[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4714 Introduced in Senate (IS)]
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118th CONGRESS
2d Session
S. 4714
To prohibit the distribution of false AI-generated election media and
to amend the National Voter Registration Act of 1993 to prohibit the
removal of names from voting rolls using unverified voter challenge
databases.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 11 (legislative day, July 10), 2024
Mr. Merkley (for himself, Mr. Padilla, Ms. Hirono, Mr. Welch, and Mr.
Whitehouse) introduced the following bill; which was read twice and
referred to the Committee on Rules and Administration
_______________________________________________________________________
A BILL
To prohibit the distribution of false AI-generated election media and
to amend the National Voter Registration Act of 1993 to prohibit the
removal of names from voting rolls using unverified voter challenge
databases.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fraudulent Artificial Intelligence
Regulations (FAIR) Elections Act of 2024''.
SEC. 2. PROHIBITION ON FALSE AI-GENERATED ELECTION MEDIA.
(a) Definitions.--In this section:
(1) Applicable federal election.--The term ``applicable
Federal election'' means any general, primary, runoff, or
special election held solely or in part for the purpose of
nominating or electing a candidate for the office of President,
Vice President, Presidential elector, Member of the Senate,
Member of the House of Representatives, or Delegate or
Commissioner from a Territory or possession.
(2) Election official.--The term ``election official''
means any individual legally authorized to perform duties in
connection with an applicable Federal election, including
workers, volunteers, poll workers, and authorized poll
observers.
(3) False ai-generated election media.--The term ``false
AI-generated election media'' means text. image, audio, or
video that--
(A) is the product of a computational process that
uses machine learning, natural language processing,
artificial intelligence techniques, or other
computational processing techniques of similar or
greater complexity; and
(B) either--
(i) contains materially false information
relating to--
(I) the time, place, or manner of
holding any applicable Federal
election; or
(II) the qualifications for or
restrictions on voter eligibility for
any such election; or
(ii) falsely depicts an election official.
(b) Prohibition.--Except as provided in subsection (c), a person
may not--
(1) knowingly distribute false AI-generated election media
described in subsection (a)(3)(B)(i) if such person--
(A) knows such media contains materially false
information described in such subsection; and
(B) has the purpose of impeding or preventing
another person from exercising the right to vote in an
applicable Federal election; or
(2) knowingly distribute false AI-generated election media
described in subsection (a)(3)(B)(ii) if such person--
(A) knows the depiction of the election official in
such media is materially false; and
(B) has the intent to--
(i) intimidate or harass an election
official; or
(ii) deter another person from exercising
the right to vote in an applicable Federal
election.
(c) Inapplicability to Certain Entities.--This section shall not
apply to the following:
(1) A radio or television broadcasting station, a cable or
satellite television operator, programmer, or producer, or a
streaming service that broadcasts false AI-generated election
media prohibited by this section as part of a bona fide
newscast, news interview, news documentary, or on-the-spot
coverage of bona fide news events, if the broadcast clearly
acknowledges through content or a disclosure, in a manner that
can be easily heard or read by the average listener or viewer,
that the information contained in the media and described in
subsection (a)(2)(B) is false.
(2) A regularly published newspaper, magazine, or other
periodical of general circulation, including an internet or
electronic publication, that routinely carries news and
commentary of general interest, and that publishes false AI-
generated election media prohibited under this section, if the
publication clearly states that the information contained in
the media and described in subsection (a)(2)(B) is false.
(d) Enforcement.--The Attorney General may bring a civil action
against any person who violates subsection (b) in an appropriate United
States District Court for such declaratory and injunctive relief
(including a temporary restraining order, a permanent or temporary
injunction, or other order).
SEC. 3. PROHIBITION ON REMOVAL OF NAMES FROM VOTING ROLLS USING
UNVERIFIED VOTER CHALLENGE DATABASES.
(a) In General.--The National Voter Registration Act of 1993 (52
U.S.C. 20501 et seq.) is amended by inserting after section 8 the
following new section:
``SEC. 8A. RESTRICTIONS ON REMOVAL OF VOTERS FROM OFFICIAL LISTS OF
VOTERS.
``(a) In General.--A State may not remove the name of any
registrant from the official list of voters eligible to vote in
elections for Federal office or take any action with respect to a voter
eligibility challenge unless the registrant or voter is determined to
be ineligible to vote based on--
``(1) source information received from governmental
entities and obtained by such entities in the course of
carrying out official actions or duties; and
``(2) source information approved by the Attorney General
as sufficient to protect the integrity and completeness of
voter registration lists.
``(b) Approval of Voter Information Data.--
``(1) In general.--The Attorney General, in consultation
with the Director of the National Institute of Standards and
Technology and the members of the Election Assistance
Commission, may approve source information under subsection
(a)(3) if such information meets the following requirements:
``(A) The source information contains qualifying
data sets that allow the State match the individual
identified by the source information with an individual
on the official list of voters eligible to vote in
elections for Federal office.
``(B) The source information is updated not less
than a monthly.
``(C) The source information was not obtained in
violation of section 1030 of title 18, United States
Code (commonly known as the `Computer Fraud and Abuse
Act').
``(2) Qualifying data sets.--For purposes of paragraph
(1)(A), the term `qualifying data sets' means the following
sets of data with respect to an individual:
``(A) Last name, first name, and full social
security number.
``(B) Last name, first name, and driver's license
or other unique identifying number assigned by the
State.
``(C) Last name, first name, last four digits of a
social security number, and date of birth.
``(D) Last name, full social security number, and
date of birth.
``(c) Coordination With Other Methods.--Nothing in this section be
construed to preclude--
``(1) the removal of names from official lists of voters on
a basis described in paragraph (3) (A) or (B) or (4)(A) of
section 8(a);
``(2) the removal of names from official lists of voters on
a basis described in section 8(c); or
``(3) correction of registration records pursuant to this
Act.''.
(b) Conforming Amendments.--Section 8(a) of such Act (52 U.S.C.
20507(a)) is amended--
(1) in paragraph (3), by striking ``provide'' and inserting
``subject to section 8A, provide''; and
(2) in paragraph (4), by striking ``conduct'' and inserting
``subject to section 8A, conduct''.
SEC. 4. SEVERABILITY.
If any provision of this Act, or an amendment made by this Act, or
the application of such provision to any person or circumstance, is
held to be invalid, the remainder of this Act, or an amendment made by
this Act, or the application of such provision to other persons or
circumstances, shall not be affected.
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