State legislatures should pass laws regarding the use of AI for campaigns, requiring the clear labeling of certain kinds of AI-generated campaign material (see more below). It is unlikely that Congress will pass legislation before the 2024 election. As New York Assemblymember Alex Bores told our recent convening, states have the Constitutional authority to run their elections, and thus states should take the lead on addressing AI as it relates to campaigns and elections.

Mekela Panditharatne, Democracy Counsel for the Brennan Center for Justice, notes that AI, including generative AI, has the potential to assist more voters more efficiently. However, generative AI chatbots are notorious for “hallucinating” false information, sometimes including in response to basic election questions. And bad faith actors could use the technology underlying such chatbots to spread misinformation targeting all voters or a specific demographic of voters. Policies are needed to ensure operatives, campaigns, PACs, and official sites using bots and generative AI are not misleading voters.

Tabletop exercises, or role-playing through potential scenarios around the election, including the use of generative AI to disrupt voting, can help all of those involved in elections, from public officials to law enforcement officers, become familiar with generative AI. In Arizona, Secretary of State Adrian Fontes is leading tabletop exercises not only for state and local officials, but also one exercise specifically to work with the media in Arizona, so that they, too, are prepared.

The fake robocall during the New Hampshire primary was flagged quickly by both state officials and the media. Such rapid response will be needed moving forward in both the remaining primary elections and November’s general election. In Arizona, Sec. Fontes has set up a rapid response alert from his office to immediately flag misleading AI material as soon as it is identified, so both voters and the media are aware. Fast, aggressive responses can help limit the reach and impact of misleading information.

Though it is becoming more common, many voters are still unaware of the reach and sophistication of AI-generated content. Therefore, it is critical that elected officials do all they can to educate the general public, and especially communities that may be particularly vulnerable. In New Mexico, Secretary of State Maggie Toulouse Oliver’s office is engaging in a widespread public information campaign to raise awareness about what generative AI is, and how residents can find accurate information. Her office is specifically targeting populations most likely to see AI-generated material. In Michigan, Secretary of State Jocelyn Benson is addressing the same issue by working closely with faith leaders, the business community, and other trusted voices to help voters “cut through the noise” and find accurate information.

A clear definition of AI-generated content. Terms can include “deepfake,” “materially deceptive media,” “synthetic media,” and/or similar terms.

Cover all synthetic content, not just AI-generated content, across different types of media. Recent efforts to regulate deepfakes have sometimes been designed to cover only images and video produced by generative AI tools. But non-generative AI tools such as Photoshop and CGI can be as effective, and some of the most harmful deepfakes consist of synthetic audio content.

Mandate disclaimers or institute a prohibition on deepfakes with an exemption for communications that contain appropriately worded disclaimers.

Provide voters with meaningful disclaimers by limiting the reach of any new rules to content that a reasonable person would perceive to accurately depict a candidate saying something that they did not say or events that did not occur, or that depict speech and events in a way that is substantially changed from how they occurred.

Exceptions should be made for satire, in order to protect freedom of speech and for bona fide news coverage of deepfake incidents.

Laws must provide a clear, expeditious way for candidates to obtain an injunction against illegal material, as well as potential civil penalties for campaigns, PACs, and individuals paid by such entities.