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States are responding to AI-generated election deepfakes with a patchwork of disclosure requirements, narrow publication restrictions and penalties—not one consistent national standard. The rules differ on what media they cover, who is liable, how close to an election they apply and what remedies are available. The National Conference of State Legislatures (NCSL) tracker includes enactments through 2026, but the available sources do not support a single, consistently defined current state count or show whether these laws have reduced deepfake circulation.
What states’ election deepfake laws generally require
The most common state approach is to require a disclosure when specified synthetic or manipulated media appears in political communications. NCSL’s overview, “AI in Elections: A Look at the Federal and State Legislative Landscape,” says: “By far, the most common approach to regulation has been requiring disclosures.” A disclosure rule is not the same as a ban: it can require a label while allowing the communication to be published.
Other laws impose limited restrictions on publishing particular deceptive media during a defined period before an election or voting. Some provisions also set penalties or provide a way to seek a court order or other remedy. These rules target specific conduct under stated conditions; they should not be described as bans on all AI-assisted political speech.
Why the rules are difficult to compare
A law’s practical reach depends on more than whether it mentions deepfakes. State provisions can differ across several important dimensions:
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- Media covered: Some rules refer to deepfakes or synthetic media generally; others focus on audio, video, images or a particular kind of manipulated depiction.
- People and conduct covered: A provision may apply to a creator, distributor, campaign, political communication or election official. These categories are not interchangeable.
- Timing: Some rules operate only within a set pre-election or voting period, while others do not state an election-period limit in the NCSL summary.
- Required state of mind or harm: A law may depend on intent, knowledge, deception or a specified risk of harm. The exact statutory trigger matters.
- Exceptions: Exceptions for satire, parody or journalism can change which communications are covered.
- Enforcement: Laws may provide for civil penalties, injunctions or damages; some entries also describe criminal penalties. Which authority can act, and under what conditions, varies by state.
Those differences mean that a label requirement in one state cannot be assumed to apply to the same content—or carry the same consequences—in another. NCSL’s state-by-state tracker is useful for orientation, but the operative statute, amendments, effective dates and court orders determine the law that applies in a particular case.
Examples show how much the rules vary
The NCSL tracker illustrates the range of approaches. The following are selected examples, not a complete survey or legal analysis of each state’s current code.
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| State or provision | Timing or scope in the NCSL summary | Approach described |
|---|---|---|
| Alabama (2024) | Within 90 days before an election; the summary describes a requirement tied to intent to harm a candidate’s reputation and electoral prospects. | A disclaimer is required for certain materially deceptive media. |
| Colorado (2024) | Within 60 days; the summary concerns certain candidate deepfakes. | A disclosure is required and the entry specifies metadata information. |
| Kentucky (2025) | 45-day period, as described in the tracker. | A time-limited rule; consult the current statutory text for its precise coverage and requirements. |
| Minnesota | Defined pre-election or voting periods; the tracker summary does not give a single window here. | Restricts publication of certain deepfake media during the specified periods. |
| Texas | Within 30 days before an election. | Criminal prohibition on certain deepfake videos under the conditions described in the entry. |
The different windows do not create a common nationwide countdown. The event that starts a period, the elections covered and the kinds of media or conduct that trigger the rule must be checked in the relevant state’s law.
Measures enacted in 2025
NCSL’s 2025 enactment summary also lists measures in Montana, Nevada, North Dakota, Rhode Island and South Dakota. The summaries describe different designs: one applies to officials acting in an official election capacity; others establish disclosure requirements for synthetic media in political communications; and the South Dakota measure prohibits specified deepfakes intended to influence an election. Because these are summaries, they should not be treated as a substitute for the enacted bill or current code when determining a law’s exact language or reach.
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California’s platform provisions have a separate litigation caveat
NCSL’s current tracker describes California provisions requiring large online platforms to develop techniques to identify and remove specified deceptive election content within a defined period around an election, and to accept reports from specified individuals. The tracker marks certain California provisions as “Permanently enjoined.” That status is essential context: a tracker entry describing an obligation does not establish that an enjoined provision is currently enforceable. Anyone relying on it should check the latest court record and operative law.
What the available counts do—and do not—tell you
The figures below describe legislative activity in 2024, not the number of states with laws today. They also measure different things, so they should not be combined into a present-day state tally.
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| Figure | What it measured | Date and source |
|---|---|---|
| 14 states | States that had enacted new laws or provisions regulating deepfakes in political communications from January 1 through July 31, 2024. | Brennan Center for Justice, 2024 review. |
| 151 bills | Bills addressing deepfakes and deceptive media in the elections context that had been introduced or passed; the Center said at least 100 specifically targeted deepfakes and other deceptive media in political communications to the public. | Brennan Center for Justice, as of July 31, 2024. |
Counts change depending on whether a source includes introduced bills, passed bills, enacted laws, all campaign rules involving AI or only deepfake-specific measures. Enactments continued after 2024, and NCSL’s tracker includes entries through 2026. The consulted material does not provide a unified current count using one consistent definition.
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The laws differ not only in wording but also in what problem they try to address. A disclosure requirement can make synthetic content more identifiable; a time-limited restriction can target publication close to voting; and a platform provision can impose duties on a particular intermediary. Their existence alone does not show how often they are enforced, whether they deter harmful conduct or whether they reduce the reach of deceptive media.
The consulted sources summarize legislation rather than provide a comparable evaluation of outcomes. They therefore support describing an uneven and evolving legal landscape, but not claiming that every law is ineffective, that all states lack other applicable legal tools, or that these measures have demonstrably reduced election deepfakes.
How to check a rule that may apply
- Start with the state and election. Identify where the communication was published and which election the provision covers.
- Read the current statutory text. Check the covered media, actors, timing, intent or knowledge requirements, exceptions and available remedies rather than relying only on a tracker summary.
- Verify the law’s status. Confirm its effective date, later amendments and any injunction or other controlling court order. This is particularly important for provisions flagged by NCSL as enjoined.
- Distinguish legal categories. Determine whether the rule requires a disclosure, restricts publication under specific conditions or creates a platform duty. One category does not imply another.
NCSL’s “Artificial Intelligence (AI) in Elections and Campaigns” tracker and its 2024 and 2025 election-enactment summaries provide starting points for locating provisions. The Brennan Center for Justice’s “States Take the Lead in Regulating AI in Elections — Within Limits” supplies the dated 2024 legislative figures above. For a decision about a real communication, the current statute and relevant court orders—not a summary page—are controlling.
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