Compliance

Qualified political advertisement

Ad containing image, audio, or video generated or substantially altered by AI.

How the laws define this

Regulatory frameworks uniformly identify a qualified political advertisement as election-related audio, visual, or image media generated or altered using artificial intelligence that triggers statutory disclosure obligations. The key point of divergence lies in who must produce the advertisement for the rules to apply. Under the Political Reform Act of 1974 (AB 2355), the requirement applies specifically to advertisements created, originally published, or originally distributed by a committee. Michigan Public Acts 263-266 of 2023 similarly limits its scope to content made by or on behalf of a candidate or committee. In contrast, Michigan House Bills 5141-5145 establish a broader reach, applying disclosure requirements to any advertising related to a candidate, election, or ballot question in Michigan, regardless of whether a candidate or committee sponsored it. Furthermore, Michigan Public Acts 263-266 of 2023 regulates media even if it is only partially generated with artificial intelligence, whereas Michigan House Bills 5141-5145 require the content to be generated wholly or substantially by artificial intelligence.

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
California, United States	California AB 2355 - AI Disclosure in Political Advertising	In Force	Limits applicability to advertisements created, originally published, or originally distributed by a committee as defined under the Political Reform Act.
Michigan, United States	Michigan House Bills 5141-5145 - Regulation of Deepfakes and AI in Election Campaigns	In Force	Widens scope to advertising related to candidates, elections for any office level, or ballot questions, without limiting to specific actors like committees.
Michigan, United States	Michigan Public Acts 263-266 of 2023 - AI in Political Advertising	In Force	Specifies advertisements or sponsored content made by or on behalf of a candidate or committee, explicitly including visual or audio media partially or wholly AI-generated.

What it triggers

In California, such advertisements must include the statutory AI disclosure.source
In Michigan, such advertisements are subject to specified disclosure requirements under the law.source
In Michigan, political advertisers must disclose AI-generated media in such advertisements or sponsored content.source

Definitions (3)

Any advertisement that contains any image, audio, or video that is generated or substantially altered using artificial intelligence and that is created, originally published, or originally distributed by a committee as defined under the Political Reform Act; such advertisements must include the statutory AI disclosure.

Political Reform Act of 1974: political advertisements: artificial intelligence (AB 2355, Chapter 260, Statutes of 2024)Definition 1 of 3

Any advertising related to a candidate, an election for federal, state, or local office, or a ballot question in Michigan that contains any image, audio, or video generated wholly or substantially with the use of artificial intelligence; such advertisements are subject to specified disclosure requirements under the law.

Michigan House Bills 5141-5145 - Regulation of Deepfakes and AI in Election CampaignsDefinition 2 of 3

Any advertisement or sponsored content involving a candidate for federal, state, or local office in Michigan, an election to federal, state, or local office in Michigan, or a ballot question that is made by or on behalf of a candidate or committee and contains any visual or audio media partially or wholly generated with the use of artificial intelligence.

Michigan Public Acts 263-266 of 2023 - AI in Political AdvertisingDefinition 3 of 3

Not to be confused with

Political advertisement

Political advertisement refers broadly to any advertisement of a political nature regulated by the bill, while qualified political advertisement specifically involves AI-generated or altered image, audio, or video.

AI-generated campaign media

AI-generated campaign media covers campaign content created or altered using AI tools generally, whereas qualified political advertisement focuses on advertisements with such content subject to disclosure.

Questions and answers

What disclosures are required for AI-altered political ads in California?

Under California AB 2355, advertisements containing AI-generated or substantially altered image, audio, or video by political committees must include the statutory AI disclosure. This applies to content created, originally published, or distributed by such committees.

Does Michigan law cover AI in ads about ballot questions?

Yes, Michigan House Bills 5141-5145 define qualified political advertisements to include those related to ballot questions containing AI-generated or substantially altered image, audio, or video, subjecting them to disclosure requirements.

Who must disclose AI use in Michigan political ads?

Under Michigan Public Acts 263-266 of 2023, political advertisers making advertisements or sponsored content on behalf of candidates or committees with AI-generated visual or audio media must disclose it.