voice-tcpa-ruling-2024", "authority": "FCC", "title": "FCC Declaratory Ruling: AI-generated voices are \"artificial\" voices under the TCPA (FCC 24-17, CG Docket 23-362)", "date": "2024-02-08", "status": "In effect (adopted 2024-02-02, released and effective 2024-02-08)", "what_it_does": "The FCC confirmed that the Telephone Consumer Protection Act's limits on calls using an \"artificial or prerecorded voice\" cover AI technologies that generate or clone human voices. Any call that uses an AI voice therefore needs the called party's prior express consent unless it is an emergency call or fits an existing exemption. The ruling says the TCPA has no carve out for technologies that claim to be the equivalent of a live agent, relying on the FCC's 2020 Soundboard Ruling that a live person choosing which recorded clips to play does not make the call a live call.", "why_campaigns_care": "An AI voice agent that talks to voters is treated like a robocall, not a live volunteer, so cell phone calls need prior express consent even for political calls. Each unlawful call can bring $500 in statutory damages, up to $1,500 if willful, under 47 U.S.C. 227(b)(3).", "official_url": "https://docs.fcc.gov/public/attachments/FCC-24-17A1.pdf", "sources": [ { "title": "FCC 24-17 Declaratory Ruling (full text)", "url": "https://docs.fcc.gov/public/attachments/FCC-24-17A1.pdf" }, { "title": "47 CFR 64.1200 (Cornell LII)", "url": "https://www.law.cornell.edu/cfr/text/47/64.1200" }, { "title": "47 U.S.C. 227 (Cornell LII)", "url": "https://www.law.cornell.edu/uscode/text/47/227" } ] }, { "id": "tcpa-political-call-rules", "authority": "FCC", "title": "TCPA rules that reach political robocalls and AI voice calls (47 U.S.C. 227 and 47 CFR 64.1200)", "date": "2020-12-30", "status": "In effect (call limits on exempt residential calls were added by the TRACED Act Exemptions Order, FCC 20-186, released 2020-12-30)", "what_it_does": "Calls to cell phones made with an autodialer or an artificial or prerecorded voice (now including AI voices) need prior express consent, and political calls get no exemption (47 CFR 64.1200(a)(1)(iii)). Artificial or prerecorded voice calls to residential landlines that are not commercial, such as most political calls, need no consent, but the caller may make no more than three such calls to a line within any 30-day period and must honor opt-out requests (64.1200(a)(3)(ii)). Every artificial or prerecorded voice message must name the responsible entity at the start and give a callback phone number during or after the message (64.1200(b)(1) and (b)(2)), and messages sent under the residential exemptions must offer an automated voice or key press opt-out within two seconds of the identification, with a toll-free opt-out number when left on voicemail (64.1200(b)(3)). Political calls are not telephone solicitations, so the National Do Not Call Registry and the solicitation calling-hours rule in 64.1200(c) do not apply to them.", "why_campaigns_care": "An AI voice phonebank must open by naming the campaign or committee, give a callback number, provide a working opt-out, and stay within three calls per 30 days to each landline without consent. Calls to cell phones without prior express consent are the main liability risk.", "official_url": "https://www.law.cornell.edu/cfr/text/47/64.1200", "sources": [ { "title": "47 CFR 64.1200 (Cornell LII)", "url": "https://www.law.cornell.edu/cfr/text/47/64.1200" }, { "title": "FCC 20-186, TRACED Act Section 8 Exemptions Order (full text)", "url": "https://docs.fcc.gov/public/attachments/FCC-20-186A1.pdf" }, { "title": "Federal Register: Limits on Exempted Calls Under the TCPA (Feb. 25, 2021)", "url": "https://www.federalregister.gov/documents/2021/02/25/2021-01190/limits-on-exempted-calls-under-the-telephone-consumer-protection-act-of-1991" }, { "title": "FCC 24-17 Declaratory Ruling", "url": "https://docs.fcc.gov/public/attachments/FCC-24-17A1.pdf" } ] }, { "id": "fcc-ringless-voicemail-2022", "authority": "FCC", "title": "FCC Declaratory Ruling: ringless voicemail is a \"call\" under the TCPA (FCC 22-85)", "date": "2022-11-21", "status": "In effect (adopted 2022-11-14, released 2022-11-21)", "what_it_does": "The FCC ruled that ringless voicemail delivered straight to a wireless subscriber's voicemail box is a call made using an artificial or prerecorded voice. It therefore needs the same prior express consent as any other prerecorded or artificial voice call to a cell phone. The FCC said the ruling applies to any provider that uses the subscriber's mobile number to drop a message into that mailbox.", "why_campaigns_care": "Dropping AI-voiced or prerecorded political voicemails onto cell phones without ringing them is not a loophole. It needs prior express consent like any other robocall to a cell phone.", "official_url": "https://docs.fcc.gov/public/attachments/FCC-22-85A1.pdf", "sources": [ { "title": "FCC 22-85 Declaratory Ruling and Order (full text)", "url": "https://docs.fcc.gov/public/attachments/FCC-22-85A1.pdf" }, { "title": "Federal Register, Dec. 14, 2022 publication", "url": "https://www.govinfo.gov/content/pkg/FR-2022-12-14/html/2022-26673.htm" } ] }, { "id": "fcc-ai-call-disclosure-nprm-2024", "authority": "FCC", "title": "FCC proposed rules on AI-generated calls and texts (NPRM, FCC 24-84, CG Docket 23-362)", "date": "2024-08-08", "status": "Proposed only. Adopted 2024-08-07 and released 2024-08-08; comments closed in October 2024; no final rule adopted as of 2026-10-05", "what_it_does": "The FCC proposed defining an \"AI-generated call\" and requiring callers to disclose at the start of a call that it uses AI-generated technology. It also proposed that consent to receive robocalls must specifically cover AI-generated calls, and asked how to protect beneficial uses such as AI tools that help people with speech or hearing disabilities make calls.", "why_campaigns_care": "If adopted, AI voice calls would need an on-call AI disclosure and AI-specific consent language. Today it is not binding, but it signals where federal rules could go.", "official_url": "https://docs.fcc.gov/public/attachments/FCC-24-84A1.pdf", "sources": [ { "title": "FCC 24-84 Notice of Proposed Rulemaking (full text)", "url": "https://docs.fcc.gov/public/attachments/FCC-24-84A1.pdf" }, { "title": "Wilson Sonsini summary of the FCC AI robocall NPRM", "url": "https://www.wsgr.com/en/insights/fcc-issues-notice-of-proposed-rulemaking-regarding-the-use-of-ai-generated-technologies-for-consumer-communications.html" } ] }, { "id": "fcc-ai-political-ad-nprm-2024", "authority": "FCC", "title": "FCC proposed AI disclosure rules for political ads on TV and radio (NPRM, FCC 24-74, MB