New Michigan Campaign Finance Laws Prohibit Distribution of Deceptive Political Ads - State and Federal Communications

December 15, 2023  •  

New Michigan Campaign Finance Laws Prohibit Distribution of Deceptive Political Ads

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Gov. Gretchen Whitmer signed three campaign finance bills effective February 13, 2024.

House Bill 5141, House Bill 5143, and House Bill 5144, prohibit distributing materially deceptive media and amend the disclaimer requirements for political ads and add definitions to the Campaign Finance Act to facilitate the implementation of the new laws.

House Bill 5144 prohibits a person from distributing materially deceptive media if all of the following apply:

  • The person knows the media falsely represents a depicted individual;
  • The distribution occurs within 90 days before an election;
  • The person intends the distribution to harm the reputation or electoral prospects of a candidate in an election and likely to cause that result; and
  • The person intends the distribution to change the voting behavior of electors in an election by deceiving the electors.

House Bill 5141 amends the disclaimer requirements for political ads, including special requirements for ads generated by artificial intelligence.

House Bill 5143 adds the definitions to the Michigan Campaign Finance Act including artificial intelligence, ballot question committee, bundling committee, and business.

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