Bills › 90th General Assembly
Relating to the conduct of elections, including the use of artificial intelligence and deceptive statements, and providing penalties
Sponsored by the House Economic Growth and Technology Committee
Topics:Elections & votingTechnology & privacyArtificial intelligence
Same legislation: HSB 599
Where it is now
- Done: IntroducedJanuary 23, 2024
- Done: SubcommitteeJanuary 23, 2024
- Done: House committeeFebruary 14, 2024
- Done: Passes the HouseMarch 6, 202493–1
- Stopped: Senate committeeDied when the General Assembly ended
- Next: Passes the Senate
- Next: To the Governor
- Next: Signed into law
Died when the session ended The 2024 session adjourned on April 19, 2024, the General Assembly’s last regular session. Bills that didn’t pass both chambers died. What’s a funnel?
What’s in it
AI summary Iowa would ban the use of artificial intelligence in voting machines and ballot scanners. People who create political ads or materials using AI to support or oppose a candidate or ballot measure must clearly state that the content was made with AI. If someone uses AI to create a fake or deceptive image of a candidate without a warning, they could face felony charges.1
Read the official explanation
This bill relates to the use of artificial intelligence in technologies used in elections and the publication of certain materials related to elections. The bill prohibits the use of artificial intelligence, defined in the bill, in automatic tabulating equipment, ballot marking devices, and optical scan voting systems approved for use in this state. The bill also requires 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 to include a disclosure that the published material was generated using artificial intelligence. A person who fails to include such a disclosure is guilty of a class “D” felony. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $1,025 but not more than $10,245. The bill requires published material designed to expressly advocate the nomination, election, or defeat of a candidate for public office or the passage or defeat of a ballot issue that includes a materially deceptive depiction of a candidate to include a disclosure that the published material has been manipulated. Under the bill, published material is materially deceptive if it has been manipulated to change the physical appearance of a candidate or depict a candidate performing an act that did not occur, or, in the case of an image, if it has been altered to change the saturation, brightness, contrast, color, or other visible quality of an image of a candidate. A person who fails to include such a disclosure is guilty of a class “D” felony. The bill prohibits a person from making or publishing, or causing to be made or published, a false representation about a candidate or ballot issue that is intended to or actually affects voting at an election. By operation of law, a person who violates this provision of the bill 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.
Why it matters. Voters and political advocates would be required to include disclosures on materials that use artificial intelligence to support or oppose candidates or ballot issues, especially if the material uses deceptive depictions. Election equipment like ballot marking devices and tabulating machines would be prohibited from using artificial intelligence. The Iowa Ethics and Campaign Disclosure Board would see an increase in annual costs of $77,000 to hire one additional attorney.2
Changed since by amendments H-8126, H-8115; see Amendments.
Senate subcommittee
Named March 11, 2024. It hasn’t reported yet.
Three legislators hear a bill first and recommend what the committee should do; it’s the best time to weigh in. How to take part
1 written public comment to its subcommittee: February 6, 2024 (1) · on the Legislature’s site
Fiscal note
Can’t be estimated Compare with other bills
AI summary This bill prohibits the use of artificial intelligence in certain election equipment and requires disclosures for AI-generated election materials or deceptive depictions of candidates. The Iowa Ethics and Campaign Disclosure Board will see an increase in annual costs of $77,000 to hire one additional attorney. Because the bill creates new criminal offenses, the total fiscal impact on the State General Fund cannot be estimated due to a lack of existing conviction data.4
Read the fiscal note
Description
House File 2549 relates to the use of artificial intelligence in technologies used in elections and the publication of certain materials related to elections. The Bill prohibits the use of artificial intelligence in automatic tabulating equipment, ballot marking devices, and optical scan voting systems approved for use in the State with specified exceptions.
The Bill requires published material generated through the use of artificial intelligence that is designed to expressly advocate for the nomination, election, or defeat of a ballot issue to include a disclosure that the published material was generated using artificial intelligence. A person who fails to include this disclosure may be guilty of a simple misdemeanor punishable by confinement for no more than 90 days and a fine of not more than $1,000. The Bill requires that published material designed to expressly advocate the nomination, election, or defeat of a candidate that includes a materially deceptive depiction of a candidate to include a disclosure that the published material has been manipulated. A person who fails to include this disclosure may be guilty of a simple misdemeanor punishable by confinement for no more than 90 days and a fine of not more than $1,000.
