WHAT THIS BILL REGULATES · 1 REQUIREMENT TYPE
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
This Act may be cited as the ''Candidate Voice Fraud Prohibition Act''.
Establishes the short title of the Act as the Candidate Voice Fraud Prohibition Act. Creates no compliance obligation.
It is the sense of Congress that the prohibitions on paid-for political communications contained within this Act serve the purpose of furthering a compelling government interest by serving the informational interest of voters by preventing voters from hearing materially deceptive and intentionally falsified renderings of candidate voices in political communications, as this type of malicious content in political communications is innately harmful to free and fair elections.
Expresses the sense of Congress that the prohibitions in the Act serve a compelling government interest by protecting the informational interest of voters and preventing materially deceptive, intentionally falsified AI renderings of candidate voices in political communications. This is a non-binding statement of legislative purpose and creates no compliance obligation.
(a) 1 Except as provided in subsection (b), with respect to a communication described in section 318(a) for which a disbursement is made, no person, political committee, or other entity may distribute such a communication if the communication— (1) contains materially deceptive audioMaterially deceptive audioThe term 'materially deceptive audio' means audio or video audio that— (A) mimics the voice of a candidate for election for Federal office in such a manner that the audio would falsely appear to a reasonable person to be the authentic voice of that candidate and the use of that audio has not been pre-approved by the candidate; and (B) does not contain in the communication containing the audio a clear, conspicuous, and overt disclaimer indicating that the audio used in the communication was not actually spoken by the candidate in question, as determined by the Commission.52 U.S.C. § 30125(c)(1) (proposed FECA § 325(c)(1)) generated by artificial intelligenceGenerated by artificial intelligenceThe term 'generated by artificial intelligence' means audio or video audio that is created, in whole or in part, by a computer-based learning algorithm that is able to successfully mimic the pitch, pace, and tone, or any combination thereof, of an actual person's voice.52 U.S.C. § 30125(c)(3) (proposed FECA § 325(c)(3)) which impersonates a candidate's voice; (2) is distributed with actual maliceActual maliceThe term 'actual malice' means knowledge that certain audio or video audio was created using artificial intelligence in order to create a false representation, or a reckless disregard of whether the audio or video audio was, in fact, genuine.52 U.S.C. § 30125(c)(2) (proposed FECA § 325(c)(2)); (3) is intended to injure the candidate's reputation or to deceive a voter into voting against the candidate; and (4) is distributed— (A) within 90 days of a general, special, or runoff election of the office sought by the candidate; or (B) within 60 days of a primary or preference election, or a convention or caucus of a political party that has authority to nominate a candidate for the office sought by the candidate.
This is the bill's core prohibition. It bars any person, political committee, or other entity from distributing a paid-for political communication that contains AI-generated audio impersonating a federal candidate's voice, when four elements are all satisfied: the audio is materially deceptive, the distribution is made with actual malice, the communication is intended to injure the candidate's reputation or deceive voters into voting against the candidate, and the distribution occurs within defined pre-election windows (90 days before a general/special/runoff election or 60 days before a primary/preference election/convention/caucus).
The prohibition is narrower than many state-level AI deepfake election laws because it requires both actual malice and specific intent to injure or deceive. It also applies only to audio impersonation, not visual deepfakes. The safe harbor for disclaimers is built into the definition of materially deceptive audio itself — a communication containing a clear, conspicuous, and overt disclaimer that the audio was not actually spoken by the candidate is excluded from the definition.
