FEC to Contemplate Adopting Fresh Guidelines for AI Implementation in Campaigns

The Federal Election Commission (FEC) will hear comments from experts and the public about a potential rule clarification that would address the use of artificial intelligence (AI) in campaigns. 

The six-member commission voted unanimously to consider the amended petition, brought by the consumer advocacy group Public Citizen, during a Thursday meeting. The approval came after the three Republicans on the commission pushed back on advancing the petition during a first attempt by Public Citizen in June, blocking it in a deadlocked 3-3 vote. 

Thursday’s vote does not mean the commission will be changing the rule to address AI in campaigns, but rather that it will allow the process to go forward to hear public comment. 

“[This is] obviously a topic that is very timely and very important. I don’t pretend that the FEC can solve all of the problems people are concerned about in the field of AI, but it is possible we can solve some of them as the document before us says,” Democratic Commissioner Ellen Weintraub said in the meeting. 

Despite voting with the rest of the commission to advance the proposal, Republican Commissioner Allen Dickerson still expressed concerns about the FEC’s authority to address the use of AI in campaigns. 

Dickerson said there is “nothing special” about the “buzzwords” of generative AI and deepfakes in the petition concerning the FEC’s authority to regulate fraud in campaigns. 

The petition requests the FEC clarify that its law against “fraudulent misrepresentation” applies to deceptive AI campaign communications. Generative AI tools, which have been on a rapid rise over the past year, have already been used in 2024 campaign content — especially in the Republican presidential primary.

Lisa Gilbert, executive vice president at Public Citizen, said the FEC’s vote to advance the petition Thursday sets a timeline that could lead to a possible rule change in time for the 2024 election.

“Certainly there is enough time to put guidance in place from the FEC such that it would impact this election cycle. And without them doing so we’re just going to see AI ballooning, and candidates really having to undergo this accelerated level of lies and misinformation that all these deep fakes are going to bring,” Gilbert said. 

In addition to the FEC, Gilbert said she would like to see Congress take action, as well. 

Among Democrats at least, there is seemingly some support to take action to regulate AI in campaigns. 

Rep. Adam Schiff (D-Calif.) and Sens. Amy Klobuchar (D-Minn.) and Ben Ray Luján (D-N.M.) sent a letter to the FEC’s general counsel last month in support of Public Citizen’s petition.