Docket 24-211)", "date": "2024-07-25", "status": "Proposed only, never adopted. Approved 3 to 2 under Chairwoman Rosenworcel with then-Commissioner Carr dissenting; no final rule and no further Commission action located since Carr became Chairman in January 2025", "what_it_does": "The proposal would have required broadcasters and other FCC-regulated programmers (cable, satellite TV and satellite radio) to ask political ad buyers whether an ad contains AI-generated content, to air an on-air disclosure when it does, and to note it in the public political file. It would not have covered online ads, which the FCC does not regulate.", "why_campaigns_care": "There is no federal rule requiring an AI disclaimer on broadcast political ads. State laws, not the FCC, are what currently require AI disclosures in political ads.", "official_url": "https://docs.fcc.gov/public/attachments/FCC-24-74A1.pdf", "sources": [ { "title": "FCC 24-74 Notice of Proposed Rulemaking (full text)", "url": "https://docs.fcc.gov/public/attachments/FCC-24-74A1.pdf" }, { "title": "Federal Register: Disclosure and Transparency of AI-Generated Content in Political Advertisements", "url": "https://www.federalregister.gov/documents/2024/08/05/2024-16977/disclosure-and-transparency-of-artificial-intelligence-generated-content-in-political-advertisements" }, { "title": "Carr dissent, FCC 24-74", "url": "https://docs.fcc.gov/public/attachments/FCC-24-74A3.pdf" } ] }, { "id": "fcc-lingo-telecom-consent-decree-2024", "authority": "FCC", "title": "Lingo Telecom consent decree over the New Hampshire Biden deepfake robocalls ($1 million)", "date": "2024-08-21", "status": "Final (consent decree)", "what_it_does": "Lingo Telecom, the voice provider that carried the January 2024 AI-cloned Biden robocalls to New Hampshire voters, agreed to pay a $1,000,000 civil penalty and adopt a compliance plan. The FCC said Lingo gave the spoofed calls the highest STIR/SHAKEN caller ID attestation level without verifying them, making them less likely to be blocked.", "why_campaigns_care": "Carriers and dialer platforms are now under pressure to vet who is sending political robocalls and whose caller ID is used. Expect stricter know-your-customer checks before AI or prerecorded political calls are carried.", "official_url": "https://docs.fcc.gov/public/attachments/DOC-404951A1.pdf", "sources": [ { "title": "FCC news release: Lingo Telecom to pay $1 million civil penalty", "url": "https://docs.fcc.gov/public/attachments/DOC-404951A1.pdf" }, { "title": "FCC DA 24-790 Order and Consent Decree", "url": "https://docs.fcc.gov/public/attachments/DA-24-790A1.pdf" } ] }, { "id": "fcc-kramer-forfeiture-2024", "authority": "FCC", "title": "Steve Kramer $6 million forfeiture for AI-cloned Biden robocalls (FCC 24-104)", "date": "2024-09-26", "status": "Final forfeiture order (adopted 2024-09-26, released 2024-09-30). Reported unpaid; no federal collection lawsuit located", "what_it_does": "The FCC fined political consultant Steve Kramer $6,000,000 under the Truth in Caller ID Act for spoofed robocalls that used an AI clone of President Biden's voice to tell New Hampshire voters not to vote in the January 2024 primary. Kramer did not respond to the earlier Notice of Apparent Liability. Unpaid FCC forfeitures can only be collected through a Justice Department lawsuit.", "why_campaigns_care": "This is the leading federal enforcement action against an AI political robocall. It shows that a consultant who orchestrates the calls, not just the carrier, can face multimillion dollar penalties.", "official_url": "https://docs.fcc.gov/public/attachments/FCC-24-104A1.pdf", "sources": [ { "title": "FCC 24-104 Forfeiture Order (full text)", "url": "https://docs.fcc.gov/public/attachments/FCC-24-104A1.pdf" }, { "title": "FCC 24-59 Notice of Apparent Liability", "url": "https://docs.fcc.gov/public/attachments/FCC-24-59A1.pdf" } ] }, { "id": "kramer-criminal-and-civil-cases", "authority": "courts", "title": "Kramer criminal acquittal (New Hampshire, 2025) and League of Women Voters of New Hampshire v. Kramer (D.N.H. 1:24-cv-00073)", "date": "2025-11-20", "status": "Criminal case: acquitted on all counts 2025-06-13. Civil case: default judgment against Kramer entered 2025-11-20", "what_it_does": "A Belknap County Superior Court jury acquitted Kramer of 11 felony voter suppression counts and 11 misdemeanor counts of impersonating a candidate; his defense argued the unsanctioned primary was not covered and the call did not name Biden as a declared candidate. In the federal civil suit brought by the League of Women Voters of New Hampshire and voters, the court entered a default judgment against Kramer under the Voting Rights Act and state law, awarded $7,500 to each of three voter plaintiffs ($22,500 total), and permanently barred him from deceptive or intimidating AI robocall campaigns in any U.S. election. A consent judgment entered on 2025-05-23 resolved claims against other defendants.", "why_campaigns_care": "Section 11(b) of the Voting Rights Act (voter intimidation) can reach deceptive AI robocalls, and private groups can sue for damages and nationwide injunctions even when criminal charges fail.", "official_url": "https://www.govinfo.gov/content/pkg/USCOURTS-nhd-1_24-cv-00073/pdf/USCOURTS-nhd-1_24-cv-00073-3.pdf", "sources": [ { "title": "U.S. District Court for the District of New Hampshire opinion (GovInfo)", "url": "https://www.govinfo.gov/content/pkg/USCOURTS-nhd-1_24-cv-00073/pdf/USCOURTS-nhd-1_24-cv-00073-3.pdf" }, { "title": "Default judgment and report and recommendation (LWV)", "url": "https://www.lwv.org/sites/default/files/2025-11/LWVNH%20v.%20Kramer%20-%20Default%20Judgment%20+%20Report%20and%20Recommendation.pdf" }, { "title": "NHPR: Kramer found not guilty (June 13, 2025)", "url": "https://www.nhpr.org/nh-news/2025-06-13/political-operative-fake-biden-robocalls-nh-primary-found-not-guilty" }, { "title": "Democracy Docket case page", "url": "https://www.democracydocket.com/cases/new-hampshire-robocall-voter-intimidation-challenge/" } ] }, { "id": "fec-ai-interpretive-rule-2024", "authority": "FEC", "title": "FEC interpretive rule: fraudulent misrepresentation law applies to AI (52 U.S.C. 30124, 11 CFR 110.16) and denial of AI rulemaking (REG 2023-02)", "date": "2024-09-19", "status": "In effect (interpretive rule effective immediately). Rulemaking petition closed without a new rule", "what_it_does": "Acting on Public Citizen's July 2023 petition (REG 2023-02), the FEC decided not to start a rulemaking on deceptive AI in campaign ads. Instead it approved an interpretive rule stating that the existing ban on fraudulent misrepresentation applies no matter