(b)(1)–(5) This section does not apply to the following: (1) A radio or television broadcasting station, including a cable or satellite television operator, programmer, or producer, when it is paid to broadcast materially deceptive audioMaterially deceptive audioThe term 'materially deceptive audio' means audio or video audio that— (A) mimics the voice of a candidate for election for Federal office in such a manner that the audio would falsely appear to a reasonable person to be the authentic voice of that candidate and the use of that audio has not been pre-approved by the candidate; and (B) does not contain in the communication containing the audio a clear, conspicuous, and overt disclaimer indicating that the audio used in the communication was not actually spoken by the candidate in question, as determined by the Commission.52 U.S.C. § 30125(c)(1) (proposed FECA § 325(c)(1)). (2) A radio or television broadcasting station, including a cable or satellite television operator, programmer, or producer, that broadcasts materially deceptive audioMaterially deceptive audioThe term 'materially deceptive audio' means audio or video audio that— (A) mimics the voice of a candidate for election for Federal office in such a manner that the audio would falsely appear to a reasonable person to be the authentic voice of that candidate and the use of that audio has not been pre-approved by the candidate; and (B) does not contain in the communication containing the audio a clear, conspicuous, and overt disclaimer indicating that the audio used in the communication was not actually spoken by the candidate in question, as determined by the Commission.52 U.S.C. § 30125(c)(1) (proposed FECA § 325(c)(1)) as part of a bona fide newscast, news interview, news documentary, or on-the-spot coverage of bona fide news events. (3) Materially deceptive audioMaterially deceptive audioThe term 'materially deceptive audio' means audio or video audio that— (A) mimics the voice of a candidate for election for Federal office in such a manner that the audio would falsely appear to a reasonable person to be the authentic voice of that candidate and the use of that audio has not been pre-approved by the candidate; and (B) does not contain in the communication containing the audio a clear, conspicuous, and overt disclaimer indicating that the audio used in the communication was not actually spoken by the candidate in question, as determined by the Commission.52 U.S.C. § 30125(c)(1) (proposed FECA § 325(c)(1)) that clearly constitutes satire or parody, as determined by the Commission. (4) An internet website, or a regularly published newspaper, magazine, or other periodical of general circulation, including an internet or electronic publication, that routinely carries news and commentary of general interest, and that publishes materially deceptive audioMaterially deceptive audioThe term 'materially deceptive audio' means audio or video audio that— (A) mimics the voice of a candidate for election for Federal office in such a manner that the audio would falsely appear to a reasonable person to be the authentic voice of that candidate and the use of that audio has not been pre-approved by the candidate; and (B) does not contain in the communication containing the audio a clear, conspicuous, and overt disclaimer indicating that the audio used in the communication was not actually spoken by the candidate in question, as determined by the Commission.52 U.S.C. § 30125(c)(1) (proposed FECA § 325(c)(1)). (5) An interactive computer service provider, information content provider, or an access software provider as described in section 230(f) of the Communications Act of 1934 (47 U.S.C. 230(f)) who publishes or permits the circulation of materially deceptive audioMaterially deceptive audioThe term 'materially deceptive audio' means audio or video audio that— (A) mimics the voice of a candidate for election for Federal office in such a manner that the audio would falsely appear to a reasonable person to be the authentic voice of that candidate and the use of that audio has not been pre-approved by the candidate; and (B) does not contain in the communication containing the audio a clear, conspicuous, and overt disclaimer indicating that the audio used in the communication was not actually spoken by the candidate in question, as determined by the Commission.52 U.S.C. § 30125(c)(1) (proposed FECA § 325(c)(1)).
Provides broad exemptions from the prohibition for five categories of entities: (1) broadcasters paid to air the material, (2) broadcasters carrying the material as part of bona fide news coverage, (3) satire or parody as determined by the FEC, (4) news publications and websites that routinely carry news and commentary of general interest, and (5) interactive computer service providers, information content providers, and access software providers under Section 230 of the Communications Act. These carve-outs effectively limit the prohibition's reach to the person or entity that commissions and distributes the deceptive audio, rather than intermediaries or news outlets.
(c)(1) The term 'materially deceptive audioMaterially deceptive audioThe term 'materially deceptive audio' means audio or video audio that— (A) mimics the voice of a candidate for election for Federal office in such a manner that the audio would falsely appear to a reasonable person to be the authentic voice of that candidate and the use of that audio has not been pre-approved by the candidate; and (B) does not contain in the communication containing the audio a clear, conspicuous, and overt disclaimer indicating that the audio used in the communication was not actually spoken by the candidate in question, as determined by the Commission.52 U.S.C. § 30125(c)(1) (proposed FECA § 325(c)(1))' means audio or video audio that— (A) mimics the voice of a candidate for election for Federal office in such a manner that the audio would falsely appear to a reasonable person to be the authentic voice of that candidate and the use of that audio has not been pre-approved by the candidate; and (B) does not contain in the communication containing the audio a clear, conspicuous, and overt disclaimer indicating that the audio used in the communication was not actually spoken by the candidate in question, as determined by the Commission.
