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As AI political deepfakes go viral, lawmakers struggle to keep up – 2 states’ laws show limits of what they can do

18 0
30.09.2026

Imagine watching a political campaign video in which a candidate admits to taking a bribe. You recognize the face and voice. But the confession is entirely fabricated, thanks to artificial intelligence.

Now imagine that your state has passed a law against these AI-generated election deepfakes. Would that mean the video has to be removed from the airwaves?

In its June 2026 report, the National Conference of State Legislatures counted 31 states with election deepfake laws. California and Texas enacted their first election-deepfake laws in 2019, but most states adopted theirs in 2024 or later. Among the 31 states, 28 required disclosures. The other three – Maryland, Minnesota and Texas – prohibited certain election deepfakes, even if the content carried an AI warning.

In many states, a warning telling viewers the content was generated or manipulated using AI can satisfy a government’s disclosure requirement. The fabricated ad can remain in circulation with that warning.

Louisiana, for example, requires AI warnings on certain campaign ads that falsely depict candidates and campaign calls that use artificial versions of public figures’ voices. Maryland, meanwhile, prohibits certain deceptive election deepfakes even when they carry a warning.

I am an AI policy scholar at the University of Denver, where we use an AI policy tracker to monitor bills and laws across the U.S. With 2026 midterm elections approaching, the important question for voters is what protection a deepfake law actually provides, and I examine two state laws – in Louisiana and Maryland – to illustrate the limits of what can be done.

When a warning is enough

Consider a political campaign ad that uses AI to put a candidate’s face onto someone else’s body, making it look as though the candidate said or did something that never happened.

A June 2026 Louisiana law requires a clear warning about AI use in ads that meet these conditions. The rule applies to certain messages urging people to vote for or against a candidate, including printed materials,........

© The Conversation