STATE OF NEW YORK ________________________________________________________________________ 7904 2023-2024 Regular Sessions IN ASSEMBLY July 19, 2023 ___________ Introduced by M. of A. VANEL -- read once and referred to the Committee on Election Law AN ACT to amend the election law, in relation to requiring disclosure of the use of artificial intelligence in political communications The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 14-106 of the election law is amended by adding a 2 new subdivision 5 to read as follows: 3 5. (a) Any political communication, regardless of whether such commu- 4 nication is considered a substantial or nominal expenditure, that uses 5 an image or video footage that was generated in whole or in part with 6 the use of artificial intelligence, as defined by the state board of 7 elections, shall be required to disclose that artificial intelligence 8 was used in such communication in accordance with paragraphs (b), (c), 9 and (d) of this subdivision. 10 (b) For printed or digital political communications, including but not 11 limited to brochures, flyers, posters, mailings, or internet advertis- 12 ing, the disclosure required under paragraph (a) of this subdivision 13 shall be printed or typed in an appropriate legible form to read as 14 follows: "This communication was generated using artificial intelli- 15 gence". 16 (c) For non-printed and non-digital political communications, the 17 disclosure required under paragraph (a) of this subdivision shall clear- 18 ly and prominently display and/or verbally communicate the following 19 statement: "This communication was generated using artificial intelli- 20 gence". 21 (d) For political communications that are not visual, such as radio or 22 automated telephone calls, the disclosure required under paragraph (a) 23 of this subdivision shall clearly verbally communicate the following 24 statement: "This communication was generated using artificial intelli- 25 gence". EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11856-02-3A. 7904 2 1 § 2. Section 3-102 of the election law is amended by adding a new 2 subdivision 19 to read as follows: 3 19. issue instructions and promulgate rules and regulations relating 4 to: (a) criteria for determining whether a political communication 5 contains an image or video footage created through generative artificial 6 intelligence; and (b) a definition of content generated by artificial 7 intelligence that considers current and future uses of artificial intel- 8 ligence and similar technologies that have a high risk for use in creat- 9 ing and spreading misinformation or disinformation about candidates, 10 elections, and issues of concern to the state of New York. 11 § 3. This act shall take effect immediately; provided, however, that 12 the provisions of section two of this act shall take effect on the one 13 hundred twentieth day after it shall have become a law.