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