How states’ laws are struggling to keep up with AI election deepfakes

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 decept…