Michigan deepfake disclosure law confronts AI election content

Michigan has joined approximately 29 states enforcing laws that regulate AI-generated content in political campaigns, creating a fragmented regulatory landscape as the November 3 midterm elections approach.

The state's legislation mandates disclosure when artificial intelligence or "materially deceptive media" appears in campaign advertisements. This requirement comes as AI-generated attack ads and campaign materials proliferate across the midterm election cycle.

Why it matters

The absence of federal standards means American voters face dramatically different protections against AI manipulation depending on their state of residence. Michigan's attorney general warns that increased AI use in campaigns makes distinguishing fact from fiction increasingly difficult for voters.

State regulatory approaches vary widely

While Michigan and many other states have adopted disclosure requirements for AI-generated campaign content, enforcement mechanisms differ significantly across jurisdictions.

Minnesota and Texas have implemented time-based prohibitions, banning political deepfakes for specific periods before elections. Maryland has taken the most restrictive approach with a year-round ban on political deepfakes.

According to the National Conference of State Legislatures, this patchwork of approximately 29 state laws creates inconsistent voter experiences nationwide.

Michigan campaigns test new rules

The state's gubernatorial race has already spotlighted AI concerns. State Senator Aric Nesbitt, a former candidate, used AI-generated likenesses of Governor Gretchen Whitmer and others in campaign video content, as reported by the Free Press.

Separately, U.S. Senate candidate Mike Rogers attracted attention for an AI-altered image that depicted him with enhanced physical appearance.

Federal action remains stalled

Congress has not established baseline standards for election-related AI deepfakes, despite years of proposed legislation. The only federal AI deepfakes law enacted addresses a separate issue: the Take It Down Act, which became effective in May, targets nonconsensual intimate imagery. That legislation has intersected with election concerns when such imagery has been weaponized in attack ads against women lawmakers.

The regulatory void at the federal level has pushed states to act independently, resulting in the current fragmented approach to election integrity protections.

These details were first reported by Axios Detroit.