State AI Election Deepfake Laws Struggle to Keep Pace With 2026 Midterms
Thirty-one states now have election deepfake laws, but most rely on AI disclosure warnings that leave fabricated political ads in circulation. Louisiana and Maryland illustrate the limits of current protections as AI-generated campaign content surges ahead of the 2026 midterms.
Thirty-one states have enacted laws targeting AI-generated election deepfakes, but most of those statutes rely on disclosure requirements that allow fabricated political content to remain in circulation as long as it carries a warning, according to a June 2026 report from the National Conference of State Legislatures. The finding raises questions about how much protection voters actually receive as the 2026 midterm elections approach and AI-generated campaign content proliferates nationwide.
California and Texas passed the first election-deepfake laws in 2019, but the vast majority of states adopted theirs in 2024 or later. Among the 31 states with such laws, 28 require disclosures. Only Maryland, Minnesota, and Texas prohibit certain election deepfakes outright, even when the content carries an AI warning. In the remaining states, a label telling viewers that content was generated or manipulated using artificial intelligence can satisfy the government's disclosure requirement, meaning the fabricated ad can stay on the airwaves.
Louisiana offers a clear example of the disclosure model. A June 2026 state law requires a clear warning about AI use in certain campaign ads that falsely depict candidates, including printed materials, online advertisements, and broadcasts. For videos, adding the required warning satisfies the disclosure requirement. The warning tells voters how the content was made, not whether its accusations are true, and it does not excuse violations of other laws. A 2023 Republican National Committee ad that depicted an imagined future after former President Joe Biden's reelection carried the label «Built entirely with AI imagery,» illustrating how a disclosure can accompany an ad without stopping its circulation.
Louisiana's law excludes candidates for federal office, so a fabricated video about a congressional candidate does not need an AI warning. For ads involving state and local candidates, leaving out a required warning can carry serious consequences. Violators found to damage a candidate's reputation or deceive voters face fines of up to $2,000, up to two years in prison, or both. Local district attorneys generally decide whether to prosecute, subject to the state attorney general's supervision. A separate May 2026 Louisiana law requires campaign calls that use AI to reproduce a public figure's voice to disclose that use at the beginning of the call, with civil fines of up to $2,500 for a first violation and $5,000 for subsequent violations, enforced by the state board of ethics.
Maryland takes a stricter approach. Its May 2026 law prohibits certain deceptive election deepfakes even when they carry an AI warning, covering images, audio, and video created or altered with AI or other digital tools to falsely depict a person in a way that looks or sounds genuine. Adding a label to a fabricated confession would not, by itself, make it lawful. Whether someone violates the law also depends on their actions and purpose: they must knowingly or recklessly create, use, or spread a deepfake to produce materially false information, with an intent such as influencing a voting decision. The law separately requires actual or intended harm to a voter, potential voter, or ballot petition, but does not define that harm. Misleading voters about a candidate alone does not automatically establish a violation. A conviction can bring a fine of up to $5,000, up to five years in prison, or both.
Maryland also gives election officials tools to respond when false voting information spreads. The state's top election administrator must publicly correct credible reports of misinformation about voting procedures, results, or rights, and can seek court-ordered removal of misinformation, though not against online services hosting others' posts. The State Board of Elections maintains a rumor control page to monitor disinformation. These powers do not let officials remove every false claim about a candidate, and the public can report election misinformation for referral to the state attorney general. Maryland's reporting system dates to a 2024 law, but its deepfake prohibition and new removal authority took effect June 1, 2026.
The scale of the challenge is growing. By early September 2026, the Wesleyan Media Project had identified at least 164 political ads nationwide created or enhanced with AI during the 2026 election cycle, accounting for nearly $80 million in ad spending. About seven in ten of those ads carried no AI disclosure, though the count includes uses beyond deceptive impersonations. Neither disclosure requirements nor removal powers guarantee that a correction will reach voters before they cast their ballots.
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