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Tracker: State Legislation on Deepfakes in Elections

The rapid development of artificial intelligence (A.I.) poses a myriad of serious threats to our democracy, from supercharging disinformation to making it easier to manipulate voters. One very acute concern shared by both parties is A.I. generated deepfakes in election communications. Deepfakes are A.I.-generated images, audio, or video depicting a candidate saying or doing things they never did to damage that candidate’s reputation and deceive voters. 

Without regulation, deepfakes are likely to further confuse voters and undermine confidence in elections. A deepfake video could be released days or hours before an election with no time to debunk it – misleading voters and altering the outcome of the election.

State legislatures across the country are starting to pass urgently needed legislation to regulate deepfakes in elections, usually with bipartisan backing. So far, this legislation has received bipartisan support in every state where it has passed. The table below illustrates where states have passed or are in the process of debating legislation to regulate deepfakes in elections.

CaliforniaAB 730Enacted in Oct. 2019
IllinoisSB 1742Introduced in Feb. 2023
KentuckyBR 26Bill Request
MichiganHB 5144Enacted Nov. 2023
MinnesotaHF 1370Enacted in May 2023
New JerseyA 5510Passed by the Assembly in June 2023
New YorkA 7106AIntroduced in May 2023
New YorkS 7592Introduced in July 2023
TexasSB 751Enacted in June 2019
WashingtonSB 5152Enacted in May 2023
WisconsinSB 644Introduced November 2023

Last updated: November 30, 2023.

See an error or want to share information on state political deepfake legislation? Please contact Ilana Beller (ibeller@citizen.org).