Merkley, Padilla lead new legislation to protect U.S. elections from fraudulent artificial intelligence
WASHINGTON (KTVZ – Senators Jeff Merkley (D-OR) and Alex Padilla (D-OR) — along with Senators Mazie Hirono (D-HI), Sheldon Whitehouse (D-RI), and Peter Welch (D-VT) — announced Friday the introduction of the Fraudulent Artificial Intelligence Regulations (FAIR) Elections Act.
The bill aims to ensure the rise of artificial intelligence (AI) does not enable mass voter suppression and disenfranchisement. The FAIR Elections Act bans false election-related AI-generated content intended to suppress voters and prohibits the removal of voters from rolls unless using verified voter databases, according to Merkley's news release, which continues in full below.
“We must use every tool at our disposal to protect the integrity of our elections. In 2024, that means stopping bad actors who abuse AI to spread disinformation about voting to further their dangerous voter suppression efforts. The FAIR Elections Act is first-of-its-kind legislation to crack down on the misuse of AI in our electoral system,” Merkley said. “As Americans—particularly Black Americans and other communities of color—continue to face efforts that make it harder for them to vote, Congress must act decisively to protect our freedom to vote in the face of 21st-century threats like AI.”
“No citizen should be prevented from making their voice heard because they are misled by disinformation about how to vote, or because of unverified databases forcing them off the voter rolls,” Padilla said. “These efforts, made easier and more prolific through artificial intelligence, are the latest threat in our nation’s long history of disenfranchising minorities in America. We must address the threat of AI-related voter suppression head on and redouble our efforts to protect every American’s fundamental right to vote in a free and fair electoral process.”
The threats AI poses to our elections are no longer theoretical: On Election Day in Texas’ 2020 presidential primary, robocalls falsely informed people that voting would take place a day later, attempting to trick voters into arriving at polling sites too late to cast a lawful ballot. New digital tools also allow individuals or vigilante groups to file mass voter challenges using questionable, scraped public data and allow the automation and submission of voter challenges.
“Voting is a fundamental right for every American, but factors such as AI-generated content and election disinformation enable voter suppression and pose a threat to this essential component of our democracy,” Hirono said. “The Fair Elections Act of 2024 would help to combat voter suppression by prohibiting the distribution of false AI-generated election information and the removal of voters from databases unless verified. I will keep fighting to ensure that every eligible voter can make their voices heard.”
“Right-wing interests have created a voter suppression apparatus with the aim of making it harder for eligible citizens to vote. Artificial intelligence tools have made it easier than ever to spread election disinformation and kick folks off the rolls without proper basis. The FAIR Elections Act will better protect the right to vote, which is essential to the health of our democracy,” Whitehouse said.
“The rise of AI has created a dangerous situation where people can easily impersonate elected officials and spread disinformation to dilute the will of the American people. These tactics unjustly purge eligible voters from casting their ballot and disproportionately target minority voters, whose voices have long been suppressed,” Welch said. “Our bill creates crucial guardrails around AI use to safeguard free and fair elections.”
The FAIR Elections Act prohibits the knowing distribution of false AI-generated election content with the intent of preventing another person from exercising their right to vote, such as disinformation about the time, place, or manner of a federal election or eligibility to vote in an election. It also protects election officials from being targeted or harassed through false AI-generated depictions. Additionally, the legislation defends voters by amending the National Voter Registration Act to ban the removal of voters from the voter rolls unless a voter is determined to be ineligible to vote using adequate and verified voter information.
Merkley and Padilla’s FAIR Elections Act is supported by Public Citizen, Common Cause, Campaign Legal Center, and Lawyers’ Committee.
“AI undoubtedly provides bad actors with new tools to harm our democracy more easily and effectively, increasing the urgency of a robust response,” said Jonathan Diaz, director of voting advocacy and partnerships at Campaign Legal Center. “If left unchecked, bad actors could use AI to undermine confidence in our elections and infringe on the freedom to vote, including spreading disinformation designed to discourage voter turnout and potentially spurring frivolous mass challenges to voters’ eligibility. Campaign Legal Center applauds lawmakers for introducing this critical legislation to help address the unique challenges AI poses for our democracy. While there’s still more work to be done on the issue of AI in our elections, this is an important step forward toward a safer, healthier democracy for all.”
"All Americans deserve to know who is trying to influence their voices and their votes," said Ishan Mehta, Media and Democracy Program Director for Common Cause. "The unfettered use of automated tools like EagleAI and malicious deepfakes threatens the fundamentals of our democracy. This bill would establish reasonable and crucial protections against these risks to ensure that no American’s right to participate in our democracy is hindered, and we commend Senator Merkley for introducing this common-sense legislation."
“Those who want to deny Black people the ability to register and vote are looking to Artificial Intelligence to do their dirty work,” said Alex Ault, Policy Counsel for The Lawyers’ Committee for Civil Rights Under Law. “We can’t allow the use of AI to limit voting rights by supercharging meritless voter challenges, nor enabling deliberate attempts to mislead and suppress voters. The introduction of the Fraudulent Artificial Intelligence Regulations (FAIR) Act shows Congress how to put a foot down on despicable attacks to our democracy enabled by this evolving technology.”
The full text of the FAIR Elections Act can be found by clicking here.
