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Pennsylvania: Fraudulent Misrepresentation of a Candidate Prevention Act referred to House Committee

On May 29, 2024, House Bill 2353 for Fraudulent Misrepresentation of a Candidate Prevention Act, companion to Senate Bill 1217, was referred to the House of Representatives State Government Committee.

The bill provides several definitions, including: 'artificial intelligence,' 'artificially generated impersonation,' and 'campaign advertisement.'

The bill outlines that a current or former candidate for public office may bring a civil action against an individual who, within 90 days before an election and with willful or reckless disregard for the possibility of influencing the outcome of an election, disseminated or caused to be disseminated, a campaign advertisement that contains an artificially generated impersonation of a current or former candidate for public office with the intent to misrepresent their words, actions, or beliefs.

Furthermore, the bill highlights that the court, in addition to any relief awarded to the current or former candidate, may impose a civil penalty not exceeding:

  • $15,000 when the individual impersonated is a current or former candidate for a municipal public office;
  • $50,000 when the individual impersonated is a current or former candidate for a State public office; and
  • $250,000 when the individual impersonated is a current or former candidate for U.S. President, presidential elector, the U.S. Senate, or the U.S. House of Representatives.

The bill will take effect 60 days after its enactment.

You can read the bill here and track its progress here.

Update: June 26, 2024

Bill passed first consideration and re-committed to House Committee

On June 24, 2024, the bill passed its first consideration and was recommitted to House Rules Committee.

You can read the bill here and track its progress here.

Update: September 26, 2024

Bill passed first consideration and re-committed to House Committee

On September 23, 2024, the bill was re-reported as committed and laid on table.

You can read the bill here and track its progress here.