S T A T E O F N E W Y O R K
________________________________________________________________________
9028
I N A S S E M B L Y
February 5, 2024
___________
Introduced by M. of A. NORRIS -- read once and referred to the Committee
on Election Law
AN ACT to amend the election law, in relation to disclosure of political
communication produced by artificial intelligence technology
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 14-106 of the election law is amended by adding a
new subdivision 2-a to read as follows:
2-A. (A) POLITICAL COMMUNICATION COVERED BY THIS SECTION WHICH WAS
PRODUCED BY ARTIFICIAL INTELLIGENCE TECHNOLOGY OR THAT INCLUDES ANY
ARTIFICIAL MEDIA SHALL BE REQUIRED TO DISCLOSE SUCH USE. PRINTED OR
DIGITAL POLITICAL COMMUNICATIONS, INCLUDING BUT NOT LIMITED TO
BROCHURES, FLYERS, POSTERS, MAILINGS, ELECTRONIC MAILINGS, OR INTERNET
ADVERTISING, MUST INCLUDE A DISCLOSURE STATEMENT THAT READS AS FOLLOWS:
"THIS POLITICAL COMMUNICATION WAS CREATED BY OR WITH THE ASSISTANCE OF
ARTIFICIAL INTELLIGENCE". SUCH STATEMENT IS TO BE PRINTED OR TYPED IN AN
APPROPRIATE LEGIBLE AND CONSPICUOUS MANNER. DISCLOSURE ON NON-PRINTED OR
DIGITAL POLITICAL COMMUNICATIONS SHALL CLEARLY AND CONSPICUOUSLY DISPLAY
AND/OR SPEAK THE FOLLOWING STATEMENT: "THIS POLITICAL COMMUNICATION WAS
CREATED BY OR WITH THE ASSISTANCE OF ARTIFICIAL INTELLIGENCE". IN THE
CASE OF A POLITICAL COMMUNICATION THAT DOES NOT USE VISUALS, SUCH AS
RADIO OR AUTOMATED TELEPHONE CALLS, CLEARLY SPEAKING THE STATEMENT WILL
SATISFY THE REQUIREMENTS OF THIS SUBDIVISION.
(B) FOR THE PURPOSES OF THIS SUBDIVISION, "ARTIFICIAL MEDIA" MEANS ANY
TEXT, IMAGE, AUDIO, VIDEO, OR RECORDING THAT WAS GENERATED OR MODIFIED
USING ARTIFICIAL INTELLIGENCE TECHNOLOGY.
(C) FOR THE PURPOSES OF THIS SUBDIVISION "ARTIFICIAL INTELLIGENCE
TECHNOLOGY" MEANS THE DEVELOPMENT AND APPLICATION OF A COMPUTER SYSTEM
OR COMPUTER SYSTEMS THAT CAN PERFORM TASKS THAT TYPICALLY REQUIRE HUMAN
INTELLIGENCE, WHICH MAY INVOLVE THE CREATION OF ALGORITHMS, MODELS,
AND/OR SYSTEMS THAT ENABLE MACHINES TO PERCEIVE, REASON, LEARN, AND MAKE
DECISIONS AUTONOMOUSLY OR WITH MINIMAL HUMAN INTERVENTION.
§ 2. Paragraph (b) of subdivision 1 of section 17-212 of the election
law, as amended by chapter 481 of the laws of 2023, is amended to read
as follows:
(b) A violation of paragraph (a) of this subdivision shall be estab-
lished if:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14273-02-4
A. 9028 2
(i) a person uses or threatens to use any force, violence, restraint,
abduction or duress, or inflicts or threatens to inflict any injury,
damage, harm or loss, or in any other manner practices intimidation that
causes or will reasonably have the effect of causing any person to vote
or refrain from voting in general or for or against any particular
person or for or against any proposition submitted to voters at such
election; to place or refrain from placing their name upon a registry of
voters; or to request or refrain from requesting an early mail or absen-
tee ballot; or
(ii) a person knowingly uses any deceptive or fraudulent device,
contrivance or communication, that impedes, prevents or otherwise inter-
feres with the free exercise of the elective franchise by any person, or
that causes or will reasonably have the effect of causing any person to
vote or refrain from voting in general or for or against any particular
person or for or against any proposition submitted to voters at such
election; to place or refrain from placing their name upon a registry of
voters; or to request or refrain from requesting an early mail or absen-
tee ballot; or
(iii) a person obstructs, impedes, or otherwise interferes with access
to any polling place or elections office, or obstructs, impedes, or
otherwise interferes with any voter in any manner that causes or will
reasonably have the effect of causing any delay in voting or the voting
process, including the canvassing and tabulation of ballots.
