![handle is hein.crs/goveqlo0001 and id is 1 raw text is: Artificial Intelligence (AI) and Campaign
Finance Policy: Recent Developments
Updated August 27, 2024
No federal statute or regulation specifically addresses artificial intelligence (AI) in political campaigns.
The Federal Election Campaign Act (FECA) and Federal Election Commission (FEC) regulations govern
conduct that calls for election or defeat of federal candidates or solicits funds. They also regulate some
advertisements (electioneering communications) that refer to clearly identified federal candidates during
preelection periods that 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.
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 updated 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 generative Al and other Al policy areas.
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; H.R. 5586; H.R. 8384; H.R. 8668; S. 686; S. 1596; S. 2770; and S. 3875. The Senate
Committee on Rules and Administration reported an amended version of S. 3875 on May 15, 2024. The
bill would amend FECA to require disclaimers on certain political advertisements that are generated using
Al. 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) issued a statement explaining
that its board of directors unanimously condemn[ed] use of deceptive generative Al content in political
campaigns as inconsistent with the organization's code of ethics. The AAPC position represents a
Congressional Research Service
https://crsreports.congress.gov
IN12222
CRS INSIGHT
Prepared for Members and
Committees of Congress](ViewImageLocal?handle=hein.crs/goveqlo0001&div=1&collection=&method=preview&ext=.png&size=3)
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