Governance

Election

Includes primary elections under Michigan Election Law.

How the laws define this

Both statutory provisions agree that primary elections fall squarely within the definition of an election. This shared inclusion of primary contests forms the common core between the two instruments. The main divergence lies in the structural breadth and types of voting covered. Alabama HB 172 sets an expansive scope that encompasses a federal, state, legislative, judicial, countywide, local, general, primary, runoff, or special election. By contrast, Michigan Election Law §168.932f, under Public Act 265 of 2023, provides a targeted definition stating that the term includes any primary election held in the state of Michigan. Consequently, Alabama HB 172 applies across a wide variety of governmental levels and vote categories—including general, runoff, judicial, countywide, and special elections—whereas Public Act 265 of 2023 explicitly focuses its statutory scope on primary contests held within Michigan. Compliance officers must therefore account for whether a governing rule broadly covers all electoral formats or specifically targets primary events within a state.

Synthesised from the 2 statutory definitions below. Each one is quoted in full, with its source.

What it triggers

In Michigan, under Public Act 265 of 2023 (HB 5144), it prohibits the distribution of materially deceptive media within 90 days of an election without disclaimers.source
In Alabama, under HB 172, it prohibits individuals and political campaigns from distributing deceptive AI-generated deepfakes within 90 days of an election and mandates clear disclaimers for synthetic election content.source

Definitions (2)

For the purposes of this act, the term 'election' includes any primary election held in the state of Michigan.

Distribution of materially deceptive media; prohibition; violation; misdemeanor; penalties; injunctive relief; definitions (Michigan Election Law §168.932f) — Public Act 265 of 2023 (HB 5144)Definition 1 of 2

A federal, state, legislative, judicial, countywide, local, general, primary, runoff, or special election.

Alabama HB 172 - Deepfakes in ElectionsDefinition 2 of 2

Not to be confused with

Elections in California

Elections in California are limited to those where a California candidate or statewide measure appears on the ballot, unlike the broader or state-specific scopes here.

Election Period

Election period refers to a specific time frame from early February in even-numbered years through the next general election, not the types of elections covered here.

Questions and answers

Does 'election' under Michigan law include only primaries?

Yes, for Michigan Public Act 265 of 2023, 'election' is defined to include any primary election held in the state of Michigan.

What types of elections are covered by Alabama's deepfake law?

Alabama HB 172 defines 'election' broadly to include federal, state, legislative, judicial, countywide, local, general, primary, runoff, or special elections.

How does Michigan's election definition differ from Alabama's for deepfake rules?

Michigan limits it to primary elections in the state, while Alabama covers a wide range including federal, general, runoff, and special elections.