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\Congressional ____
~ Research Service
Artificial Intelligence (AI) and Campaign
Finance Policy: Recent Developments
August 15, 2023
No federal statute or regulation specifically addresses artificial intelligence (AI) in political campaigns.
The Federal Election Campaign Act (FECA) and Federal Election Commission (FEC or commission)
regulations govern conduct that calls for election or defeat of federal candidates or solicits funds affecting
federal election campaigns. They also regulate some advertisements (electioneering cotnmunications) that
refer to clearly identified federal candidates during preelection periods but do not call for election or
defeat. Disclaimer requirements that mandate attribution for communications regulated by campaign
finance law appear to apply to ads created with Al. However, those requirements do not mandate that such
advertising alert the audience, or regulators, to the presence of Al-generated content. Campaign
management decisions, such as which technology to use, are generally not subject to regulation.
This CRS Insight discusses recent developments that could be relevant as Congress monitors or considers
legislation related to Al and campaign finance policy. It does not address legal issues. Other CRS products
provide information on topics such as generative Al and Al policy areas other than campaign finance that
could be relevant for Congress.
AI in Political Campaigns, and Recent Legislative Developments
Recent policy attention to Al in campaigns focuses on deepfakes, referring to artificially manipulated
audio or video content in political advertising. Such advertising appears to present new challenges for
campaigns and voters about how to determine whether communications are authentic.
Recent legislation proposes disclaimers, reporting requirements, or prohibitions on deepfakes in federal
campaigns or elections. Bills introduced in the 118th Congress include H.R. 3044; H.R. 3106; H.R. 3831;
H.R. 4611; S. 686; and S. 1596. Legislation (H.R. 1; H.R. 5314) addressing various elections topics,
including some provisions concerning deepfakes, passed the House in the 117th Congress but was not
enacted.
In May 2023, the American Association of Political Consultants (AAPC), a trade association representing
political professionals, issued a statement explaining that its board of directors had unanimously
condemn[ed] use of deceptive generative Al content in political campaigns and noted that such
Congressional Research Service
https://crsreports.congress.gov
IN12222
CRS INSIGHT
Prepared for Members and
Committees of Congress](ViewImageLocal?handle=hein.crs/govemnh0001&div=1&collection=&method=preview&ext=.png&size=3)
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