With the U.S. election season now in full swing, campaign advertisements are dominating television broadcasts and social media feeds across the country.
Candidates, along with the political action committees (PACs) backing or opposing them, are expected to pour a historic $10 billion into advertising during this election cycle. A portion of that spending is being directed toward AI-generated deepfakes.
Since November, at least 15 AI-produced campaign ads have aired, according to NBC News. Several of these have employed deepfakes to depict candidates engaging in or saying things that could damage their public image.
Transparency advocates warn that such advertisements — which are already outlawed in certain states — pose a serious threat to the credibility of American elections.
Ad clashes with state election laws
When it comes to campaign advertising, AI is primarily regulated at the state level. Around 28 states have enacted disclosure requirements, while two states have imposed partial bans on the practice.
In Minnesota, one campaign advertisement has already run into trouble with state law. On June 3, Minnesota Lieutenant Governor Penny Flanagan wrote on BlueSky: “you might see a TV ad starring something that… kind of looks like me.”
Flanagan was referencing an advertisement funded by a PAC supporting her rival in the Senate primary — fellow Democrat and U.S. Representative Angie Craig. The ad depicts Flanagan standing on top of a towering heap of money while attacking her supposed connections to special interest groups.
“My opponent’s super PAC is using an AI deepfake of me to deceive voters. They can’t win with the truth — so they’re turning to lies.”
“It’s appalling. Minnesotans deserve better.”
The advertisement may violate Minnesota’s campaign regulations. In 2023, Democratic State Representative Maye Quade sponsored legislation banning AI deepfakes. The measure was signed into law, making it a criminal offense for “anyone who widely distributes a deepfake within 90 days of an election” — provided the individual also:
- Knew or reasonably should have known the content was a deepfake created without the depicted person’s consent
- Intended to damage a candidate’s reputation in order to sway an election
The ads aired after the DFL — Minnesota’s Democratic party — officially nominated Flanagan, so they may not technically break the law. Nevertheless, Flanagan’s campaign is reportedly seeking legal counsel.
Quade informed local news outlets that the ad ran counter to the intent of the legislation, and that the public broadly disapproves of AI being exploited in this manner. “People don’t like this, broadly […] What campaign on either side of the aisle is going to help voters feel good about their candidate using this?”
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On the Democratic side, 40 DFL state legislators endorsed a letter denouncing the use of AI deepfakes in campaign materials. They pointed out that in 2023, “lawmakers voted nearly unanimously to ban the use of deceptive AI-generated deepfakes in elections, recognizing the danger manipulated AI content presents to voters and public confidence.”
“Regardless of party, the use of AI-generated deepfakes in campaign advertising is unacceptable.”
Mark Jablonowski, CEO of the advertising agency DSPolitical, told NBC that he believes most politicians will take the high road. “I think most campaigns on both sides of the aisle probably want to do the right thing […] There, of course, are going to be examples that you can point to where people are going about it the wrong way.”
The PAC responsible for the ad, North Star Dawn PAC, did not respond to Cointelegraph’s request for comment.
How do election laws address AI deepfakes?
As mentioned earlier, roughly 30 states have enacted legislation governing the use of AI in elections. The overwhelming majority of these laws focus on disclosure requirements, with many states imposing only civil penalties for violations.
The Federal Elections Commission (FEC), the agency tasked with establishing rules around election funding, disclosure, and related matters, told Cointelegraph the following regarding advertisements:
“Commission regulations require clear and conspicuous disclaimers to appear on certain campaign advertisements, including public communications distributed by a federal candidate’s campaign committee. There is also a prohibition against ‘fraudulent misrepresentation.'”
Public Citizen, a consumer advocacy organization, filed a petition for rulemaking with the FEC in 2023, urging the commission to establish regulations for AI. The body ultimately “decided not to initiate a rulemaking.”
“The Commission concluded that the statute’s ban on fraudulent misrepresentation is technology-neutral, covering all forms of the specified fraud, including AI-assisted media.”
Swift action from the federal government — at least from Congress — on AI regulation seems unlikely. In 2023, Senator Amy Klobuchar and Representative Yvette Clarke, both Democrats, introduced the REAL Political Advertisements Act in their respective chambers. The bill, however, failed to pass in either house.
If anything, the U.S. Congress has demonstrated a clear reluctance to impose meaningful regulations on AI. Nearly a year ago, President Donald Trump signed the One Big Beautiful Bill Act into law. The final version narrowly escaped containing a 10-year moratorium on any state or local AI regulation, effectively giving the industry free rein over everything from data center construction to the use of AI in mainstream media.
Now, two members of Congress are trying again. Democrat Lori Trahan and Republican Jay Obernolte unveiled a bill on June 4 that, if enacted, would prevent states from passing laws “targeting artificial intelligence model development.”
Per the American Civil Liberties Union (ACLU), “This could encompass anything from privacy regulations to antidiscrimination requirements to AI safety laws.”
The ACLU highlighted that the previously mentioned 10-year ban was removed from the Senate version of the bill in a near-unanimous 99-1 vote.
Jina John, senior policy counsel for AI, privacy, and technology at the ACLU, stated, “This draft bill fails to learn from Congress’s previous attempts to block state AI regulations. States must be able to protect their own residents from harm, hold tech companies accountable, and ensure that AI is safe and trustworthy.”
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