Padilla Introduces Legislation to Protect Against AI-Generated Election Disinformation
WASHINGTON, D.C. — U.S. Senators Alex Padilla (D-Calif.), a member of the Senate Rules and Administration Committee and California’s former Secretary of State, and Jeff Merkley (D-Ore.) introduced legislation to address the significant impact that election-related disinformation has on communities of color, made more pervasive with the use of Artificial Intelligence (AI). The Fraudulent Artificial Intelligence Regulations (FAIR) Elections Act would ban false AI-generated content about how to vote intended to suppress votes and prohibit the removal of voters from rolls based on unverified voter databases.
U.S. Senators Mazie Hirono (D-Hawaii), Peter Welch (D-Vt.), and Sheldon Whitehouse (D-R.I.) are cosponsoring the bill.
AI is and will continue to power improvements to the security and ease of our election administration. However, it can also pose threats, and those threats are no longer theoretical: On Election Day in Texas’ 2020 presidential primary, robocalls falsely informed people that voting would take place a day later, attempting to trick voters into arriving at polling sites too late to cast a lawful ballot. New digital tools also allow individuals or vigilante groups to file mass voter challenges using unreliable public data and can lead to the mass removal of eligible voters from the rolls.
“No citizen should be prevented from making their voice heard because they are misled by disinformation about how to vote, or because of unverified databases forcing them off the voter rolls,” said Senator Padilla. “These efforts, made easier and more prolific through artificial intelligence, are the latest threat in our nation’s long history of disenfranchising minorities in America. We must address the threat of AI-related voter suppression head on and redouble our efforts to protect every American’s fundamental right to vote in a free and fair electoral process.”
“We must use every tool at our disposal to protect the integrity of our elections. In 2024, that means stopping bad actors who abuse AI to spread disinformation about voting to further their dangerous voter suppression efforts. The FAIR Elections Act is first-of-its-kind legislation to crack down on the misuse of AI in our electoral system,” said Senator Merkley. “As Americans — particularly Black Americans and other communities of color — continue to face efforts that make it harder for them to vote, Congress must act decisively to protect our freedom to vote in the face of 21st-century threats like AI.”
“Voting is a fundamental right for every American, but factors such as AI-generated content and election disinformation enable voter suppression and pose a threat to this essential component of our democracy,” said Senator Hirono. “The Fair Elections Act of 2024 would help to combat voter suppression by prohibiting the distribution of false AI-generated election information and the removal of voters from databases unless verified. I will keep fighting to ensure that every eligible voter can make their voices heard.”
“Right-wing interests have created a voter suppression apparatus with the aim of making it harder for eligible citizens to vote. Artificial intelligence tools have made it easier than ever to spread election disinformation and kick folks off the rolls without proper basis. The FAIR Elections Act will better protect the right to vote, which is essential to the health of our democracy,” said Senator Whitehouse.
“The rise of AI has created a dangerous situation where people can easily impersonate elected officials and spread disinformation to dilute the will of the American people. These tactics unjustly purge eligible voters from casting their ballot and disproportionately target minority voters, whose voices have long been suppressed,” said Senator Welch. “Our bicameral bill creates crucial guardrails around AI use to safeguard free and fair elections.”
The FAIR Elections Act prohibits the knowing distribution of false AI-generated election content, such as disinformation about the time, place, or manner of a federal election or eligibility to vote in an election, with the intent of preventing another person from exercising their right to vote. It also protects election officials from being targeted or harassed through false AI-generated depictions. Additionally, the legislation defends voters by amending the National Voter Registration Act to ban the removal of voters from the voter rolls based solely on information scraped from unreliable, often inaccurate, voter databases.
Padilla and Merkley’s FAIR Elections Act is supported by Public Citizen, Common Cause, Campaign Legal Center, and Lawyer’s Committee.
“AI undoubtedly provides bad actors with new tools to harm our democracy more easily and effectively, increasing the urgency of a robust response,” said Jonathan Diaz, Director of Voting Advocacy and Partnerships at Campaign Legal Center. “If left unchecked, bad actors could use AI to undermine confidence in our elections and infringe on the freedom to vote, including spreading disinformation designed to discourage voter turnout and potentially spurring frivolous mass challenges to voters’ eligibility. Campaign Legal Center applauds lawmakers for introducing this critical legislation to help address the unique challenges AI poses for our democracy. While there’s still more work to be done on the issue of AI in our elections, this is an important step forward toward a safer, healthier democracy for all.”
“Those who want to deny Black people the ability to register and vote are looking to Artificial Intelligence to do their dirty work,” said Alex Ault, Policy Counsel for The Lawyers’ Committee for Civil Rights Under Law. “We can’t allow the use of AI to limit voting rights by supercharging meritless voter challenges, nor enabling deliberate attempts to mislead and suppress voters. The introduction of the Fraudulent Artificial Intelligence Regulations (FAIR) Act shows Congress how to put a foot down on despicable attacks to our democracy enabled by this evolving technology.”
Senator Padilla believes that our democracy is strongest when every eligible citizen participates. He is a champion for more robust voting rights, bipartisan election administration reforms, and increased funding to modernize and secure our elections. Earlier this year, Padilla introduced bicameral legislation to improve voter registration efforts at naturalization ceremonies. Padilla is also a staunch supporter of the Freedom to Vote Act, legislation he and Senate Democrats introduced to improve access to the ballot for Americans, advance commonsense federal election standards and campaign finance reforms, and protect our democracy.
Full text of the bill is available here.
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