Compliance

Electioneering communication

A communication of a political nature covered by the bill's AI content disclaimer requirements.

How the laws define this

Core consensus establishes that an electioneering communication is a public message referring to a candidate for elected office during a specific timeframe before an election. Regulatory frameworks diverge most sharply on advocacy thresholds and media scope. Montana SB 25 explicitly restricts the definition to communications that do not expressly advocate for the election or defeat of a candidate. In contrast, Washington SB 5152 encompasses public communications that directly or indirectly support or oppose a candidate, targeting synthetic media distributed within 60 days of an election. Additionally, while one bill focuses on disclaimers for generative artificial intelligence and Idaho HB 664 addresses candidate outreach within set pre-election windows, an act amending state election laws expands coverage to include digital content promoted for a fee.

Synthesised from the 6 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. Showing 5 of the 6 instruments that define this term; all are listed under Definitions below.

Jurisdiction	Instrument	Status	What is distinctive
Idaho, United States	Idaho HB 664 - Deepfakes Regulation	In Force	Specifies a particular pre-election period as defined in Chapter 66, Title 67, Idaho Code, and explicitly encompasses various forms of public outreach intended to influence elections.
Montana, United States	Montana SB 25 - Deepfakes Regulation	In Force	Defines a precise 60-day window before general elections or 30 days before primaries, targets the relevant electorate, and expressly excludes communications advocating election or defeat of candidates.
Washington, United States	Washington SB 5152 - Deepfakes Regulation	In Force	Broadens to any public communication that directly or indirectly supports or opposes a candidate, with a focus on synthetic media distributed within 60 days of an election.
Louisiana, United States	An Act To amend and reenact R.S. 18:1463(A), (F), and (G), 1483(7)(a)(iii), (b)(ii), and (c)(ii), (8), (11)(a) and (d)(ii), and 1501.1(A)(1), to enact R.S. 18:1463(H) and (I) and 1483(33), and to repeal R.S. 18:1463(C)(5), 1491.7(B)(22), and 1495.5(B)(21), relative to political campaigns; to provide for required disclosures in political materials and communications; to provide for disclosures related to the use of artificial intelligence to create the image or likeness of a candidate; to provide for criminal penalties; to provide for campaign finance reporting requirements of persons other than candidates and committees; to provide relative to contributions and expenditures related to electioneering communications; to provide relative to coordinated expenditures; to provide for definitions; to provide for effectiveness; and to provide for related matters.	In Force	Expands to include digital material promoted on public-facing websites and applications for a fee, alongside broadcast, cable, or satellite communications within 60 days before any election.
Missouri, United States	Creates new provisions relating to the use of artificial intelligence in elections	Withdrawn	Limits to communications of a political nature that utilize generative artificial intelligence and must adhere to mandated AI content disclaimer requirements under specified conditions.

What it triggers

In Idaho, under HB 664, prohibits the deceptive use of synthetic media in such communications, restricting content providers from publishing undisclosed deepfakes targeting political candidates.source
In Montana, under SB 25, prohibits individuals and entities from knowingly distributing deceptive political deepfakes within the specified periods.source
In Washington, under SB 5152, mandates clear disclosure for manipulated synthetic media in such communications and provides a private cause of action for violations.source
In Louisiana, under the Act, requires disclosures related to the use of artificial intelligence to create the image or likeness of a candidate in such communications.source

Definitions (6)

An electioneering communication, within the scope of this bill, is a communication of a political nature that must adhere to the mandated AI content disclaimer requirements if it utilizes generative artificial intelligence under specified conditions.

Creates new provisions relating to the use of artificial intelligence in electionsDefinition 1 of 6

A communication that refers to a clearly identifiable candidate for elected office, is publicly distributed, and is made during a specific period before an election, as further defined within Chapter 66, Title 67, Idaho Code. This term encompasses various forms of public outreach intended to influence the outcome of an election.

Idaho HB 664 - Deepfakes RegulationDefinition 2 of 6

While not explicitly defined in the provided summary for HB 664, in general election law, an electioneering communication is a public communication that refers to a clearly identified candidate for federal office and is made within a specific period before an election. For HB 664, it refers to communications relevant to Idaho state or local elections.

Idaho HB 664 - Deepfakes in ElectionsDefinition 3 of 6

A communication that refers to a clearly identified candidate, is publicly distributed within 60 days before a general election or 30 days before a primary election, and is targeted to the relevant electorate, but does not expressly advocate for the election or defeat of a candidate.

Montana SB 25 - Deepfakes RegulationDefinition 4 of 6

An electioneering communication, in the context of SB 5152, refers to any public communication that directly or indirectly supports or opposes a candidate for elective office. The law specifically targets the use of synthetic media within these communications, particularly when distributed within 60 days of an election, to prevent misleading voters.

Washington SB 5152 - Deepfakes RegulationDefinition 5 of 6

Any broadcast, cable, or satellite communication, or digital material, that refers to a legally qualified candidate for elected office and is broadcast or promoted within 60 days before any election in which such candidate is on the ballot. The bill expands this definition to include content promoted on public-facing websites and applications for a fee.

An Act To amend and reenact R.S. 18:1463(A), (F), and (G), 1483(7)(a)(iii), (b)(ii), and (c)(ii), (8), (11)(a) and (d)(ii), and 1501.1(A)(1), to enact R.S. 18:1463(H) and (I) and 1483(33), and to repeal R.S. 18:1463(C)(5), 1491.7(B)(22), and 1495.5(B)(21), relative to political campaigns; to provide for required disclosures in political materials and communications; to provide for disclosures related to the use of artificial intelligence to create the image or likeness of a candidate; to provide for criminal penalties; to provide for campaign finance reporting requirements of persons other than candidates and committees; to provide relative to contributions and expenditures related to electioneering communications; to provide relative to coordinated expenditures; to provide for definitions; to provide for effectiveness; and to provide for related matters.Definition 6 of 6

Not to be confused with

Political advertisement

Political advertisement refers more broadly to any advertisement of a political nature regulated by the bill, while electioneering communication specifies timing and candidate reference requirements.

AI-generated campaign media

AI-generated campaign media focuses on content created or altered using AI tools in campaigns, whereas electioneering communication emphasizes public distribution and election timing.

Electoral Deepfake

Electoral deepfake specifically denotes deepfakes depicting candidates, parties, or voting processes during campaigns, unlike the broader communication formats in electioneering communication.

Questions and answers

What timing restrictions apply to electioneering communications?

Several definitions specify periods like 60 days before general elections or 30 days before primaries, or within 60 days before any election. Idaho refers to a specific period in its code. Missouri ties it to AI disclaimer requirements without specified timing.

Does electioneering communication include digital content?

Louisiana explicitly includes digital material promoted on public-facing websites and applications for a fee. Others focus on public communications without specifying formats.

What disclosures are required for electioneering communications using AI?

Washington mandates clear disclosure for synthetic media. Louisiana requires disclosures for AI-generated candidate images or likenesses. Missouri mandates AI content disclaimers for communications using generative AI.