On August 10, the Federal Election Commission moved a step closer to addressing “deliberately deceptive Artificial Intelligence (AI) campaign advertisements.”

On July 13, the commission had received a Petition for Rulemaking asking the FEC to make it clear that the related statutory prohibition applies to deliberately deceptive AI campaign advertisements.

In response, the FEC issued REG 2023-02 (Artificial Intelligence in Campaign Ads) Draft Notification of Availability to seek written public comments on the Petition.

The notification will be published in the Federal Register at a future date along with the deadline for comments, according to the FEC press release.

On July 27, legislation was introduced in the U.S. Senate that would implement a lifetime ban on Members of Congress from ever becoming lobbyists.

The Close the Revolving Door Act, introduced by Sen. Jon Tester, aims to provide greater controls and restrictions on revolving door lobbying.

Additionally, the bill would ban lobbyists from working for members of Congress and Committees with whom they had a substantial lobbying contact in the previous six years; create a website entitled lobbyists.gov for searchable disclosures on lobbying activities; and increase penalties for violating the Lobbying Disclosure Act (LDA) from $200,000 to $500,000.

Lobbying firms paying former members of Congress or senior congressional staff as employees, contractors, or for consulting services would have increased disclosure requirements under the LDA.

“I came to the Senate to fight for working families and defend our Montana way of life, and I don’t think any Member of Congress should cash out on the privilege of public service,” said Tester in his press release.

On July 24, a Canadian federal by-election will be held in the electoral district of Calgary Heritage (Alberta) to fill a vacancy in the House of Commons.

Calgary Heritage’s Member of Parliament, Bob Benzen, had announced in October of 2022 his desire to resign and return to private life.

On January 5 of this year, the Chief Electoral Officer of Canada, Stéphane Perrault, received official notice from the Speaker of the House of Commons that Benzen’s seat was vacant.

The date for the election was not announced until June 18, which signaled the start of the by-election period.

On July 1, the updated edition of Canada’s federal Lobbyists’ Code of Conduct will come into force.

A new gift limit for lobbyists is imposed, allowing up to $40 for gifts and hospitality for an official they lobby or expect to lobby. The intention of the limit is to avoid the creation of a sense of obligation on the part of the official. The new gift limit has an annual maximum amount of $200, per calendar year, from one lobbying source. Lobbyists may still provide sponsored travel to officials they do not lobby or expect to lobby. However, given the costs of sponsored travel, providing travel to an official by a lobbyist for an official they lobby or expect to lobby could reasonably be seen to create a sense of obligation on the part of that official and be prohibited if over $40. The commissioner, on an annual basis, has the option to take inflation into account in adjusting the individual and annual gift limit amounts.

Lobbyists engaged in certain political work, acting in certain leadership or senior political roles, or fundraising “that could reasonably be seen to be significant to the official” are subject to a cooling-off period. The cooling-off period, for which an individual cannot lobby the official benefited, ranges between 12 to 24 months.

One of the purposes of the new code is to make the rules clear and comprehensive, according to the Office of the Commissioner of Lobbying of Canada. The commissioner’s office states that lobbyists obligations are described in “plain language” and will eliminate the need for separate guidance documents.

On June 19, federal by-elections will be held in the electoral districts of Notre-Dame-de-Grâce–Westmount (Quebec), Oxford (Ontario), Winnipeg South Centre (Manitoba) and Portage–Lisgar (Manitoba) to fill vacancies in the House of Commons.

From December 2022 until March of this year, the Chief Electoral Officer of Canada, Stéphane Perrault, received four separate official notices from the Speaker of the House of Commons that the seats were vacant. However, the dates for the election were not announced until May 14, when Prime Minister Justin Trudeau announced a single election date for all four of the vacant seats in the House of Commons.

Three of the seats became vacant by retirement, and the fourth, for Winnipeg South Centre, became vacant upon the death of MP Jim Carr. The announcement date of the by-elections signals the start of the by-election period.

On June 19, federal by-elections will be held in the electoral districts of Notre-Dame-de-Grâce–Westmount (Quebec), Oxford (Ontario), Winnipeg South Centre (Manitoba), and Portage–Lisgar (Manitoba) to fill vacancies in the House of Commons.

From December 2022 until March of this year, the Chief Electoral Officer of Canada, Stéphane Perrault, received four separate official notices from the Speaker of the House of Commons that the seats were vacant. However, the dates for the election were not announced until May 14, when Prime Minister Justin Trudeau announced a single election date for all four of the vacant seats in the House of Commons.

Three of the seats became vacant by retirement, and the fourth, for Winnipeg South Centre, became vacant upon the death of MP Jim Carr. The announcement date of the by-elections signals the start of the by-election period.

Elections Canada published the updated limits on expenses for regulated activities of third parties involved in federal elections in Canada.

The Canada Elections Act imposes a limit on expenses a third party can incur for regulated political activities.

For the period of April 1, 2023, to March 31, 2024, a third party is prohibited from incurring overall election advertising expenses of a total amount of more than $579,950 during a general election. The previous limit was $543,200.

For the same period of April 1, 2023, to March 31, 2024, a third party is prohibited from incurring election advertising expenses in a given electoral district of a total amount of more than $4,971 during a general election. The previous limit was $4,656.

Adjustments are made annually based on a formula of a base amount multiplied by the inflation adjustment factor in effect for the period.

