The Intersection of AI and Elections: Decisions to be Made

Based on the recent vote regarding regulations on “deepfake” political ads, it seems unlikely that the Federal Election Commission (FEC) will implement any new regulations on the use of artificial intelligence (AI) in the 2024 election cycle.

There are concerns that this could lead to an “AI arms race” in elections, where each party fears the other having an advantage and seeks to acquire more AI capabilities.

Determining where to draw the line is a crucial question. While we value free speech, especially during political campaigns, each campaign will have to determine their own ethical standards. This doesn’t mean that there can be no rules, but rather an opportunity to establish shared guidelines.

In the GOP’s 2024 campaign, there have been suggestions of an AI makeover for candidate Francis Suarez. This raises further debate and controversy surrounding the use of AI in elections.

This election, political campaigns will have to determine the rules and guidelines for deploying artificial intelligence.
(JOSEP LAGO/AFP via Getty Images)

The specific rules and guidelines, such as labeling generated content and limited ad customization, would need to be negotiated among campaigns. These agreements could set a precedent for future campaigns of various types.

Campaigns can promote their compliance with ethical AI use, while rival campaigns can expose violations and potentially gain political advantage through this revelation.

Candidates must consider whether their opponents’ rule violations would outweigh the benefits they might gain from doing the same. If the potential gains in data or votes are significant, it is unlikely that there will be agreed-upon limitations on AI use.

In the absence of agreed-upon AI limitations or compliance, voters bear the responsibility of critically evaluating campaign marketing. Third-party content labeling by media organizations or others may assist readers in discerning AI-generated content, although correcting misinformation can be challenging and may further reinforce false beliefs.

It’s worth noting that these challenges are not exclusive to AI content. AI enables cost-effective and efficient altering and targeting of content. In the entertainment industry, AI has been used to digitally insert actors into movies without their physical presence.

AI technologies, like ChatGPT, have revolutionized the writing process, but they are not without accuracy issues. Cambridge Analytica demonstrated the power of AI in analyzing voter behavior at a fraction of the cost and without human involvement.

Ideally, standards for campaign behavior will emerge and be followed as a matter of decorum. However, candidates run the risk of others violating these unofficial and unenforceable standards for their own benefit.

Even if the FEC had pursued AI ad regulation, its authority does not extend to content regulation. To genuinely regulate AI use in campaign speech, a constitutional amendment might be necessary, as suggested by the Supreme Court’s Citizens United ruling, which protects political speech based on the speaker’s identity.

It is important to note that these issues are not unique to AI content. AI facilitates lower cost and more rapid alternation and targeting of content.

Ultimately, the power of public opinion serves as the most effective deterrent. The fear of voter backlash, based on past reactions to campaign decorum violations, is a risk most candidates would strive to avoid.

We are at a critical juncture in regards to the integration of AI in politics. The choices we make today will shape political discourse for future generations and impact the integrity of our democratic processes and institutions. We must find a balance where AI aids in delivering accurate information and candidate messages to voters, without confusing or intimidating them.