FOR THE PURPOSES OF THIS PARAGRAPH, "DECEPTIVE OR FRAUDULENT DEVICE"
AND "CONTRIVANCE OR COMMUNICATION" SHALL INCLUDE BUT NOT BE LIMITED TO
ARTIFICIAL MEDIA CREATED OR MODIFIED FULLY OR PARTIALLY BY ARTIFICIAL
INTELLIGENCE TECHNOLOGY.
§ 3. The election law is amended by adding a new section 17-172 to
read as follows:
§ 17-172. DECEPTIVE USE OF ARTIFICIAL MEDIA. 1. (A) ANY PERSON WHO,
WITH INTENT TO DAMAGE A CANDIDATE OR DECEIVE THE ELECTORATE, CREATES AND
DISSEMINATES ARTIFICIAL MEDIA SHALL BE GUILTY OF A CLASS E FELONY.
(B) FOR THE PURPOSES OF THIS SECTION "ARTIFICIAL MEDIA" SHALL MEAN AN
IMAGE, VIDEO OR AUDIO RECORDING THAT:
(I) WAS GENERATED OR MODIFIED USING ARTIFICIAL INTELLIGENCE TECHNOLO-
GIES;
(II) IS INDISTINGUISHABLE FROM REALITY; AND
(III) DECEPTIVELY RENDERS OR ALTERS AN IMAGE OR RECORDING WHICH COULD
REASONABLY MISLEAD A PERSON TO ASSUME SUCH IMAGE OR RECORDING IS AUTHEN-
TIC.
(C) "DISSEMINATES" SHALL MEAN TO PROVIDE, DELIVER, MAIL, SEND,
FORWARD, TRANSFER, OR TRANSMIT ELECTRONICALLY OR OTHERWISE TO ANOTHER
PERSON OR PERSONS.
§ 4. The election law is amended by adding a new section 3-106-a to
read as follows:
§ 3-106-A. FAIR USE OF ARTIFICIAL INTELLIGENCE CODE. 1. IN ADDITION TO
THE POWERS AND DUTIES ELSEWHERE ENUMERATED IN THIS ARTICLE, THE STATE
BOARD OF ELECTIONS, AFTER ONE OR MORE PUBLIC HEARINGS, SHALL ADOPT A
"FAIR USE OF ARTIFICIAL INTELLIGENCE CODE" SETTING FORTH ETHICAL STAND-
ARDS OF CONDUCT FOR PERSONS, POLITICAL PARTIES AND COMMITTEES WHICH
INTEND TO UTILIZE ARTIFICIAL INTELLIGENCE TECHNOLOGY IN ELECTION
CAMPAIGNS INCLUDING, BUT NOT LIMITED TO, SPECIFIC PROHIBITIONS AGAINST
CERTAIN PRACTICES.
2. COPIES OF SUCH CODE SHALL BE SENT TO EACH CANDIDATE, POLITICAL
PARTY OR POLITICAL COMMITTEE, UPON REQUEST, BY THE BOARD OF ELECTIONS
WITH WHICH SUCH CANDIDATE, PARTY OR COMMITTEE IS REQUIRED TO FILE
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DISCLOSURES OF ARTIFICIAL INTELLIGENCE USE PURSUANT TO ARTICLE FOURTEEN
OF THIS CHAPTER.
3. THE STATE BOARD OF ELECTIONS, ON ITS OWN INITIATIVE, OR UPON
COMPLAINT OR OTHERWISE, MAY INVESTIGATE ANY ALLEGED VIOLATION OF THE
FAIR USE OF ARTIFICIAL INTELLIGENCE CODE AND, IN APPROPRIATE CASES, MAY
APPLY FOR AN ORDER, AS PROVIDED IN THIS ARTICLE.