what technology is used, including AI-generated content. That federal ban covers a candidate or agent pretending to speak or act for another candidate or party in a damaging way, and anyone fraudulently soliciting contributions in another's name.", "why_campaigns_care": "There is no federal AI disclaimer requirement for campaign ads, but using AI to falsely speak for an opposing candidate or party, or to raise money in someone else's name, can violate federal campaign finance law.", "official_url": "https://www.fec.gov/updates/commission-approves-notification-of-disposition-interpretive-rule-on-artificial-intelligence-in-campaign-ads", "sources": [ { "title": "FEC: Commission approves notification of disposition, interpretive rule on AI in campaign ads", "url": "https://www.fec.gov/updates/commission-approves-notification-of-disposition-interpretive-rule-on-artificial-intelligence-in-campaign-ads" }, { "title": "FEC weekly digest, September 16 to 20, 2024", "url": "https://www.fec.gov/updates/week-of-september-16-20-2024/" }, { "title": "CRS Insight IN12222: AI and Campaign Finance Policy", "url": "https://www.congress.gov/crs_external_products/IN/HTML/IN12222.web.html" } ] }, { "id": "fec-quorum-2025-2026", "authority": "FEC", "title": "FEC without a quorum since April 30, 2025", "date": "2026-02-11", "status": "No quorum as of 2026-10-05. Two commissioners serving; nominees Ashley Stow and Andrew Woodson (nominated 2026-02-11) still pending in the Senate Rules Committee with no hearing reported", "what_it_does": "The FEC needs four commissioners to issue rules, advisory opinions or enforcement decisions. It lost its quorum on April 30, 2025 and has had only two commissioners (Shana Broussard and Dara Lindenbaum) since Commissioner Trey Trainor's resignation took effect on October 3, 2025. President Trump nominated two Republicans on February 11, 2026, but they have not been confirmed.", "why_campaigns_care": "The FEC cannot open enforcement on AI misrepresentation complaints, issue advisory opinions on AI ads, or adopt any AI rule for the 2026 midterms. Complaints can still be filed and the statute of limitations keeps running.", "official_url": "https://www.fec.gov/resources/cms-content/documents/fec-notice-of-lack-of-quorum-26-336-04-06-2026.pdf", "sources": [ { "title": "FEC Notice of Lack of Quorum (April 6, 2026)", "url": "https://www.fec.gov/resources/cms-content/documents/fec-notice-of-lack-of-quorum-26-336-04-06-2026.pdf" }, { "title": "CRS R45160: FEC Membership and Policymaking Quorum, In Brief", "url": "https://www.congress.gov/crs-product/R45160" }, { "title": "Senate: Nominations in Committee (Civilian)", "url": "https://www.senate.gov/legislative/nom_cmtec.htm" }, { "title": "Washington Sun: FEC seems destined to sit out the 2026 midterms", "url": "https://www.washingtonsun.com/money/federal-election-commission-shutdown-senate-hearing" } ] }, { "id": "bill-protect-elections-from-deceptive-ai-act", "authority": "Congress", "title": "Protect Elections from Deceptive AI Act (S.1213 and H.R.5272, 119th Congress)", "date": "2025-03-31", "status": "Pending. S.1213 (Sen. Klobuchar, bipartisan cosponsors including Hawley, Collins, Coons and Bennet) referred to Senate Rules 2025-03-31; H.R.5272 (Rep. Julie Johnson) referred to House Administration 2025-09-10; no further action", "what_it_does": "The bill would ban knowingly distributing materially deceptive AI-generated audio or video of federal candidates to influence an election or raise money. Depicted candidates could sue for injunctions and damages. It includes exceptions for news coverage and satire or parody.", "why_campaigns_care": "If enacted it would be the first federal ban on deceptive AI deepfakes of federal candidates. It has not moved out of committee.", "official_url": "https://www.congress.gov/bill/119th-congress/senate-bill/1213", "sources": [ { "title": "Congress.gov S.1213", "url": "https://www.congress.gov/bill/119th-congress/senate-bill/1213" }, { "title": "Congress.gov H.R.5272", "url": "https://www.congress.gov/bill/119th-congress/house-bill/5272" }, { "title": "GovInfo bill status XML S.1213", "url": "https://www.govinfo.gov/bulkdata/BILLSTATUS/119/s/BILLSTATUS-119s1213.xml" } ] }, { "id": "bill-ai-transparency-in-elections-act", "authority": "Congress", "title": "AI Transparency in Elections Act of 2026 (H.R.9922, 119th Congress)", "date": "2026-07-23", "status": "Pending. Introduced by Rep. Joseph Morelle and referred to House Administration 2026-07-23; no further action. No Senate companion located in the 119th Congress", "what_it_does": "The bill would amend the Federal Election Campaign Act to require political ads to carry a statement when generative AI was used to create images, audio or video in the ad. A Senate version (S.3875) passed the Senate Rules Committee in the 118th Congress but was not enacted.", "why_campaigns_care": "This is the main federal proposal for an AI disclaimer on political ads. Until it passes, only state laws require such disclaimers.", "official_url": "https://www.govinfo.gov/app/details/BILLS-119hr9922ih", "sources": [ { "title": "GovInfo H.R.9922 introduced text", "url": "https://www.govinfo.gov/app/details/BILLS-119hr9922ih" }, { "title": "GovInfo bill status XML H.R.9922", "url": "https://www.govinfo.gov/bulkdata/BILLSTATUS/119/hr/BILLSTATUS-119hr9922.xml" }, { "title": "GovTrack S.3875 (118th Congress)", "url": "https://www.govtrack.us/congress/bills/118/s3875" } ] }, { "id": "bill-fair-elections-act-2026", "authority": "Congress", "title": "Fraudulent Artificial Intelligence Regulations (FAIR) Elections Act of 2026 (S.4774, 119th Congress)", "date": "2026-06-11", "status": "Pending. Introduced by Sen. Jeff Merkley and referred to Senate Rules 2026-06-11; no further action", "what_it_does": "The bill would prohibit distributing false AI-generated election media, defined to include AI-made text, images, audio or video with materially false information about federal elections. It would also amend the National Voter Registration Act to bar removing voters from rolls based on unverified voter challenge databases.", "why_campaigns_care": "It would reach AI-generated content that misleads voters about voting, not just candidate deepfakes. It has Democratic sponsors only and has not moved.", "official_url": "https://www.congress.gov/bill/119th-congress/senate-bill/4774/text", "sources": [ { "title": "Congress.gov S.4774 text", "url": "https://www.congress.gov/bill/119th-congress/senate-bill/4774/text" }, { "title": "GovInfo S.4774 introduced text", "url": "https://www.govinfo.gov/content/pkg/BILLS-119s4774is/html/BILLS-119s4774is.htm" } ] }, { "id": "bill-no-fakes-act", "authority": "Congress", "title": "NO