On May 2, U.S. Rep. Yvette D. Clarke introduced legislation into the U.S. House of Representatives to require disclosure of political campaign content created by artificial intelligence.

House Bill 3044 amends the Federal Election Campaign Act of 1971 (FECA) to provide transparency and accountability for the use of content generated by artificial intelligence (generative AI) in political advertisements.  It requires such advertisements to include a statement within the contents of the advertisements if generative AI was used to generate any image or video footage in the advertisements. The bill also expands FECA’s definitions of online platform.

If passed, the Federal Election Commission (FEC) would be required to make regulations within 120 days of the day of the enactment of the bill. Additionally, the bill explicitly states the legislation would come into effect on or after January 1, 2024, even if the FEC has not yet promulgated regulations to carry out the new law.

The bill, entitled the Require the Exposure of AI–Led Political Advertisements Act (REAL Political Advertisements Act) has been referred to the House Committee on House Administration.

On April 27, a bi-partisan bill was introduced in the U.S. Senate to amend the Foreign Agents Registration Act of 1938 (FARA).

Senate Bill 1364, the Foreign Agents Disclosure and Registration Enhancement Act, would provide the Attorney General with greater authority to promote enforcement of disclosure requirements for agents of foreign principals and increases penalties for noncompliance.

The bill also “improves FARA advisory opinion transparency and requires the Government Accountability Office to study whether and to what extent the Lobbying Disclosure Act exemption is being abused to conceal foreign lobbying activity,” according to the press release of U.S. Senator Chuck Grassley, the lead Republican sponsor of the bill.

Identical legislation had been introduced in 2019 but did not pass.

On March 27, the city of Pickering, in Ontario, Canada, passed a new lobbying law and will become the 10th municipality in Ontario to have a lobbyist registry framework in place. This by-law authorizing a lobbyist registry for the city technically came into force with its passage, but all enforcement and penalties will not take effect until November 1, 2023.

All lobbyists must file a registration (a first filing of a return) regarding lobbying communication within ten business days of the initial communication occurring. A lobbyist must file a return updating any change to their registration immediately. Lobbying is defined as “any communication with a public office holder by an individual who is paid or who represents a business or financial interest with the goal of trying to influence any legislative action including development, introduction, passage, defeat, amendment or repeal of a bylaw, motion, resolution or the outcome of a decision on any matter before council, a committee of council, or a staff member acting under delegated authority.”

The list of covered public office holders includes members of the city council, officers or employees of the city in management positions, members of local boards or committees established by the city council, and individuals providing professional services to the city during the course of providing such services.

The mandatory registry applies to consultant lobbyists, in-house lobbyists, and certain voluntary lobbyists. Lobbying on a contingency basis is prohibited. Former public office holders are forbidden from lobbying for a period of 12 months after leaving office. Penalties include being barred from lobbying for various periods of time. Additionally, all lobbyists must adhere to a formal Code of Conduct for Lobbyists, which is part of the by-law, during all lobbying activities with public office holders.

On March 1, the Federal Election Commission’s (FEC) Final Rule concerning internet communications disclaimers took effect. With it, the definition of public communication was revised in 11 CFR  §110.11 in an attempt to clarify how it applies to general public political advertising over the internet.

The amendments to the rules for internet-specific disclaimer requirements endeavor to be analogous to those for print and broadcast media, while also accounting for the unique characteristics of internet public communications, according to the FEC. The new internet disclaimer provisions do not impose the stand-by-your-ad requirements applicable to radio and television advertisements.

The FEC stated it adopted these updates to the regulatory rules “in light of technological advances since the Commission last revised its rules governing internet disclaimers in 2006, and to address questions from the public about the application of those rules to internet communications,” according to the memorandum submitted earlier with a draft of the rule.

On February 21, Mario Dion retired from his position running Canada’s federal ethics office.

As Conflict of Interest and Ethics Commissioner for the past five years, Dion was responsible for helping appointed and elected officials prevent and avoid conflicts between their public duties and private interests. His duties included administering the Conflict of Interest Act for public office holders and the Conflict of Interest Code for Members of the House of Commons.

Dion said he stepped down because of because of persistent health issues. For now, the seat is vacant. The Parliament of Canada Act requires the position be filled through appointment, after consultation with the leader of every recognized party in the House of Commons and approval of the appointment by resolution of that House, by the Governor in Council.

On March 13, a provincial byelection will be held in the electoral division of Saint-Henri–Sainte-Anne for the Quebec National Assembly.

The election will be held to fill the vacant seat of former Member of the National Assembly Dominique Anglade, the former leader of the Quebec Liberal Party .

Anglade resigned on December 1 of last year.

The byelection was announced by Premier François Legault on February 6.

The Federal Election Commission (FEC) published the 2023-2024 election cycle contribution limits, which have been indexed for inflation.

As required by the Bipartisan Campaign Reform Act of 2002, the FEC must adjust certain contribution limits every two years.

The individual and nonmulticandidate PAC contribution limit to federal candidates has increased from $2,900 to $3,300 for both primary and general elections, allowing for a total of $6,600 for a federal candidate.

The limits on contributions by individuals to national party committees has increased from $36,500 to $41,300 per calendar year.

Individuals may now contribute $123,900 per calendar year to committees of a national political party for presidential nominating conventions, to committees of a national political party for preparation for and the conduct of election recounts and contests and other legal proceedings, and to committees of a national political party for the construction, purchase, renovation, operation, and furnishing of one or more buildings for party headquarters.