Federal Election Commission - Artificial Intelligence and Campaign Ads

Federal Election Commission

 [From the NTIA - Aug 11, 2023]


REG 2023-02 (Artificial Intelligence in Campaign Ads) Draft Notification of AvailabilityThe Commission approved a Draft Notification of Availability in response to a Petition for Rulemaking filed by Public Citizen. The Petition asks the Commission to amend its regulation on the fraudulent misrepresentation of campaign authority to make it clear that the related statutory prohibition applies to deliberately deceptive Artificial Intelligence (AI) campaign advertisements. The Commission seeks written comment on the Petition. The Notification will be published in the Federal Register at a future date along with the deadline for comments.


About the Federal Election Commission

The FEC was created to promote confidence and participation in the democratic process. The mission of the FEC is to protect the integrity of the federal campaign finance process by providing transparency and fairly enforcing and administering federal campaign finance laws.

Draft Notification of Availability

Draft Notification of Petition for Rulemaking

CAIDP Comments to FEC on AI and Campaign Ads (Oct. 13, 2023)

On October 13, 2023, the Center for AI and Digital Policy submitted detailed comments to the Federal Election Commission regarding the use of AI for campaign advertising. Here are excerpts:


CAIDP supports the petition for rulemaking submitted by Public Citizen. The Commission should amend its regulation on fraudulent misrepresentation of campaign authority to make clear that the related statutory prohibition applies to deliberately deceptive Artificial Intelligence campaign advertisements and public communications.


In our comment below we underscore the unique risks of generative AI and machine learning systems and how these unique risks set these techniques apart from other communications and social media technologies that may be used for campaign ads.


We recommend (1) the FEC issue a policy statement pertaining to “fraudulent misrepresentation” arising out of the use of generative AI systems and (2)  the FEC assign legal liability to actors who use generative AI in “public communications” and campaign advertisements without attribution.


Unique Risks of Generative AI

  • Generative AI has a high propensity for producing indistinguishable falsehoods
  • Generative AI can mimic and manipulate human behavior
  • Generative AI can amplify biases and political microtargeting.
  • Generative AI can be deployed in many levels of the election process

Transparency is a fundamental obligation in Established AI Governance Frameworks

  • OECD AI Principles (endorsed by the US)
  • UNESCO AI Recommendation (US rejoined UNESCO)
  • Universal Guidelines for AI (widely endorsed by AI experts and legal scholars)

Complete CAIDP Statement to the FEC on AI and Campaign Ads [download]


Public Citizen Petition

Letter from Congress to FEC in Support of Public Citizen Petition