General

Election Communications

Any communication made or paid for to support or oppose candidates/parties or solicit contributions.

How the laws define this

Regulators consistently agree that election communications comprise content, advertisements, or messages distributed with the intent to influence an election, voter behavior, or political outcomes. The most crucial divergence among these instruments lies in how they define the triggers of timing and speaker identity. Montana SB 25 establishes a strict temporal boundary, applying only to content distributed within 60 days of the initiation of voting where a candidate appears on the ballot, whereas Nevada AB 73 broadly covers messages disseminated throughout an entire election cycle. Furthermore, RELATING TO ELECTIONS -- DECEPTIVE AND FRAUDULENT SYNTHETIC MEDIA IN ELECTION COMMUNICATIONS restricts its reach strictly to specific entities such as candidates, campaign committees, political action committees, party committees, or independent spenders. By contrast, Nevada AB 73 covers messages made or paid for by any individual or organization, while California AB 2839 and Rhode Island HB 5872 broadly regulate the content formats themselves—including mailers, broadcasts, robocalls, texts, and digital media—regardless of who creates them.

Synthesised from the 5 statutory definitions below. Each one is quoted in full, with its source.

How jurisdictions differ

What is distinctive in each definition, binding law in force first.

Jurisdiction	Instrument	Status	What is distinctive
Nevada, United States	Nevada AB 73 - Deepfakes Regulation	In Force	Broadens to explicitly include ballot measures alongside candidates and parties, and covers content by individuals, organizations, candidates, or political committees.
Rhode Island, United States	Rhode Island HB 5872 - Deepfakes Regulation	In Force	Widens to all forms of media, advertisements, public statements, and digital content without limiting to paid or specific actors.
California, United States	California AB 2839 - Deceptive Election Content	In Force	Specifies forms like mailers, television advertisements, radio spots, robocalls, and text messages as examples of communications.
Montana, United States	Montana SB 25 - Deepfakes Regulation	In Force	Limits to communications distributed within 60 days of voting initiation for elections with specific candidates on the ballot.
Rhode Island, United States	RELATING TO ELECTIONS -- DECEPTIVE AND FRAUDULENT SYNTHETIC MEDIA IN ELECTION COMMUNICATIONS	In Force	Limits to communications made by candidates, authorized campaign committees, PACs, party committees, or independent expenditure makers.

What it triggers

In Nevada, under AB 73, election communications containing deepfakes mandate clear disclosure.source
In Rhode Island, under HB 5872, election communications prohibit undisclosed distribution of deceptive AI-generated synthetic media, enforced through private civil litigation.source
In Rhode Island, under Public Law 2025 Ch. 409, election communications by specified political actors prohibit distribution of undisclosed deceptive synthetic media within 90 days of an election.source
In California, under AB 2839, election communications prohibit distributors from sharing materially deceptive AI-generated media that falsely portrays candidates or election officials near elections.source
In Montana, under SB 25, election communications prohibit knowing distribution of deceptive political deepfakes, enforced by the Commissioner of Political Practices.source

Definitions (5)

Election communications, as defined by AB 73, encompass a broad range of messages disseminated during an election cycle. This includes content made or paid for by individuals, organizations, candidates, or political committees, intended to influence voters regarding a candidate, political party, or ballot measure, or to solicit financial contributions.

Nevada AB 73 - Deepfakes RegulationDefinition 1 of 5

Election communications encompass all forms of media, advertisements, public statements, and digital content distributed with the intent to influence the outcome of an election, including supporting or opposing candidates or ballot measures. This term defines the scope of content regulated by the deepfake law.

Rhode Island HB 5872 - Deepfakes RegulationDefinition 2 of 5

Any communication made by a candidate, authorized candidate campaign committee, political action committee, political party committee, or person or entity making an independent expenditure, intended to influence an election.

RELATING TO ELECTIONS -- DECEPTIVE AND FRAUDULENT SYNTHETIC MEDIA IN ELECTION COMMUNICATIONSDefinition 3 of 5

An advertisement or other communication related to an election, encompassing various forms such as mailers, television advertisements, radio spots, robocalls, and text messages, intended to influence voter behavior or perceptions.

California AB 2839 - Deceptive Election ContentDefinition 4 of 5

A communication that is distributed, disseminated, published, broadcast, transmitted, or displayed within 60 days of the initiation of voting in an election at which a candidate for elective office appears on the ballot.

Montana SB 25 - Deepfakes RegulationDefinition 5 of 5

Not to be confused with

Political Communication

Political communication focuses on advocacy for or against candidates, parties, or ballot measures especially near elections, while election communications here specify actors or timing.

Election Campaign Communication

Election campaign communication emphasizes media or messages influencing voters with disclosure requirements, differing from the actor- or time-specific scopes in these definitions.

Campaign communication

Campaign communication includes advocating, injuring, influencing outcomes, or soliciting contributions, overlapping but not always limited to election timing or specific actors as here.

Questions and answers

What disclosures are required for deepfakes in Nevada election communications?

Nevada AB 73 mandates clear disclosure for deepfakes in election communications to prevent misinformation and ensure transparency.

Which Rhode Island laws regulate deepfakes in election communications?

Rhode Island HB 5872 and Public Law 2025 Ch. 409 both regulate election communications by prohibiting undisclosed deceptive synthetic media, with HB 5872 enforced via private litigation and Ch. 409 targeting specific political actors within 90 days of elections.

What is the time limit for regulated deepfakes in Montana election communications?

Montana SB 25 applies to communications within 60 days of voting initiation and prohibits knowing distribution of deceptive political deepfakes.