FAKES Act (S.1367 and H.R.2794 of 2025; revised S.4591 and H.R.8915 of 2026)", "date": "2026-06-24", "status": "Pending. S.4591 (Sen. Coons) was ordered reported by Senate Judiciary with a substitute amendment on 2026-06-18 and placed on the Senate calendar 2026-06-24 (Calendar No. 446). H.R.8915 (Rep. Salazar) referred to House Judiciary 2026-05-20. The 2025 versions remain in committee", "what_it_does": "The bill would create a federal right to control unauthorized digital replicas of a person's voice or likeness, with liability for people and platforms that knowingly make or distribute them, and a notice-and-takedown system for online services. It includes exceptions for news, commentary, parody and other First Amendment uses. The White House March 2026 framework endorsed a federal digital replica right, and reports in September 2026 described it as part of a possible preemption package.", "why_campaigns_care": "A cloned voice of a real person in an ad or call could create federal civil liability if this passes. It is the furthest advanced AI likeness bill in Congress.", "official_url": "https://www.congress.gov/bill/119th-congress/senate-bill/1367", "sources": [ { "title": "Congress.gov S.1367", "url": "https://www.congress.gov/bill/119th-congress/senate-bill/1367" }, { "title": "GovInfo bill status XML S.4591", "url": "https://www.govinfo.gov/bulkdata/BILLSTATUS/119/s/BILLSTATUS-119s4591.xml" }, { "title": "GovInfo bill status XML H.R.8915", "url": "https://www.govinfo.gov/bulkdata/BILLSTATUS/119/hr/BILLSTATUS-119hr8915.xml" }, { "title": "Congress.gov H.R.2794 text", "url": "https://www.congress.gov/bill/119th-congress/house-bill/2794/text" } ] }, { "id": "bill-quiet-act", "authority": "Congress", "title": "QUIET Act, AI robocall disclosure (H.R.1027 and S.3354, 119th Congress)", "date": "2025-12-04", "status": "Pending. H.R.1027 (Rep. Sorensen) referred to House Energy and Commerce 2025-02-05; S.3354 (Sen. Curtis) referred to Senate Commerce 2025-12-04; no further action", "what_it_does": "The bill would require any robocall that uses AI to emulate a human being to say at the start of the call that AI is being used. It would also increase TCPA penalties for using AI to impersonate a person or organization with intent to defraud or cause harm.", "why_campaigns_care": "If enacted, AI voice phonebank calls would need an upfront AI disclosure under federal law. Several states already require similar disclosures.", "official_url": "https://www.congress.gov/bill/119th-congress/house-bill/1027", "sources": [ { "title": "Congress.gov H.R.1027", "url": "https://www.congress.gov/bill/119th-congress/house-bill/1027" }, { "title": "Congress.gov S.3354 text", "url": "https://www.congress.gov/bill/119th-congress/senate-bill/3354/text" }, { "title": "Rep. Sorensen press release on reintroduction", "url": "https://sorensen.house.gov/media/press-releases/sorensen-reintroduces-bipartisan-bill-crack-down-ai-robocalls" } ] }, { "id": "obbba-ai-moratorium-stripped-2025", "authority": "Congress", "title": "10-year state AI law moratorium stripped from the One Big Beautiful Bill reconciliation act", "date": "2025-07-01", "status": "Failed. Senate struck it 99 to 1 on 2025-07-01", "what_it_does": "The House-passed reconciliation bill included a 10-year moratorium on enforcing state and local AI laws, later tied to federal broadband (BEAD) funding in the Senate draft. A Blackburn and Cantwell amendment removed it by a 99 to 1 vote before the bill passed. A second attempt to add preemption to the annual defense bill (NDAA) was dropped in early December 2025.", "why_campaigns_care": "State AI election laws, including deepfake disclaimer and AI robocall laws, stayed fully enforceable. Congress has twice declined to preempt them.", "official_url": "https://www.commerce.senate.gov/index.php/2025/7/senate-strikes-ai-moratorium-from-budget-reconciliation-bill-in-overwhelming-99-1-vote/8415a728-fd1d-4269-98ac-101d1d0c71e0", "sources": [ { "title": "Senate Commerce Committee: Senate strikes AI moratorium 99 to 1", "url": "https://www.commerce.senate.gov/index.php/2025/7/senate-strikes-ai-moratorium-from-budget-reconciliation-bill-in-overwhelming-99-1-vote/8415a728-fd1d-4269-98ac-101d1d0c71e0" }, { "title": "Nextgov: Senate overwhelmingly passes amendment removing state AI moratorium", "url": "https://www.nextgov.com/artificial-intelligence/2025/07/senate-overwhelmingly-passes-amendment-removing-state-ai-moratorium/406448/" }, { "title": "StateScoop: moratorium omitted from 2026 defense bill", "url": "https://statescoop.com/state-ai-law-moratorium-omitted-2026-defense-bill-trump-eo/" } ] }, { "id": "ai-action-plan-2025", "authority": "White House", "title": "Winning the Race: America's AI Action Plan", "date": "2025-07-23", "status": "Policy document (not binding law)", "what_it_does": "The plan says federal AI-related funding should not go to states with \"burdensome AI regulations\" while not interfering with states' right to pass prudent laws. It directs OMB to have agencies consider a state's AI regulatory climate in discretionary funding decisions, and asks the FCC to evaluate whether state AI rules interfere with its duties under the Communications Act. It also calls for tools to counter malicious deepfakes used as evidence in the legal system.", "why_campaigns_care": "It set up the funding pressure and FCC preemption ideas that the December 2025 executive order later formalized. By itself it changes no campaign obligations.", "official_url": "https://www.whitehouse.gov/wp-content/uploads/2025/07/Americas-AI-Action-Plan.pdf", "sources": [ { "title": "America's AI Action Plan (White House PDF)", "url": "https://www.whitehouse.gov/wp-content/uploads/2025/07/Americas-AI-Action-Plan.pdf" } ] }, { "id": "eo-14365-national-ai-framework", "authority": "White House", "title": "Executive Order 14365, Ensuring a National Policy Framework for Artificial Intelligence", "date": "2025-12-11", "status": "In effect as an executive order. It does not itself preempt any state law; most of its directed actions were overdue or still proposed as of 2026-10-05", "what_it_does": "The order directs a DOJ AI Litigation Task Force to challenge state AI laws (within 30 days), a Commerce evaluation listing \"onerous\" state AI laws (within 90 days), an NTIA policy notice making states with such laws ineligible for BEAD non-deployment broadband funds, an FTC policy statement on state laws that require altering truthful AI outputs, and an FCC proceeding on a federal AI reporting and disclosure standard that would preempt conflicting state laws (within 90 days after the Commerce list). It