General

Political Communication

Communication advocating for or against a candidate, party, or ballot measure, especially near an election.

How the laws define this

Regulating political communication across jurisdictions centers on messages associated with candidates, political parties, or election outcomes, yet key legal frameworks diverge fundamentally regarding payment, timing, and intent. North Dakota HB 1167 - Deepfakes Regulation defines the term around intent, capturing any message, advertisement, or content distributed to influence an election, promote or oppose candidates, or advocate political issues, specifically addressing AI-generated content. In contrast, New York FY2025 Budget - Deepfakes Provisions (Election Law Amendment) includes advocacy for candidates, parties, or ballot measures, but uniquely expands to cover any communication that merely refers to them if distributed within sixty days of a primary or general election. Diverging from both, Wisconsin Act 123 (formerly AB 664) - Deepfakes Regulation in Political Advertisements relies strictly on funding source and format, limiting its scope entirely to audio or video communications paid for by designated entities such as candidate committees, political parties, or referendum committees.

Synthesised from the 3 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
New York, United States	New York FY2025 Budget - Deepfakes Provisions (Election Law Amendment)	In Force	Adds communications that merely refer to a candidate, party, or ballot measure if distributed within sixty days of a primary or general election.
North Dakota, United States	AN ACT to create and enact a new section to chapter 16.1-10 of the North Dakota Century Code, relating to artificial intelligence disclosure statements.	In Force	Specifies messages, advertisements, or content distributed with intent to influence elections, promote/oppose candidates, or advocate political issues, targeting AI-generated content.
Wisconsin, United States	Wisconsin Act 123 (formerly AB 664) - Deepfakes Regulation in Political Advertisements	In Force	Limits to audio or video communications paid for by specified political committees.

What it triggers

In New York, it mandates prominent disclaimers on political deepfakes depicting candidates or officials falsely.source
Under North Dakota HB 1167, it mandates clear disclosures on AI-generated or altered political media.source
Under Wisconsin Act 123, political committees must clearly disclose AI-generated audio or video content in campaign advertisements.source

Definitions (3)

Any communication that advocates for or against a candidate for public office, a political party, or a ballot measure. It also includes communications that merely refer to a candidate, political party, or ballot measure, provided they are distributed within sixty days of a primary or general election.

New York FY2025 Budget - Deepfakes Provisions (Election Law Amendment)Definition 1 of 3

Any message, advertisement, or content distributed with the intent to influence the outcome of an election, promote or oppose a candidate, or advocate for a particular political issue. HB 1167 specifically targets AI-generated content within this domain to ensure transparency.

North Dakota HB 1167 - Deepfakes RegulationDefinition 2 of 3

Any audio or video communication paid for by a candidate committee, legislative campaign committee, political action committee, independent expenditure committee, political party, recall committee, or referendum committee.

Wisconsin Act 123 (formerly AB 664) - Deepfakes Regulation in Political AdvertisementsDefinition 3 of 3

Not to be confused with

Election Campaign Communication

Election campaign communication covers any media or message to influence voters with disclosure requirements, while this term varies by definition across jurisdictions.

Campaign communication

Campaign communication includes advocating, injuring, influencing outcomes, or soliciting contributions, whereas this term focuses on advocacy for or against candidates, parties, or measures with specific scopes.

Questions and answers

What triggers disclosure requirements for political deepfakes?

In New York, prominent disclaimers are mandated for political deepfakes depicting candidates or officials falsely. Wisconsin Act 123 requires disclosures for AI-generated audio or video in ads by political committees. North Dakota HB 1167 mandates disclosures on AI-generated or altered political media.

Does mere reference to a candidate count as political communication?

Under New York's definition, communications that merely refer to a candidate, party, or ballot measure count if distributed within sixty days of a primary or general election.

Who must disclose AI in political ads under these laws?

Wisconsin Act 123 binds candidate committees, legislative campaign committees, PACs, independent expenditure committees, political parties, recall committees, or referendum committees. North Dakota HB 1167 binds creators and distributors of AI-generated political media.