On July 13, 2023, U.S. Senator Ben Ray Luján (D-NM), U.S. Representative Adam Schiff (D-CA), and U.S. Senator Amy Klobuchar (D-MN) co-wrote a joint letter urging the Federal Election Commission (FEC) to reconsider its decision on AI-generated campaign advertisements. The letter emphasizes that deceptive ads created by generative AI have the potential to enable candidates to fraudulently misrepresent themselves, posing a threat to democratic processes in the country according to a press release.
"Deceptive ads created by generative AI can similarly allow candidates to fraudulently misrepresent themselves, disrupting the democratic processes that serve our country," the letter read.
Luján, Schiff and Klobuchar took the lead in the bipartisan letter. In the letter, they expressed their disapproval of the FEC's recent decision not to seek public comment on a petition by Public Citizen, which calls for clarifying the existing law against "fraudulent misrepresentation" in campaign advertisements to cover the use of deceptive AI in such ads. The lawmakers strongly urged the FEC to reconsider its decision and actively solicit public input on whether this request should proceed through the rulemaking process, according to the release.
“As the 2024 Presidential election quickly approaches, it is imperative that the FEC allow comment on Public Citizen’s petition for rulemaking. It is well within the FEC’s authority to do so, given the Commission’s past issuance of enforcement actions on 52 U.S.C. §30124,” wrote the members in the letter. “As Members of Congress concerned about the ability of generative AI to significantly disrupt the integrity of our elections, we respectfully request that the FEC reconsider its decision and seek comment on whether the Commission should initiate a full rulemaking on a proposal in the Petition for Rulemaking from Public Citizen.”
The bipartisan letter, calling for the FEC to reconsider its decision and seek public comment on the petition by Public Citizen, was also signed by U.S. Senators Padilla (D-CA), Van Hollen (D-MD), Merkley (D-OR), Sanders (D-VT), Warner (D-VA), and Whitehouse (D-RI). Additionally, it received endorsements from Common Cause, CREW, Issue One and Public Citizen according to the press release.