HF 2150 (LSB 5310YH (3) 91)

HOUSE FILE 2150

BY  WICHTENDAHL

A BILL FOR

An Act relating to the use of artificial intelligence for purposes associated with elections, ballot issues, and public officials, providing penalties, and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 68A.405, Code 2026, is amended by adding the following new subsection:
   NEW SUBSECTION.  5.  a.  Published material generated through the use of artificial intelligence and designed to expressly advocate the nomination, election, or defeat of a candidate for public office or the passage or defeat of a ballot issue must contain a disclosure on the published material that the published material was generated using artificial intelligence. The disclosure must include the words “this material was generated using artificial intelligence”.
   b.  For purposes of this subsection, “artificial intelligence” means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments.
   c.  The board shall adopt rules to implement this subsection.
    Sec. 2.  NEW SECTION.  68A.507  Endorsements —— generation by artificial intelligence prohibited.
   A person shall not publish published material, as defined in section 68A.405, that includes an endorsement of a candidate or ballot measure by a representation of a person that has been generated using artificial intelligence, as defined in section 68A.405.
    Sec. 3.  NEW SECTION.  68B.40  Artificial intelligence limitations.
   1.  For the purposes of this section:
   a.  “Artificial intelligence” means the same as defined in section 68A.405.
   b.  “Political committee” means the same as defined in section 68A.102.
   c.  “State statutory political committee” means the same as defined in section 68A.102.
   2.  A candidate, candidate’s committee, political committee, public official, or state statutory political committee shall not use artificial intelligence to depict a candidate or public official engaging in behavior that the candidate or public official would be unlikely to engage in or that would likely diminish the public perception of the candidate or public official.
   3.  A candidate, that candidate’s committee, or a public official shall not use artificial intelligence to depict the candidate or public official in an event or situation that did not occur.
   4.  A public official shall not use artificial intelligence to manipulate depictions of events of statewide or national importance that a reasonable person would conclude was intended to influence public opinion about a defined group or influence the outcome of an election or the passage or defeat of legislation.
   5.  A candidate, candidate’s committee, political committee, public official, or state statutory political committee shall not knowingly share material generated by a third party using artificial intelligence. A candidate, candidate’s committee, political committee, public official, or state statutory political committee does not violate this subsection if the candidate, candidate’s committee, political committee, public official, or state statutory political committee makes a good-faith effort to remove material that the candidate, candidate’s committee, political committee, public official, or state statutory political committee discovers was generated using artificial intelligence and informs the public that the material was generated using artificial intelligence.
   6.  a.  The board may impose a fine of up to five thousand dollars on a candidate or public official for a first violation of this section and a fine of up to one and one-half times the previous fine for each subsequent violation of this section.
   b.  The board may impose a fine of up to fifty thousand dollars on a candidate’s committee, political committee, or state statutory political committee for a first violation of this section and a fine of up to two times the previous fine for each subsequent violation of this section.
   c.  A fine collected by the board pursuant to this subsection shall be deposited in the general fund of the state.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the use of artificial intelligence for purposes associated with elections, ballot issues, and public officials. The bill amends Code chapter 68A (campaign finance) to require published material generated through the use of artificial intelligence, defined in the bill as a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments, that is designed to expressly advocate for or against a candidate or ballot issue to include a disclosure that the published material was generated using artificial intelligence. The bill prohibits published material from including an endorsement of a candidate or ballot measure by a representation of a person that has been generated using artificial intelligence. By operation of law, a person who willfully violates Code chapter 68A is guilty of a serious misdemeanor. A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $430 but not more than $2,560.
   The bill enacts new Code section 68B.40 (artificial intelligence limitations) to prohibit a candidate, candidate’s committee, political committee, public official, or state statutory political committee from using artificial intelligence to depict a candidate or public official engaging in behavior that the candidate or public official would be unlikely to engage in or that would likely diminish the public perception of the candidate or public official. The bill also prohibits a candidate, that candidate’s committee, or a public official from using artificial intelligence to depict the candidate or public official in an event or situation that did not occur and from sharing material generated by a third party using artificial intelligence. A person does not violate the prohibition on sharing material generated by a third party using artificial intelligence if the person makes a good-faith effort to remove material that the person discovers was generated by artificial intelligence and informs the public that the material was generated using artificial intelligence.
   The bill prohibits a public official from using artificial intelligence to manipulate depictions of events of statewide or national importance to influence public opinion about a defined group or influence the outcome of an election or the passage or defeat of legislation.
   The Iowa ethics and campaign disclosure board (board) may impose a fine of up to $5,000 on a candidate or public official for a first violation of new Code section 68B.40 and a fine of up to one and one-half times the previous fine for each subsequent violation. The board may impose a fine of up to $50,000 on a candidate’s committee, political committee, or state statutory political committee for a first violation of new Code section 68B.40 and a fine of up to two times the previous fine for each violation. A fine collected by the board pursuant to this provision of the bill shall be deposited in the general fund of the state.