also orders a legislative recommendation for federal preemption that would not preempt state child safety laws, AI compute and data center infrastructure rules (other than general permitting), or state procurement and use of AI.", "why_campaigns_care": "Only courts or Congress can actually displace state AI election laws. State deepfake and AI disclosure rules for political ads and calls remain enforceable unless a court blocks a specific law.", "official_url": "https://www.whitehouse.gov/presidential-actions/2025/12/eliminating-state-law-obstruction-of-national-artificial-intelligence-policy/", "sources": [ { "title": "White House: Ensuring a National Policy Framework for Artificial Intelligence", "url": "https://www.whitehouse.gov/presidential-actions/2025/12/eliminating-state-law-obstruction-of-national-artificial-intelligence-policy/" }, { "title": "Federal Register, Dec. 16, 2025 (EO 14365)", "url": "https://www.govinfo.gov/content/pkg/FR-2025-12-16/html/2025-23092.htm" }, { "title": "FCC Chairman Carr statement on the AI executive order", "url": "https://docs.fcc.gov/public/attachments/DOC-416077A1.pdf" } ] }, { "id": "doj-ai-litigation-task-force", "authority": "DOJ", "title": "DOJ AI Litigation Task Force and intervention in X.AI LLC v. Weiser (D. Colo. 1:26-cv-01515)", "date": "2026-04-24", "status": "Task Force created 2026-01-09. No DOJ-initiated lawsuit against a state AI law located as of 2026-10-05; DOJ moved to intervene in xAI's challenge to the Colorado AI Act on 2026-04-24", "what_it_does": "Attorney General Bondi created the Task Force on January 9, 2026 to challenge state AI laws on Commerce Clause, preemption or other grounds. Its first visible step was moving to intervene in xAI's April 2026 suit against Colorado's AI Act (SB 24-205); on April 27, 2026 the court approved a joint motion suspending enforcement. Colorado then repealed and replaced that law with SB 26-189 (signed May 14, 2026), a narrower automated decision-making law effective January 1, 2027.", "why_campaigns_care": "So far the federal litigation campaign has targeted broad AI governance laws, not state election deepfake or AI robocall laws. No state political AI law has been challenged by DOJ.", "official_url": "https://www.whitehouse.gov/presidential-actions/2025/12/eliminating-state-law-obstruction-of-national-artificial-intelligence-policy/", "sources": [ { "title": "EO 14365 Section 3 (AI Litigation Task Force)", "url": "https://www.whitehouse.gov/presidential-actions/2025/12/eliminating-state-law-obstruction-of-national-artificial-intelligence-policy/" }, { "title": "Norton Rose Fulbright: xAI sues, DOJ intervenes, enforcement of Colorado AI Act suspended", "url": "https://www.nortonrosefulbright.com/en/knowledge/publications/de3ad9de/xai-sues-doj-intervenes-enforcement-of-colorado-ai-act-suspended" }, { "title": "Jenner and Block: DOJ joins xAI in lawsuit challenging Colorado AI Act", "url": "https://www.jenner.com/en/news-insights/client-alerts/doj-joins-xai-in-lawsuit-challenging-colorado-ai-act" }, { "title": "Eckert Seamans: Colorado repeals and replaces its AI statute", "url": "https://www.eckertseamans.com/legal-updates/colorado-repeals-and-replaces-its-landmark-ai-statute-what-businesses-need-to-know" } ] }, { "id": "commerce-state-ai-law-evaluation", "authority": "Commerce", "title": "Commerce Department evaluation of \"onerous\" state AI laws (EO 14365 Section 4)", "date": "2026-03-11", "status": "Due 2026-03-11. No published evaluation or list of states located as of 2026-10-05", "what_it_does": "The order requires Commerce to publish an evaluation identifying state AI laws that conflict with federal policy, at minimum laws that require AI models to alter truthful outputs or compel disclosures that may violate the First Amendment. That list is meant to trigger DOJ referrals, BEAD funding consequences and the FCC proceeding. Members of Congress urged Commerce to include Colorado's AI Act and New York's RAISE Act.", "why_campaigns_care": "Without a published list, no state has been formally designated, and the BEAD and FCC steps tied to the list have not been triggered.", "official_url": "https://www.whitehouse.gov/presidential-actions/2025/12/eliminating-state-law-obstruction-of-national-artificial-intelligence-policy/", "sources": [ { "title": "EO 14365 Section 4", "url": "https://www.whitehouse.gov/presidential-actions/2025/12/eliminating-state-law-obstruction-of-national-artificial-intelligence-policy/" }, { "title": "Butzel: Commerce report on state AI laws expected by March 11, 2026", "url": "https://www.butzel.com/alert-department-of-commerce-report-on-state-artificial-intelligence-laws-expected-by-march-11-2026" }, { "title": "Holland and Knight: White House releases a National Policy Framework (notes evaluation not yet released)", "url": "https://www.hklaw.com/en/insights/publications/2026/03/white-house-releases-a-national-policy-framework-for-artificial" } ] }, { "id": "ntia-bead-ai-condition", "authority": "Commerce", "title": "NTIA BEAD non-deployment funding condition on state AI laws (EO 14365 Section 5)", "date": "2026-03-11", "status": "Policy notice not issued as of the latest report located (2026-09-04); NTIA said no final decision had been made", "what_it_does": "The order directs NTIA to issue a policy notice making states with onerous AI laws ineligible for leftover BEAD non-deployment broadband funds (about $20 billion nationally) to the extent federal law allows. NTIA delayed the notice past its March 2026 deadline; in June 2026 the NTIA Administrator told Congress no final decision had been made, and in September 2026 NTIA said further non-deployment guidance was not coming soon.", "why_campaigns_care": "No state has lost broadband money over its AI laws, so there is no current federal funding pressure forcing states to repeal AI election rules.", "official_url": "https://www.whitehouse.gov/presidential-actions/2025/12/eliminating-state-law-obstruction-of-national-artificial-intelligence-policy/", "sources": [ { "title": "EO 14365 Section 5", "url": "https://www.whitehouse.gov/presidential-actions/2025/12/eliminating-state-law-obstruction-of-national-artificial-intelligence-policy/" }, { "title": "Roll Call: Billions in rural broadband funds still on hold (June 30, 2026)", "url": "https://rollcall.com/2026/06/30/billions-in-rural-broadband-funds-still-on-hold/" }, { "title": "Broadband Breakfast: More non-deployment guidance not coming soon, NTIA says (Sept. 4, 2026)", "url": "https://broadbandbreakfast.com/more-non-deployment-guidance-not-coming-soon-ntia-says/" }, { "title": "Broadband Breakfast: NTIA needs more time on non-deployment and state AI law