4. IN ADDITION TO ANY OTHER CIVIL OR CRIMINAL PENALTY WHICH MAY BE
PROVIDED FOR BY LAW, THE STATE BOARD MAY IMPOSE A CIVIL PENALTY, NOT TO
EXCEED ONE THOUSAND FIVE HUNDRED DOLLARS, UPON ANY PERSON, POLITICAL
PARTY OR COMMITTEE FOUND BY THE BOARD, AFTER A HEARING, TO HAVE VIOLATED
ANY OF THE PROVISIONS OF SUCH CODE.
5. ANY SUCH FINDING BY THE BOARD MAY ONLY BE MADE AFTER A HEARING
CONDUCTED BY IT UPON REASONABLE WRITTEN NOTICE, AS THE BOARD MAY DETER-
MINE, TO SUCH PERSON AND AFFORDING SUCH PERSON, POLITICAL PARTY OR
COMMITTEE A REASONABLE OPPORTUNITY TO BE HEARD AND PRESENT AND EXAMINE
WITNESSES THEREAT.
§ 5. The election law is amended by adding a new section 14-103 to
read as follows:
§ 14-103. DISCLOSURE OF ARTIFICIAL INTELLIGENCE USE BY POLITICAL
COMMITTEES AND CANDIDATES. 1. ANY POLITICAL COMMITTEE AND ANY CANDIDATE
FOR ELECTION TO PUBLIC OFFICE, OR FOR NOMINATION FOR PUBLIC OFFICE AT A
CONTESTED PRIMARY ELECTION OR CONVENTION, OR FOR ELECTION TO A PARTY
POSITION AT A PRIMARY ELECTION, THAT INTENDS TO USE ARTIFICIAL INTELLI-
GENCE TECHNOLOGY FOR THE PURPOSE OF POLITICAL COMMUNICATIONS, AS SET
FORTH BY SECTION 14-106 OF THIS ARTICLE, SHALL FILE STATEMENTS SWORN, OR
SUBSCRIBED AND BEARING A FORM NOTICE THAT FALSE STATEMENTS MADE THEREIN
ARE PUNISHABLE AS A CLASS A MISDEMEANOR PURSUANT TO SECTION 210.45 OF
THE PENAL LAW, OF SUCH INTENTION WITH THE STATE BOARD OF ELECTIONS PRIOR
TO USE.
2. STATEMENTS BY ANY POLITICAL PARTY, COMMITTEE OR CANDIDATE MAY BE
FILED ELECTRONICALLY WITH THE STATE BOARD OF ELECTIONS.
3. THE STATE BOARD OF ELECTIONS SHALL PROMULGATE REGULATIONS WITH
RESPECT TO THE REPORTING AND DISCLOSURE METHODS TO BE APPLIED IN PREPAR-
ING THE STATEMENTS REQUIRED BY THE PROVISIONS OF THIS SECTION AND SHALL
PROVIDE FORMS SUITABLE FOR SUCH STATEMENTS.
4. THE STATE BOARD OF ELECTIONS, ON ITS OWN INITIATIVE, OR UPON
COMPLAINT OR OTHERWISE, MAY INVESTIGATE ANY ALLEGED VIOLATION OF THIS
SECTION AND, IN APPROPRIATE CASES, MAY APPLY FOR AN ORDER, AS PROVIDED
IN THIS ARTICLE.
5. IN ADDITION TO ANY OTHER CIVIL OR CRIMINAL PENALTY WHICH MAY BE
PROVIDED FOR BY LAW, THE STATE BOARD MAY IMPOSE A CIVIL PENALTY, NOT TO
EXCEED ONE THOUSAND DOLLARS, UPON ANY PERSON, POLITICAL PARTY OR COMMIT-
TEE FOUND BY THE BOARD, AFTER A HEARING, TO HAVE VIOLATED ANY PROVISION
OF THIS SECTION.
6. ANY SUCH FINDING BY THE BOARD MAY ONLY BE MADE AFTER A HEARING
CONDUCTED BY IT UPON REASONABLE WRITTEN NOTICE, AS THE BOARD MAY DETER-
MINE, TO SUCH PERSON AND AFFORDING SUCH PERSON, POLITICAL PARTY OR
COMMITTEE A REASONABLE OPPORTUNITY TO BE HEARD AND PRESENT AND EXAMINE
WITNESSES THEREAT.
§ 6. This act shall take effect on the one hundred eightieth day after
it shall have become a law. Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized to be made and
completed on or before such effective date.