Round-up of state legislative news affecting our industry

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In Brief
 
We're starting to see more bills introduced on Artificial Intelligence that will impact Political Advertising (see Michigan and Wyoming), the FEC decided NOT to initiate rulemaking [ [link removed] ] to reduce the minimum permissible size of disclaimers on political advertisements on TV, and in the area of Data Privacy & Protection, California SB 362/Chapter 709 [ [link removed] ] , dubbed The Delete Act, was signed into law while Maine considers its own comprehensive bills.

Advertising and AI
 
Multiple Michigan bills were introduced on October 17 proposing to regulate the use of AI in political campaigns. These bills are tie-barred to each other as indicated, meaning one cannot pass without the other. These bills are pending in the House Elections Committee:
 
 • HB 5141 [ [link removed] ] would prohibit the use of AI in campaign materials without the required disclosures. The bill is tie-barred to HB 5143 [ [link removed] ] , which would define AI as a machine-based system that can make predictions, recommendations, or decisions influencing real or virtual environments for a given set of human-defined objectives. HB 5142 [ [link removed] ] would provide sentencing guidelines for violations of HB 5141, which is also tie-barred.
 • HB 5144 [ [link removed] ] would prohibit the distribution of deepfakes with the intention to influence the outcome of an election and is tie-barred to HB 5145 [ [link removed] ] , which would provide sentencing guidelines and is tie-barred to HB 5144.

The Wyoming Blockchain, Financial Technology and Digital Innovation Technology Committee is set to meet November 20 and 21. During the September meeting [ [link removed] ] , multiple AI/deepfake proposals were discussed, and are listed below. Members have said their goal is to protect citizens from the harmful effects of deep fakes while considering free speech and potential overreach in legislation.
 
 • LSO 0236 [ [link removed] ] , which would make the dissemination of deepfakes a criminal offense without the consent of the impersonated party or without constantly displaying a notice that the media is a deepfake.
 • LSO 0237 [ [link removed] ] , which would make the dissemination of deepfakes a civil offense without the consent of the impersonated party or without constantly displaying a notice that the media is a deepfake.
 • LSO 0239 [ [link removed] ] , which is a proposed model for AI registration. The proposal would require anyone who publicly provides or uses a foundation model in Wyoming to register with the Wyoming secretary of state.

AAPC in Action
 • On October 16th, AAPC filed its comments [ [link removed] REG 2023-02 Deceptive AI_FINAL 101623.pdf ] in response to the Public Citizen's Petition [ [link removed] 2023-02 (Artificial Intelligence in Campaign Ads).pdf ] asking the Federal Election 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 AI campaign advertisements.
 • We anticipate a rapid increase in the introduction of AI-related campaign advertising bills in multiple state legislatures next year and remind AAPC members to uphold an ethical commitment [ [link removed] ] to refrain from the deliberate use of deceptive or "deepfake" AI content in political ads with the intent to mislead voters.

Data Privacy & Protection
 
California SB 362/Chapter 709 [ [link removed] ] was signed by Democratic Gov. Gavin Newsom on October 10 with the bill taking effect January 1, 2026. This law, dubbed the Delete Act, seeks increased limitations on data brokers that amass and sell personal information collected online. It will create a portal for residents to remove personal data that has been collected by the 486 registered data brokers in the state, from purchase history to internet browsing habits. The law will also require data brokers to register with the California Privacy Protection Agency and disclose the types of information they collect.
 
Maine LD 1973 [ [link removed] ] was heard in the Joint Judiciary Committee on October 17 and remains pending in that committee. The bill would prohibit a controller from processing the personal data of a consumer for the purposes of targeted advertising, the sale of personal data, or profiling in furtherance of automated decisions that produce legal or similarly significant decisions concerning the consumer unless the consumer has opted in. The bill does not contain a private right of action but does contain a 30-day right to cure.
 
LD 1977 [ [link removed] ] , was also heard during the same hearing. This comprehensive data and privacy protection bill contains numerous definitions that determine the applicability of the bills’ various provisions to "covered entities," with many novel definitions that include covered high impact social media, covered algorithm, covered language, large data holder and small business. The bill also contains provisions that establish a data broker registry and provide for enforcement by the attorney general, district attorney or municipal counsel. The bill also contains a private right of action with damages of $5,000 per person per violation annual adjusted for inflation or actual damages whichever is greater among other specified damages and relief.
 
AAPC in Action
 • In California, multiple AAPC members engaged with the bill's sponsors, the California Assembly Committee on Appropriations, and coalition partners to address our concerns about the impact of SB362 on our ability to reach out to and engage voters, especially younger and more diverse populations. We will continue to seek clarification on how this new legislation, along with the provisions of the CCPA (The California Consumer Privacy Act) and the CCPR (California Privacy Rights Act) affect our businesses working in the state.
 • To navigate the increasing complexity of the myriad state data privacy and protection legislation, be sure to watch this space, confer with your counsel, and keep AAPC Data Privacy Principles [ [link removed] ] at the forefront of your business decisions.

Roundup: States in Session
 
Massachusetts, Michigan, North Carolina, Ohio, Pennsylvania and Wisconsin are in regular session. The District of Columbia Council and the U.S. Congress are also in session.
 
New Jersey is in recess until November 20.
 
Illinois is scheduled to reconvene for a veto session on October 24.
 
North Carolina is scheduled to adjourn after redistricting in October.
 
Texas Republican Gov. Greg Abbott called the legislature into special session on October 9. The special session is focusing on school choice, which would allow parents to use taxpayer dollars to remove their children from public schools.
 
Wisconsin Senate Republicans introduced Democratic Gov. Tony Evers’ child care funding proposal as special session SB 1 [ [link removed] ] on September 21.
 
The Oklahoma Senate abruptly adjourned their half of the special session [ [link removed] ] called by Republican Gov. Kevin Stitt regarding the state’s tax system sine die on October 3, without taking any action. The House reconvened for day two of the special session on October 4 and adjourned [ [link removed] ] until the call of the chair, meaning the House is technically still in special session.
 
North Dakota Republican Gov. Dog Burgum issued an executive order convening the legislature into a special session on October 23 after the state Supreme Court invalidated SB 2015 on September 28.
 
California Democratic Gov. Gavin Newsom had until October 14 to act on legislation or it became law without signature.

Deeper Dive
For a deeper dive on these bills and other legislative activity we're monitoring, click here for this week's full update. [ [link removed] Report_10.19.2023_Final.pdf ]

AAPC Foundation
 
The AAPC Foundation is our donation-funded 501(c)(3) organization that boosts our community’s political engagement while advocating for the protection of political free speech, legislative and regulatory monitoring, and more, and is a valuable resource available to us as we aim to face the challenges of our country’s ever-evolving political climate.
 
Help Us Defend Political Free Speech [ [link removed] ]

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