guidance", "url": "https://broadbandbreakfast.com/ntia-needs-more-time-to-issue-guidance-on-non-deployment-funding-state-ai-laws/" } ] }, { "id": "ftc-ai-accuracy-policy-statement", "authority": "FTC", "title": "FTC Proposed Policy Statement Concerning the Suppression of Accuracy in Artificial Intelligence Systems", "date": "2026-07-01", "status": "Proposed. Approved 2 to 0 and released for comment 2026-07-01; comments closed 2026-07-31; not finalized as of the latest report located", "what_it_does": "Issued under EO 14365, the statement says AI companies that distort outputs toward undisclosed objectives, including ideological ones, may be deceiving consumers in violation of Section 5 of the FTC Act. It says complying with a state law is no excuse for an undisclosed distortion and suggests state laws that require such alterations may be preempted, naming Colorado's AI Act as an example.", "why_campaigns_care": "It is part of the federal push against state AI laws but is aimed at AI developers and state algorithmic bias laws, not campaign ads. It does not change disclosure rules for political AI content.", "official_url": "https://www.ftc.gov/news-events/news/press-releases/2026/07/ftc-seeks-public-comment-policy-statement-addressing-ai-accuracy", "sources": [ { "title": "FTC press release: FTC seeks public comment on policy statement addressing AI accuracy", "url": "https://www.ftc.gov/news-events/news/press-releases/2026/07/ftc-seeks-public-comment-policy-statement-addressing-ai-accuracy" }, { "title": "FTC proposed policy statement (PDF)", "url": "https://www.ftc.gov/system/files/ftc_gov/pdf/ai-policy-statement_0.pdf" }, { "title": "Arnold and Porter analysis", "url": "https://www.arnoldporter.com/en/perspectives/blogs/major-questions-an-administrative-law-and-regulatory-blog/2026/07/ftcs-proposed-policy-statement-on-ai-accuracy-and-preemption-of-state-ai-laws" } ] }, { "id": "fcc-state-ai-preemption-proceeding", "authority": "FCC", "title": "FCC role in preempting state AI laws (EO 14365 Section 6)", "date": "2025-12-11", "status": "No proceeding on a federal AI reporting and disclosure standard located as of 2026-10-05. The EO deadline runs 90 days from the Commerce list, which has not been published", "what_it_does": "The order tells the FCC Chairman to open a proceeding on whether to adopt a federal reporting and disclosure standard for AI models that preempts conflicting state laws. Chairman Carr said the FCC would open a proceeding and was open-minded on the outcome. Separately, a September 2025 FCC notice of inquiry on wireline deployment asked whether state or local laws limiting uses of AI should be preempted, and a bipartisan group of 23 state attorneys general told the FCC it lacks that authority.", "why_campaigns_care": "Any FCC attempt to preempt state AI disclosure laws would face legal challenge. For now, state rules on AI disclosure in calls and ads still apply.", "official_url": "https://docs.fcc.gov/public/attachments/DOC-416077A1.pdf", "sources": [ { "title": "FCC Chairman Carr statement applauding the AI executive order", "url": "https://docs.fcc.gov/public/attachments/DOC-416077A1.pdf" }, { "title": "EO 14365 Section 6", "url": "https://www.whitehouse.gov/presidential-actions/2025/12/eliminating-state-law-obstruction-of-national-artificial-intelligence-policy/" }, { "title": "Broadband Breakfast: State attorneys general to FCC, don't preempt AI laws", "url": "https://broadbandbreakfast.com/state-attorneys-general-to-fcc-dont-preempt-ai-laws/" }, { "title": "FedScoop: Carr says FCC will be open-minded", "url": "https://fedscoop.com/fcc-chair-brendan-carr-trump-order-banning-state-ai-rules/" } ] }, { "id": "white-house-legislative-framework-2026", "authority": "White House", "title": "National Policy Framework for Artificial Intelligence: Legislative Recommendations", "date": "2026-03-20", "status": "Recommendations to Congress (not law)", "what_it_does": "The White House asked Congress to preempt state AI laws that impose undue burdens and set one minimally burdensome national standard. It said preemption should not reach states' generally applicable laws (including laws protecting children, preventing fraud and protecting consumers), state zoning of AI infrastructure, or a state's own use of AI. It also recommended a federal right against unauthorized AI digital replicas of a person's voice or likeness with exceptions for parody, satire and news, and more law enforcement against AI impersonation scams.", "why_campaigns_care": "The fraud and consumer protection carve outs suggest state laws against deceptive AI impersonation may survive any federal preemption bill, but the final text is up to Congress.", "official_url": "https://www.whitehouse.gov/wp-content/uploads/2026/03/03.20.26-National-Policy-Framework-for-Artificial-Intelligence-Legislative-Recommendations.pdf", "sources": [ { "title": "White House framework PDF", "url": "https://www.whitehouse.gov/wp-content/uploads/2026/03/03.20.26-National-Policy-Framework-for-Artificial-Intelligence-Legislative-Recommendations.pdf" }, { "title": "Morgan Lewis: White House AI framework puts federal preemption at the center", "url": "https://www.morganlewis.com/pubs/2026/03/white-house-ai-framework-puts-federal-preemption-at-the-center-of-the-debate" } ] }, { "id": "federal-preemption-bills-2025-2026", "authority": "Congress", "title": "Federal AI preemption bills and counter bills in the 119th Congress", "date": "2026-09-30", "status": "None enacted. H.R.5388 in committee; Great American AI Act is a discussion draft; GUARDRAILS Act (S.4216 and H.R.8031) in committee; Senate leadership preemption package still under negotiation and unreleased as of September 2026", "what_it_does": "H.R.5388, the American Artificial Intelligence Leadership and Uniformity Act (Rep. Baumgartner, introduced 2025-09-16), would impose a temporary moratorium preempting certain state AI laws. A bipartisan House discussion draft, the Great American Artificial Intelligence Act (released 2026-06-04 by Reps. Obernolte, Trahan and others), would preempt for three years state laws specifically regulating AI model development but not laws on AI use. Democrats' GUARDRAILS Act (Sen. Schatz, S.4216, 2026-03-26; Rep. Beyer, H.R.8031, 2026-03-20) would void EO 14365. In September 2026 a frontier AI bill negotiated by Sens. Cruz, Thune and Klobuchar, and a reported White House offer pairing preemption with the Kids Online Safety Act and NO FAKES Act, remained unreleased.", "why_campaigns_care": "Proposals so far focus on AI model development, so state election deepfake and AI call laws would likely survive most drafts, but campaigns should watch for any