States' AI Deepfake Laws Lag Behind Election Threats

As the 2026 midterm elections approach, state laws designed to combat artificial intelligence-generated election deepfakes are proving insufficient to protect voters from fabricated content. A June 2026 report by the National Conference of State Legislatures identified 31 states that have enacted legislation addressing AI election deepfakes. While California and Texas were early adopters, enacting their first laws in 2019, the majority of these statutes were passed in 2024 or more recently. Of the 31 states with such laws, 28 mandate disclosures, meaning that a warning indicating the content was generated or manipulated by AI can satisfy legal requirements. This allows deceptive AI-generated campaign advertisements and communications to remain in circulation, provided they carry the requisite warning. For instance, Louisiana's law requires AI warnings on certain campaign ads that falsely depict candidates and on campaign calls that utilize artificial versions of public figures' voices. In contrast, a smaller group of three states—Maryland, Minnesota, and Texas—have taken a stricter approach by prohibiting certain election deepfakes outright, irrespective of whether the content includes an AI warning. This distinction highlights a critical gap in voter protection, as many states permit the dissemination of potentially misleading AI-generated content with only a disclaimer. The effectiveness of these disclosure-based laws is further illustrated by examining specific scenarios. Consider a political advertisement created using AI to superimpose a candidate's face onto another person's body, creating the false impression that the candidate made or did something they never did. In Louisiana, a law enacted in June 2026 mandates a clear AI usage warning for such advertisements that aim to influence voting decisions. However, the presence of this warning does not necessitate the removal of the fabricated content. The limitations of current legislation are a significant concern for voters and policymakers alike. The rapid advancement of AI technology, particularly in generating realistic audio and video, outpaces the legislative efforts to regulate its use in political campaigns. The challenge lies in balancing the protection of democratic processes from disinformation with concerns about free speech and the potential for overregulation. As AI tools become more accessible and sophisticated, the ability to create convincing deepfakes increases, posing a persistent threat to informed public discourse and electoral integrity. The current legal framework, heavily reliant on disclosure, may not adequately address the persuasive power of deepfakes, even when labeled, as viewers may not fully comprehend or heed the warnings. The University of Denver's AI policy tracker monitors legislative developments across the U.S., providing insights into the evolving landscape of AI regulation. The ongoing efforts by states to legislate on AI election deepfakes underscore the urgency of the issue, yet the varied approaches and inherent limitations of disclosure-based laws suggest that more robust solutions may be necessary to safeguard future elections.