The 2024 election comes as Artificial Intelligence has not only gotten better, but much more accessible. A bill moving forward in the New Mexico House tries to catch election policy up with the fast-moving technology that can create hard-to-spot fakes. The bill would help ensure voters know what they are looking at when AI is used to create disinformation.
Some voters in New Hampshire featuring a voice that sounded remarkably like President Joe Biden discouraging them from casting a ballot in the state鈥檚 primary election last week.
鈥淚t鈥檚 important that you save your vote for the November election,鈥� the voice said. 鈥淰oting this Tuesday only enables the Republicans in their quest to elect Donald Trump again.鈥�
The state鈥檚 Department of Justice is investigating and it appears to be AI-generated.
Only five states have laws on the books that explicitly require disclosures of misleading AI content like this, or 鈥渄eepfakes,鈥� according to State Rep. Gail Chasey (D-Bernalillo) is hoping New Mexico joins them.
鈥淲e want to actually make certain that people know what they鈥檙e seeing in elections,鈥� she told her colleagues on the House Government, Elections and Indian Affairs Committee Wednesday.
She is sponsoring , which would amend the state鈥檚 , requiring that any 鈥渕aterially deceptive media鈥� comes with a disclaimer that it was made using AI. That way, voters are aware that 鈥� no matter how realistic something is 鈥� it depicts someone doing or saying something that never happened.
The bill makes it a crime to distribute content like this without such a disclaimer. A first offense would be a misdemeanor punishable by up to 90 days in jail, a $500 fine, or both. A second offense within five years would be a felony, resulting in a five year sentence, $1,000 fine, or both.
If the disclosure is made, it would not be a crime in and of itself under this bill to distribute a deepfake.
Lindsey Bachman with the Secretary of State鈥檚 Office told the panel of lawmakers Wednesday that her office would take complaints about potential violations.
鈥淭here would not be a dedicated person responsible for watching all the ads ever,鈥� she explained.
She said the office would refer potential criminal cases to the attorney general or a district attorney. The bill also allows for a person who is falsely depicted, an impacted candidate or an organization representing voters to seek a remedy through the courts.
The bill passed out of the committee on a 7-2 vote. It now heads to the House Judiciary Committee.