year-end package.", "official_url": "https://www.congress.gov/bill/119th-congress/house-bill/5388/all-info", "sources": [ { "title": "Congress.gov H.R.5388", "url": "https://www.congress.gov/bill/119th-congress/house-bill/5388/all-info" }, { "title": "GovInfo bill status XML S.4216 (GUARDRAILS Act)", "url": "https://www.govinfo.gov/bulkdata/BILLSTATUS/119/s/BILLSTATUS-119s4216.xml" }, { "title": "GovInfo bill status XML H.R.8031 (GUARDRAILS Act)", "url": "https://www.govinfo.gov/bulkdata/BILLSTATUS/119/hr/BILLSTATUS-119hr8031.xml" }, { "title": "Roll Call: Bipartisan AI draft proposes three-year preemption (June 4, 2026)", "url": "https://rollcall.com/2026/06/04/bipartisan-ai-draft-proposes-three-year-preemption-of-state-laws/" }, { "title": "Tech Policy Press: September 2026 US tech policy roundup", "url": "https://www.techpolicy.press/september-2026-us-tech-policy-roundup/" }, { "title": "The Next Web: White House offers to trade state AI preemption for online safety laws", "url": "https://thenextweb.com/news/white-house-ai-preemption-kosa-no-fakes-deal" } ] }, { "id": "fcc-tcpa-revocation-order-2026", "authority": "FCC", "title": "FCC TCPA consent revocation Report and Order and FNPRM (CG Docket 02-278)", "date": "2026-09-30", "status": "Reported adopted at the 2026-09-30 open meeting; effective 30 days after Federal Register publication (publication not confirmed)", "what_it_does": "The order lets callers treat an opt-out as applying only to the category of informational robocalls it responded to, rather than to every robocall from that caller, and lets callers designate exclusive opt-out methods (an automated voice or key press mechanism on the call, standard reply keywords for texts, or a designated website or phone number). It replaces the twice-delayed \"revoke all\" rule that had been set to take effect January 31, 2027. The further notice seeks comment on opt-out timing, two-way texting and treatment of affiliates.", "why_campaigns_care": "Campaigns using consent-based robocalls, AI calls or texts must still honor opt-outs quickly, but can steer them through a designated in-call or keyword opt-out channel once the rule takes effect.", "official_url": "https://docs.fcc.gov/public/attachments/DOC-424844A1.pdf", "sources": [ { "title": "FCC fact sheet and draft order (Sept. 9, 2026)", "url": "https://docs.fcc.gov/public/attachments/DOC-424844A1.pdf" }, { "title": "Burr and Forman: FCC delays revoke-all rule until January 31, 2027", "url": "https://www.burr.com/telephone-consumer-protection-act/the-fcc-delays-effective-date-of-tcpa-revoke-all-rule-until-january-31-2027" }, { "title": "Global Policy Watch: FCC releases draft rules on TCPA consent revocation", "url": "https://www.globalpolicywatch.com/2026/09/fcc-releases-draft-rules-and-proposals-on-tcpa-consent-revocation/" } ] }, { "id": "scotus-mclaughlin-and-duguid", "authority": "courts", "title": "Supreme Court TCPA decisions: Facebook v. Duguid (2021) and McLaughlin Chiropractic v. McKesson (2025)", "date": "2025-06-20", "status": "Binding Supreme Court precedent", "what_it_does": "In Facebook v. Duguid (592 U.S. 414, decided 2021-04-01) the Court held that an \"automatic telephone dialing system\" must have the capacity to store or produce numbers using a random or sequential number generator, which narrowed autodialer liability. In McLaughlin Chiropractic v. McKesson (606 U.S. 185, decided 2025-06-20) the Court held that district courts in TCPA enforcement cases are not bound by the FCC's interpretation of the statute and must decide the law's meaning themselves.", "why_campaigns_care": "Live, human-dialed calls generally avoid the TCPA consent rules, but AI or prerecorded voice calls do not, because the artificial voice alone triggers the law. After McLaughlin, courts give FCC rulings such as FCC 24-17 respect but decide independently, though the statutory text already covers \"artificial\" voices.", "official_url": "https://www.supremecourt.gov/opinions/24pdf/606us1r55_3d9g.pdf", "sources": [ { "title": "McLaughlin Chiropractic Associates v. McKesson Corp. (opinion)", "url": "https://www.supremecourt.gov/opinions/24pdf/606us1r55_3d9g.pdf" }, { "title": "Facebook, Inc. v. Duguid (opinion)", "url": "https://www.supremecourt.gov/opinions/20pdf/592us2r23_1bn2.pdf" } ] }, { "id": "tcpa-state-law-savings-clause", "authority": "Congress", "title": "TCPA does not preempt stricter state robocall rules (47 U.S.C. 227(f)(1))", "date": "1991-12-20", "status": "In effect", "what_it_does": "Except for the federal technical standards in subsection (d), the TCPA and FCC rules do not preempt any state law that imposes more restrictive intrastate requirements on, or prohibits, the use of autodialers, artificial or prerecorded voice messages, or telephone solicitations. States such as Florida, Oklahoma and Maryland have their own \"mini-TCPA\" laws on automated telemarketing calls, and many states have their own rules on political robocalls and, increasingly, AI voice disclosures.", "why_campaigns_care": "Federal TCPA compliance is only the floor. An AI or prerecorded political call must also satisfy the rules of the state being called, which can be stricter.", "official_url": "https://www.law.cornell.edu/uscode/text/47/227", "sources": [ { "title": "47 U.S.C. 227 (Cornell LII)", "url": "https://www.law.cornell.edu/uscode/text/47/227" } ] } ], "preemption": { "summary": "As of 2026-10-05 there is no federal law that preempts state AI laws, and state rules on AI in political ads and political calls remain enforceable. Congress removed a 10-year state AI moratorium from the 2025 reconciliation bill by a 99 to 1 Senate vote and dropped a second attempt from the December 2025 defense bill. President Trump's Executive Order 14365 (December 11, 2025) set up a DOJ AI Litigation Task Force, a Commerce list of onerous state laws, BEAD funding conditions, an FTC policy statement and an FCC proceeding, but the Commerce list, BEAD notice and FCC proceeding had not appeared publicly by early October 2026, and the FTC statement is still a proposal. DOJ's only visible litigation step was intervening in xAI's challenge to Colorado's AI Act, which Colorado then repealed and replaced. A Senate preemption package was still being negotiated in September 2026. The TCPA itself expressly lets states adopt stricter robocall rules.", "timeline": [ { "date": "2025-05-22", "event": "House passes the One Big Beautiful Bill reconciliation act with a 10-year moratorium on enforcing state AI laws.", "url": "https://www.goodwinlaw.com/en/insights/publications/2025/07/alerts-practices-aiml-federal-ai-moratorium-dies-on-the-vine" }, { "date": "2025-07-01", "event": "Senate