This Bill creates restrictions and penalties for synthetic media and defines terms under newly created Iowa Code section 68A.507. The Bill prohibits the creation and distribution of synthetic media messages if a person knows, or should have known, the messages to be a deceptive and fraudulent deepfake of a candidate or party within 90 days of an election if the candidate will appear on a ballot. A person who violates these restrictions may be guilty of a simple misdemeanor, punishable by confinement for no more than 90 days and a fine of not more than $1,000. A person whose intent is to cause violence or bodily harm may be guilty of a serious misdemeanor. A person who is a repeat violator within a five-year span of a prior conviction may be guilty of a Class D felony.
Background
Currently, the provisions regarding attribution statements on published materials are established in Iowa Code section 68A.405.
A Class D felony is punishable by confinement for no more than five years and a fine of at least $1,025 but not more than $10,245. A serious misdemeanor is punishable by confinement for not more than one year and a fine of at least $430 but not more than $2,560. A simple misdemeanor is punishable by a fine of at least $105 but not more than $855 and confinement for not more than 30 days in lieu of a fine or in addition to a fine.
Assumptions
- Due to the requirements of House File 2549, the Iowa Ethics and Campaign Disclosure Board (IECDB) will need to hire 1.0 full-time equivalent (FTE) Attorney 1 position due to increasing complaints, necessary investigations, and enforcement actions.
- Annual salary and benefits for 1.0 Attorney 1 FTE position are $77,000.
- The following will not change over the projection period: charge, conviction, and sentencing patterns and trends; prisoner length of stay (LOS); revocation rates; plea bargaining; and other criminal justice system policies and practices.
- A lag effect of six months is assumed from the effective date of this Bill to the date of first entry of affected offenders into the correctional system.
- Marginal costs for county jails cannot be estimated due to a lack of data. For purposes of this analysis, the marginal cost for county jails is assumed to be $50 per day.
Correctional Impact
House File 2549 creates new criminal offenses, and the correctional impact cannot be estimated for the Bill due to a lack of existing conviction data. Figure 1 shows estimates for sentencing to State prison, parole, probation, or Community-Based Corrections (CBC) residential facilities; LOS in months under those supervisions; and supervision marginal costs per day for Class D felonies and serious misdemeanors. Refer to the Legislative Services Agency (LSA) memo addressed to the General Assembly, Cost Estimates Used for Correctional Impact Statements, dated January 16, 2024, for information related to the correctional system. Figure 1 — Sentencing Estimate and Length of Stay (LOS)
Minority Impact
House File 2549 establishes new criminal offenses. As a result, Criminal and Juvenile Justice Planning (CJJP) of the Department of Management (DOM) cannot use existing data to estimate the minority impact of the Bill. Refer to the LSA memo addressed to the General Assembly, Minority Impact Statement, dated January 16, 2024, for information related to minorities in the criminal justice system.
Fiscal Impact
The fiscal impact of House File 2549 to the IECDB is an increase in annual costs of $77,000 for 1.0 additional Attorney 1 FTE position.
House File 2549 establishes new criminal offenses, and the fiscal impact cannot be estimated due to a lack of existing conviction data. The average State costs for the offenses found within HF 2549 are shown in Figure 2. The estimated impact to the State General Fund includes operating costs incurred by the Judicial Branch, the Indigent Defense Fund, and the Department of Corrections (DOC). The cost will be incurred across multiple fiscal years for prison and parole supervision.Conviction Offense Class
Percent
Ordered
to State
Prison
FY 2023
Avg LOS in
Prison (All Releases)
Marginal
Cost Per
Day Prison
Percent
Ordered to
Probation
FY23 Field
Avg LOS
on
Probation
Avg Cost
Per Day on
Probation
Percent
Sentenced
to CBC
Residential
Facility
Marginal
Cost Per
Day CBC
Percent
Ordered to
County Jail
Marginal
Cost Per
Day Jail
FY23 Field
Avg LOS
on Parole
Marginal
Cost Per
Day
Parole
Class D Felony Non-Persons 84.4% 13.0 $24.94 69.8% 39.5 7.67$ 14.5% 20.00$ 32.2% 50.00$ 15.7 7.67$ Serious Misd 1.7% 6.6 $24.94 53.0% 19.2 7.67$ 1.2% 20.00$ 74.2% 50.00$ N/A 7.67$ Figure 2 — Average State Cost Per Offense
Sources
- Iowa Ethics and Campaign Disclosure Board
- Criminal and Juvenile Justice Planning, Department of Management
- Department of Corrections
- Legislative Services Agency
- False Election Materials, Prohibition · March 13, 2024
- False Election Materials, Prohibition · February 28, 2024 · $18,200
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90th General Assembly