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
 A. 9028                             3
 
 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.