votes 99 to 1 for the Blackburn and Cantwell amendment striking the AI moratorium.", "url": "https://www.commerce.senate.gov/index.php/2025/7/senate-strikes-ai-moratorium-from-budget-reconciliation-bill-in-overwhelming-99-1-vote/8415a728-fd1d-4269-98ac-101d1d0c71e0" }, { "date": "2025-07-23", "event": "White House releases America's AI Action Plan, saying federal AI funding should not go to states with burdensome AI regulations and asking the FCC to review state AI rules.", "url": "https://www.whitehouse.gov/wp-content/uploads/2025/07/Americas-AI-Action-Plan.pdf" }, { "date": "2025-09-16", "event": "Rep. Baumgartner introduces H.R.5388, a temporary moratorium preempting certain state AI laws.", "url": "https://www.congress.gov/bill/119th-congress/house-bill/5388/all-info" }, { "date": "2025-12", "event": "House Majority Leader Scalise says state AI preemption will not be included in the annual defense bill (NDAA).", "url": "https://statescoop.com/state-ai-law-moratorium-omitted-2026-defense-bill-trump-eo/" }, { "date": "2025-12-11", "event": "President Trump signs Executive Order 14365, Ensuring a National Policy Framework for Artificial Intelligence.", "url": "https://www.whitehouse.gov/presidential-actions/2025/12/eliminating-state-law-obstruction-of-national-artificial-intelligence-policy/" }, { "date": "2026-01-09", "event": "Attorney General Bondi establishes the DOJ AI Litigation Task Force.", "url": "https://www.jenner.com/en/news-insights/client-alerts/doj-joins-xai-in-lawsuit-challenging-colorado-ai-act" }, { "date": "2026-03-11", "event": "Deadline for the Commerce evaluation of state AI laws and the NTIA BEAD policy notice passes with neither published.", "url": "https://broadbandbreakfast.com/ntia-needs-more-time-to-issue-guidance-on-non-deployment-funding-state-ai-laws/" }, { "date": "2026-03-20", "event": "White House sends Congress its National Policy Framework for AI legislative recommendations calling for preemption of unduly burdensome state AI laws. Rep. Beyer files the GUARDRAILS Act (H.R.8031) the same day to void the executive order; Sen. Schatz files S.4216 on 2026-03-26.", "url": "https://www.whitehouse.gov/wp-content/uploads/2026/03/03.20.26-National-Policy-Framework-for-Artificial-Intelligence-Legislative-Recommendations.pdf" }, { "date": "2026-04-24", "event": "DOJ moves to intervene in X.AI LLC v. Weiser challenging the Colorado AI Act; the court suspends enforcement on 2026-04-27.", "url": "https://www.nortonrosefulbright.com/en/knowledge/publications/de3ad9de/xai-sues-doj-intervenes-enforcement-of-colorado-ai-act-suspended" }, { "date": "2026-05-14", "event": "Colorado Governor Polis signs SB 26-189 repealing and replacing the Colorado AI Act with a narrower law effective 2027-01-01.", "url": "https://www.eckertseamans.com/legal-updates/colorado-repeals-and-replaces-its-landmark-ai-statute-what-businesses-need-to-know" }, { "date": "2026-06-04", "event": "Bipartisan House discussion draft, the Great American Artificial Intelligence Act, proposes three-year preemption of state laws regulating AI model development.", "url": "https://rollcall.com/2026/06/04/bipartisan-ai-draft-proposes-three-year-preemption-of-state-laws/" }, { "date": "2026-07-01", "event": "FTC releases its proposed policy statement on suppression of accuracy in AI systems, suggesting some state AI laws may be preempted; comments closed 2026-07-31.", "url": "https://www.ftc.gov/news-events/news/press-releases/2026/07/ftc-seeks-public-comment-policy-statement-addressing-ai-accuracy" }, { "date": "2026-08-05", "event": "Senate Commerce advances the Kids Online Safety Act and child AI safety bills; the broader AI preemption deal is not ready and is pushed past the August recess.", "url": "https://www.commerce.senate.gov/meetings/executive-session-24-08-05-2026/" }, { "date": "2026-09-04", "event": "NTIA says further BEAD non-deployment guidance, which is to include the state AI law condition, is not coming soon.", "url": "https://broadbandbreakfast.com/more-non-deployment-guidance-not-coming-soon-ntia-says/" }, { "date": "2026-09", "event": "A frontier AI bill negotiated by Sens. Cruz, Thune and Klobuchar that would reportedly preempt some state AI safety laws remains unreleased.", "url": "https://www.techpolicy.press/september-2026-us-tech-policy-roundup/" } ] }, "unverified": [ "Commerce Department evaluation of onerous state AI laws (EO 14365 Section 4): no published version or list of states located as of 2026-10-05; it may exist without having been found.", "FCC proceeding on a federal AI reporting and disclosure standard (EO 14365 Section 6): no docket located; status treated as not started.", "FCC MB Docket 24-211 (AI political ad disclosure NPRM): no formal withdrawal or termination order located; it is described here only as never adopted.", "FCC 24-84 (AI-generated call disclosure NPRM): no final rule located; whether it was formally withdrawn could not be confirmed.", "FCC TCPA consent revocation Report and Order: adoption on 2026-09-30 is from secondary reports; release date, FCC document number and Federal Register publication not confirmed.", "Steve Kramer $6 million FCC forfeiture: reported unpaid; no DOJ collection lawsuit located.", "LWV v. Kramer: which defendants were covered by the 2025-05-23 consent judgment (reported as the telecom defendants Lingo Telecom, Life Corporation and Voice Broadcasting) was not confirmed from the court docket.", "DOJ AI Litigation Task Force: no official justice.gov memo URL confirmed; creation date (2026-01-09) is from law firm and news reports. No DOJ-filed lawsuit against California or any other state located through 2026-10-05.", "State lawsuits challenging EO 14365: none located as of 2026-10-05.", "REAL Political Advertisements Act: no 119th Congress version located (H.R.6571, the \"REAL Act\", is a different bill on AI disclosure by federal officials). Do Not Disturb Act (Pallone) located only in the 118th Congress (H.R.7116).", "AI Transparency in Elections Act: no 119th Congress Senate companion to H.R.9922 located.", "The prompt's reference to a 2023 FCC ruling on soundboard or avatar technology could not be confirmed; the controlling FCC Soundboard Ruling is the 2020 NorthStar/Yodel Declaratory Ruling (35 FCC Rcd 14640), cited in FCC 24-17.", "Date of Scalise's statement dropping AI preemption from the NDAA is given only as early December 2025.", "FTC AI accuracy policy statement docket number: sources conflict (FTC-2026-0727 vs FTC-2026-0859), so no docket number is given.", "State mini-TCPA details (Florida, Oklahoma, Maryland) and whether each reaches political calls are not verified here; see the state files." ] } }