As the 2026 general election season begins, 31 states have passed laws regulating AI-generated deepfake advertisements in campaigns, though court rulings in Hawaii and California have reduced the active total to 29. The patchwork of state rules exists because the federal government has not yet regulated AI imagery in elections, leaving candidates and voters subject to different requirements depending on where they live.
AI-created campaign ads have drawn attention throughout the 2026 cycle. Actor Spencer Pratt posted AI videos of himself saving Los Angeles as Batman. A deepfake of Rep. Thomas Massie (R-KY) showed him in a falsified "throuple" with Reps. Ilhan Omar (D-MN) and Alexandria Ocasio-Cortez (D-NY). These videos can generate buzz for candidates, but they can also mislead voters who don't realize the content was machine-generated.
Disclosure rules and outright bans
Most states that regulate AI election ads require the sponsoring party to disclose when an ad contains a deepfake. Colorado and Utah go further, requiring metadata disclosures such as the date of creation, the date of editing, and the creator's identity.
Maryland, Minnesota, and Texas have chosen to prohibit election-related deepfakes outright. Minnesota's ban takes effect once absentee voting begins or 90 days before a nominating convention. Texas prohibits deepfakes in the 30 days leading up to an election. Maryland's prohibition is indefinite.
The National Conference of State Legislatures tracks these laws, which were in effect as of late June. Government staff who work with campaign materials can find relevant training through AI for Government.
Court challenges and federal inaction
Hawaii and California both passed deepfake election laws, but courts struck them down as violations of the First Amendment right to free speech. That leaves 29 states with active regulations.
The federal government has not passed broad AI deepfake election legislation. President Trump did sign the "Take It Down Act" this year, which prohibits revenge pornography and other harmful deepfakes, but it does not address campaign ads. Policymakers dealing with AI regulations and governance can find structured training through the AI Learning Path for Policy Makers.
Why this matters for government professionals
State and local election officials, communications staff, and policy advisors will encounter AI-generated campaign content this cycle without a single national standard to follow. Knowing whether your state requires disclosure, mandates metadata, or bans deepfakes outright is now part of the job. The rules are also unstable - court challenges in Hawaii and California show that even enacted laws can be overturned, so staying current on state legislation is essential.
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