AI deepfake election advertising laws vary state by state: What to know
as the 2026 U.S.election season approaches, states are adopting different laws concerning the use of AI-created imagery in political advertisements. AI-generated campaign ads have gained attention, featuring videos such as spencer Pratt portraying himself as Batman and deepfake videos showing Rep. Thomas Massie in fictitious scenarios with other congress members. While these innovations can draw meaningful attention, they also risk confusing voters about the authenticity of such content.Consequently,31 states have enacted laws regulating election-related AI deepfakes,although courts in Hawaii and California deemed some of these laws unconstitutional under the First Amendment,leaving 29 states with enforceable regulations. Most states require disclosure when AI deepfake content is used, with additional metadata required in places like Colorado and Utah. Some states,including Maryland,Minnesota,and Texas,have outright banned election-related deepfakes during certain timeframes. Federally, there is no overarching regulation, but President Trump signed the “Take It Down Act” to combat revenge pornography and harmful deepfake content.
As the 2026 election season heads into general election matchups, each U.S. state has its own unique laws about how candidates can advertise using artificial intelligence-created imagery.
AI-made advertisements have been making headlines throughout the 2026 election cycle, from Spencer Pratt’s AI-created videos of him saving Los Angeles as Batman, to deepfake videos of Rep. Thomas Massie (R-KY) showing him in a falsified “throuple” with Reps. Ilhan Omar (D-MN) and Alexandria Ocasio-Cortez (D-NY).
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AI deepfake advertisements can generate a lot of buzz and attention for candidates, but they can also confuse voters who may not realize that the video they are watching was created with AI. The various impacts on viewers have prompted states to pass their own laws on election-related deepfake advertisements, as the federal government has yet to regulate the issue nationally.
Thirty-one states across the U.S. have passed laws regulating election-related AI deepfake videos as of late June, according to the National Conference of State Legislatures. However, the laws in Hawaii and California were each struck down by courts as violating the First Amendment right to free speech, reducing the total number of states with such regulations to 29.
Most states that regulate AI advertisements in elections require the advertising party to disclose whether the ad contains a deepfake. Colorado and Utah require additional metadata disclosures, such as the date of creation, the date of editing, and the creator.
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Maryland, Minnesota, and Texas have opted to prohibit election-related deepfakes, though Minnesota’s and Texas’s prohibitions are only active at certain points, while Maryland’s prohibition is indefinite. In Minnesota, deepfakes are prohibited either once the absentee voting period begins or 90 days prior to a nominating convention. Texas law prohibits deepfakes in the 30 days leading up to an election.
Though the federal government does not regulate election-related AI deepfakes, President Donald Trump did sign into law the “Take It Down Act” this year, prohibiting revenge pornography and other harmful deepfakes.
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