House generates election year bill targeting AI in political sphere

The Massachusetts House is poised to pass legislation Wednesday putting limits and disclosure rules on the use of artificial intelligence in elections.

The House plans to take up a Ways and Means redraft of a Rep. Tricia Farley-Bouvier bill that prohibits candidates and other political entities from distributing "with actual malice materially deceptive audio or visual media" with the intent to harm a candidate's reputation or deceive voters about when, where or how to vote within 90 days of an election.

House Ways and Means on Tuesday voted 24-0 in favor of the bill. Seven Republicans voted to reserve their rights, meaning they did not vote in favor of or against the bill.

The final section of the bill states the measure would not apply to "materially deceptive audio or visual media or materially deceptive election-related communication that constitute satire or parody."

The bill would also exempt from the prohibition radio, TV stations, newspapers and magazines who air relevant ads or report on the ads, as long as they acknowledge that there are "questions about its authenticity," according to House Speaker Ron Mariano's office.

Farley-Bouvier said the bill aims to "preserve election integrity" as artificial intelligence tools are developed.

"I think if anything, what I'm finding about anything about AI and data privacy — [they] are bipartisan, or really nonpartisan issues, because it impacts all people," the Pittsfield Democrat said.

The State House News Service on Feb. 3 reported on a fake radio ad posted online by Republican candidate for governor Brian Shortsleeve, which featured an AI-generated version of Gov. Maura Healey's voice. The ad's caption read, "here's what one of her radio ads might sound like — if she was honest." Shortsleeve spokesperson Holly Robichaud called the ad "a parody," but said "there is nothing funny or fake about its substance."

The movement on the House bill comes after the Senate passed legislation to force more frequent fundraising and spending reports from committees that this year are behind a dozen ballot questions. The two bills on the move show the Legislature is taking more interest in political rules as the current election year builds.

“As artificial intelligence continues to reshape our economy and many aspects of our daily lives, lawmakers have a responsibility to ensure that AI does not further the spread of misinformation in our politics," Mariano and House Ways and Means Chair Aaron Michlewitz said in a statement.

The House also plans to take up a Ways and Means redraft of a Minority Leader Brad Jones bill requiring that "synthetic media" — audio or video content produced by AI intended to influence voting for a candidate or ballot proposition — disclose that it contains AI-generated materials at its start and end.

Violators would face a fine of up to $1,000 under the legislation, which would also define the term "generative artificial intelligence." Ways and Means members voted 31-0 on the redraft when polled on Tuesday.

"I think it's timely, and the technology is everywhere — if you watched the Super Bowl ads, half of them either included artificial intelligence or were ads for AI companies. I think the conversation around election security has been in the forefront for the last five years or so, but it seems more turbulent and under siege right now," Committee on Election Laws Co-chair Rep. Dan Hunt said.

The committee voted Jones' bill out favorably last August by a vote of 9-0.

"The citizen wants to make sure what they're watching is what it is, without going through the motion of figuring it out," Hunt said.

Jones told the State House News Service that the language of his bill was filed as a House budget amendment a couple of years ago, though it did not make it into the final spending bill.

"One only needs to look at the increased prevalence of AI-generated things. You go on Facebook and you see people giving speeches, and you realize this isn't actually something they're saying," Jones said. "That can easily lead to sort of mischievous things."

"If you want to do it, you have to let people know so they can make an informed decision," the North Reading Republican said, especially "in the age of buzzwords of transparency and accountability."

The appetite to legislate AI also appears in a Sen. Michael Moore bill that bears the title of Farley-Bouvier's. The Senate side of the Joint Committee on Advanced Information Technology, the Internet and Cybersecurity in October voted 6-0 to approve a redraft of Moore's bill, which is before the Senate Ways and Means Committee. The vote included support from Republican Sen. Peter Durant.

The emergence of generative AI is beginning to transform elections around the nation, as 26 states have enacted laws regulating the use of so-called deepfakes in political campaigns, according to the National Conference of State Legislatures.

"I think there will be a robust conversation and discussion — it's certainly a balancing act," Hunt said when asked about what he expects when the topic hits the floor.

"There have been other states and countries that have done all-out bans on AI in business and elections and advertising. I think what we're trying to do here is be concise and fix the issue that's timely and before us, and ensure that anything that comes out will pass constitutional muster," the Dorchester Democrat said.