Political Media

Regulating AI in Political Media

Several states have adopted legislation addressing AI-generated content in political advertising. The predominant approach requires disclosure when political advertisements contain AI-generated or substantially altered content rather than prohibiting such use entirely. (See, e.g., California’s AB 2355, which mandates that political committees include a disclaimer stating, “Ad generated or substantially altered using artificial intelligence.”) Minnesota, however, prohibits entirely the circulation of unauthorized deepfakes of political candidates when done with intent to injure the candidate or influence the election, with or without disclosure.

Many state laws regarding AI in political advertising apply only during a defined period near an election—typically 60 to 120 days before an election—and target “deepfake” content that falsely depicts candidates saying or doing things they did not actually do or say.

Some of these laws have already faced legal challenges. California’s AB 2839, which prohibits knowing distribution of materially deceptive AI-generated election content, was preliminarily enjoined in October 2024, with the federal court ruling it violated First Amendment protections. Minnesota’s statute, too, is currently being challenged on first-amendment grounds. In addition, California’s AB 2655 was struck down in August 2025 for violating Section 230 of the Communications Decency Act, 47 U.S.C. § 230, which protects platforms from civil liability for what is posted to them.

JurisdictionStatute/OrderLinkEffective Date
AlabamaAlabama Materially Deceptive Election Media LawAL HB17210/1/24
ArizonaArizona Political Deepfake LawSB 13596/4/24
ArizonaArizona General Deepfake LawHB 23946/4/24
CaliforniaDeceptive Media in Election AdvertisementsAB 28399/17/24
CaliforniaDefending Democracy from Deepfake Deception Act of 2024AB 26551/1/25
CaliforniaAmendment to the Political Reform ActAB 23551/1/25
ColoradoColorado Candidate Election Deepfake Disclosures LawHouse Bill 24-11477/1/24
FloridaFlorida Act Relating to AI Use in Political AdvertisingHB 9197/1/24
HawaiiDeceptive Media in Election AdvertisementsSB 26876/3/24
IdahoIdaho Explicit Synthetic Media lawIdaho Code § 18-6606; HB 5757/1/24
KentuckyAI Electioneering CommunicationsKRS 117.00112/1/25
MichiganAI Political Disclaimer LawHB 51412/13/24
MichiganAI Political Deepfake LawHB 51447/1/24
MinnesotaMinnesota Statute 609.771609.7717/1/24
MississippiAI Political Deepfake LawSB 25777/1/24
MontanaAI Deepfakes in ElectionsSB2510/1/25
NevadaNevada AI Political Advertising LawNRS Chapter 294A.347-951/1/26
New HampshireNew Hampshire AI Political Advertising LawHB 15963/27/24
New HampshireNew Hampshire Deepfake ActHB 14321/1/25
New JerseyEstablishes criminal penalties for production or dissemination of “deepfakes.”A35404/2/25
New MexicoNew Mexico Campaign Reporting Act AmendmentN.M. Stat. Ann. § 1-19-26 et seq.5/15/24
New YorkArtificial Intelligence Deceptive Practices ActN.Y. Election Law § 14-1064/20/24
North DakotaAI Political Advertising Disclaimer LawND Century Code, Chapter 16.1-108/1/25
OregonUse of AI in Campaign Communications LawSB 15713/27/24
Rhode IslandDeceptive and Fraudulent Synthetic Media in Election CommunicationsGeneral Laws, Title 17-30-1 to 47/2/25
South DakotaAn Act to Prohibit the Use of a Deepfake to Influence an ElectionSB1647/1/25
UtahUtah Information Technology ActSB 1315/1/24
UtahUnauthorized Artificial Intelligence Impersonation AmendmentsUtah Code § 45-3-2 et. seq.5/7/25
Wisconsin2023 Wisconsin Act 123Wis. Stat. § 11.13033/23/24