States adopt varied rules for AI-generated election ads ahead of 2026 vote

The 2026 election season has seen a surge in AI-produced campaign videos, leading each state to craft its own legal approach. A majority of jurisdictions now mandate that any political ad using synthetic media must disclose its deepfake nature, and some, like Colorado and Utah, further require technical details about when the content was created and edited. Maryland has instituted an indefinite prohibition on election-related deepfakes, while Minnesota and Texas restrict such bans to periods surrounding absentee voting or the final month before an election.

Earlier attempts to regulate AI ads at the federal level have not materialized, but the president enacted the Take It Down Act, which targets revenge pornography and other malicious deepfakes. These divergent state rules reflect growing concern over voter confusion and misinformation. The patchwork of laws underscores the challenge of balancing free-speech protections with the need for electoral integrity.