US States Advance AI Election Regulations
Lawmakers in multiple US states are advancing legislation to regulate AI-generated content in political campaigns. In Massachusetts, legislators on Beacon Hill are moving to rein in AI's role in elections, while proposals in states like Missouri seek to criminalize certain deepfake uses and mandate disclaimers on AI-altered political advertising.
- The Massachusetts bill prohibits distributing "materially deceptive" media within 90 days of an election to harm a candidate's reputation or mislead voters. It requires content identified as "synthetic media" to include a disclosure at the beginning and end. Violations could result in a fine of up to $1,000. - Missouri's proposed legislation, sponsored by Rep. Ben Baker, would ban "deceptive and fraudulent deepfakes" of candidates within 90 days of an election unless the content is clearly labeled as being generated by AI. The bill also creates criminal penalties ranging from a misdemeanor to a felony for violations. - As of early 2026, at least 26 states have enacted laws regulating AI in political campaigns. The most common approach is requiring disclaimers on AI-generated content rather than outright bans. - Federal efforts include the Protect Elections from Deceptive AI Act, which creates a cause of action for candidates targeted by deceptive AI media, and the AI Transparency in Elections Act, which would mandate disclaimers on political ads with AI-generated content. However, the Federal Election Commission (FEC) has stated it will not enact new regulations, instead clarifying that existing laws against "fraudulent misrepresentation" apply to AI-generated content. - States' approaches vary significantly, creating a complex patchwork of regulations. For instance, Texas law prohibits deepfake videos intended to influence voters within 30 days of an election, while Michigan requires disclaimers on all political ads and robocalls using generative AI. - Legal challenges to these state laws are emerging on First Amendment grounds. A California law (AB 2839) that prohibited materially deceptive AI content was preliminarily enjoined by a federal court in October 2024 for violating free speech protections.