(c)(2) The term 'actual maliceActual maliceThe term 'actual malice' means knowledge that certain audio or video audio was created using artificial intelligence in order to create a false representation, or a reckless disregard of whether the audio or video audio was, in fact, genuine.52 U.S.C. § 30125(c)(2) (proposed FECA § 325(c)(2))' means knowledge that certain audio or video audio was created using artificial intelligence in order to create a false representation, or a reckless disregard of whether the audio or video audio was, in fact, genuine.
(c)(3) The term 'generated by artificial intelligenceGenerated by artificial intelligenceThe term 'generated by artificial intelligence' means audio or video audio that is created, in whole or in part, by a computer-based learning algorithm that is able to successfully mimic the pitch, pace, and tone, or any combination thereof, of an actual person's voice.52 U.S.C. § 30125(c)(3) (proposed FECA § 325(c)(3))' means audio or video audio that is created, in whole or in part, by a computer-based learning algorithm that is able to successfully mimic the pitch, pace, and tone, or any combination thereof, of an actual person's voice.
Defines three key terms used in the prohibition: materially deceptive audio (AI-generated audio mimicking a federal candidate's voice that would fool a reasonable person and lacks a clear disclaimer), actual malice (knowledge of AI creation for false representation or reckless disregard of authenticity), and generated by artificial intelligence (audio created in whole or in part by a computer-based learning algorithm that mimics pitch, pace, and tone of an actual person's voice). These definitions are purely definitional and create no independent compliance obligations.
(b) Section 309(d)(1) of the Federal Election Campaign Act of 1971 (52 U.S.C. 30109(d)(1)) is amended by adding at the end the following new subparagraph: ''(E) Any person who knowingly and willfully commits a violation of section 325 shall be fined under title 18, United States Code, or imprisoned for not more than 2 years, or both.''
Amends the existing FECA criminal penalties provision at 52 U.S.C. § 30109(d)(1) to add a new subparagraph (E) providing that any person who knowingly and willfully violates the Section 325 prohibition shall be fined under title 18 or imprisoned for not more than 2 years, or both. This is an enforcement provision and creates no independent compliance obligation beyond the prohibition itself.
(c) 2 Not later than 90 days after the date of the enactment of this Act, the Commission shall promulgate regulations to provide guidance with respect to— (1) how to determine if a materially deceptive audioMaterially deceptive audioThe term 'materially deceptive audio' means audio or video audio that— (A) mimics the voice of a candidate for election for Federal office in such a manner that the audio would falsely appear to a reasonable person to be the authentic voice of that candidate and the use of that audio has not been pre-approved by the candidate; and (B) does not contain in the communication containing the audio a clear, conspicuous, and overt disclaimer indicating that the audio used in the communication was not actually spoken by the candidate in question, as determined by the Commission.52 U.S.C. § 30125(c)(1) (proposed FECA § 325(c)(1)) is clearly satire or parody for the purposes of section 325(b) of the Federal Election Campaign Act of 1971, as added by subsection (a); and (2) what constitutes a clear, conspicuous, and overt disclaimer for the purposes of section 325(c)(1) of the Federal Election Campaign Act of 1971, as added by subsection (a).
Requires the Federal Election Commission to promulgate regulations within 90 days of enactment providing guidance on two matters: how to determine whether materially deceptive audio is clearly satire or parody for purposes of the exemption, and what constitutes a clear, conspicuous, and overt disclaimer for purposes of the definition of materially deceptive audio. This obligation runs to the FEC itself rather than to private entities.
(d) 3 Not later than 3 years after the date of the enactment of this Act, and annually thereafter, the Federal Election Commission shall submit a report to the Committee on House Administration of the House of Representatives and the Committee on Rules and Administration of the Senate on— (1) matters relating to compliance with and the enforcement of the requirements of section 325 of the Federal Election Campaign Act of 1971, as added by subsection (a); and (2) recommendations for any modifications to such section to ensure compliance with such section.
Requires the Federal Election Commission to submit reports to the House Committee on House Administration and the Senate Committee on Rules and Administration beginning no later than 3 years after enactment and annually thereafter, covering compliance and enforcement matters under new Section 325 and recommendations for modifications. This is a government reporting mandate, not a private-sector obligation.
(e) This section and the amendments made by this section shall take effect 90 days after the date of the enactment of this Act.
Provides that Section 3 and its amendments take effect 90 days after the date of enactment. This is a procedural provision and creates no compliance obligation.