Massachusetts House Passes Bills Regulating AI use in Elections

Bills seek to protect the integrity of the electoral process

BOSTON – The Massachusetts House of Representatives today passed bills regulating the use of artificial intelligence in political advertisements. The bills would require the disclosure of AI use in political advertisements and would ban deceptive communications about a candidate or about the electoral process within three months of an election.

“As artificial intelligence continues to reshape our economy and many aspects of our daily lives, lawmakers have a responsibility to ensure that AI does not further the spread of misinformation in our politics. That’s why these bills are so important, as they mandate that campaigns disclose the use of AI in any political advertisements, and they ban the use of AI in campaign ads 90 days before an election,” said House Speaker Ronald J. Mariano (D-Quincy). “I want to thank my colleagues in the House for their work on this legislation, and for recognizing the importance of the safeguards that these bills put in place.”

“If you watched the Super Bowl, you saw how widespread artificial intelligence has become. AI is no longer theoretical – it is in our everyday lives,” said Representative Daniel Hunt (D-Dorchester), House Chair of the Committee on Election Laws. “At the same time, the conversation around election security, which has been front and center for the last several years, feels more turbulent and under siege. Voters deserve to know that what they’re seeing is real. That’s why the Legislature continues to strengthen our election infrastructure, and why we’re focused today on setting clear standards for the use of AI in election materials, so we can guard against deceptive or misleading content.”

“The use of AI-generated deepfakes for the purposes of manipulating voters and disrupting elections is an attack on democracy,” said Representative Tricia Farley-Bouvier, House Chair on the Joint Committee on Advanced Information Technology, the Internet and Cybersecurity. “As technology advances at a rapid pace, voters should not have to wade through maliciously altered or AI-generated content to get the facts about an election. The House is taking reasonable and timely steps to mitigate any possible negative outcomes and preserve election integrity.”

“As we approach another election season, we cannot ignore the reality of artificial intelligence being weaponized to spread misinformation at an unprecedented scale,” said Representative Jessica Ann Giannino (D-Revere). “Deepfakes and synthetic media pose a direct threat to voter trust and to the integrity of our democratic process. These bills send a clear message: in Massachusetts, we will not allow deception to undermine our elections. Voters deserve to know that what they are seeing and hearing is real. I am grateful to Speaker Mariano, Chairman Hunt, Chair Farley-Bouvier, and our colleagues for their leadership in advancing these critical protections to safeguard our democracy.”

“Integrity in our elections is essential to our democracy. These pieces of legislation require that the public be notified when AI is used in a political campaign and prohibits the unlawful use of AI to create fake ads. I am pleased to support both of these bills,” said State Representative Jeffrey Rosario Turco (D. Winthrop).

An Act to Protect against Election Misinformation prohibits the distribution of deceptive communications within 90 days of an election, which includes:

• Audio or visual media which depicts a candidate with intent to injure their reputation or deceive a voter into voting for or against them.
• Media that concerns the safety or regular operations of an election with intent to disrupt the integrity of the electoral process.
• Content with the intent to mislead voters as to the date and time of an election; the requirements, methods, or deadlines to vote; the certification of an election; and the express endorsement of a candidate or ballot initiative by a political party, elected official, nonprofit organization, or another person.

The bill authorizes a political candidate whose voice or likeness appears in a materially deceptive audio or visual media to seek injunctive or other equitable relief prohibiting the distribution of the media, or to bring an action for damages and attorney’s fees against the party that distributed the media. Exemptions for the 90-day prohibition include: media outlets who air the ads or report on the ads as part of a newscast as long as they clearly acknowledge that there are questions about its authenticity; websites, newspapers, magazines and periodicals; and satire and parody.

An Act enhancing disclosure requirements for synthetic media in political advertising requires that any synthetic media audio or video communication intended to influence voting for or against a candidate or ballot proposition must disclose at the beginning and end of the communication that it contains AI generated materials. Violations are punishable by a fine of not more than $1,000.

“With the rapid advancement in new media technologies, it is important that we have proper safeguards in place to ensure this technology is not abused or manipulated to intentionally mislead voters,” said House Minority Leader Bradley H. Jones. “House Bill 5094 provides for greater election transparency by mandating the full disclosure of any artificial intelligence-generated synthetic media used in political advertising and establishing monetary penalties for violations. Promoting the responsible use of new technologies in campaign advertising will help to ensure that voters have access to reliable information, so they can make an informed decision about whether to support a candidate.”

An Act to Protect against Election Misinformation passed the House by a vote of 154-3. An Act enhancing disclosure requirements for synthetic media in political advertising passed the House by a vote of 157-0. Both bills now go to the Senate for consideration.