HB 459 — ELECTIONS/CANDIDATES: Provides relative to the use of artificial intelligence in political campaigns

459 onENROLLED apublicfacingwebsite,webapplication,ordigitalapplication,includingasocial(iii) network,Any advertisingperson network,for the purpose of funding an expenditure to influence the nomination or searchelection engine.of apersonto publicoffice,whether made beforeor afterthe an election.

H.G.* * * (b) "Contribution" shall also include, without limitation:

WhoeverviolatesanyprovisionofthisSectionshallbefinednotmore* thantwothousanddollarsorbeimprisoned,with* orwithouthardlabor,fornotmore* than(ii) twoCoordinated years,expenditures, which made for the purpose of supporting, opposing, or both.otherwise influencing the nomination or election of the candidate and shallbeconsideredtobeacontributiontosuchthecandidate,theprincipalcampaign committee, or the subsidiary committee thereof that, directly or through an agent, cooperatedwith, consultedwith, oractedin concertwith thecreatorordisseminator of or requested or suggested the creation or dissemination of the electioneering communication.

DIGEST* ThedigestprintedbelowwaspreparedbyHouseLegislative* Services.* (c) "Contribution" shall not include:

It* constitutes* nopart* (ii) Any dues or membership fees of any membership organization or corporationmade byits members or stockholders, if such membership organization or corporation is not organized primarilyfor the legislativepurpose instrument.of supporting, opposing or otherwise influencing the nomination for election, or election, of any person to publicofficemakingexpendituresforelectioneeringcommunications.However,any funds of such an organization or corporation used for the purpose of contributions to candidatesor committees or to publiclyadvocate support or defeat of a candidate or for expenditures as defined in this Chapter expenditures for electioneering communicationsshallbereportableandallcontributionsmadebysuchmembership organization or corporation which are otherwise reportable under the provisions of this Chapter shall be reported.

The* keyword,* one-liner,* abstract,(8) and"Coordinated digestexpenditure" domeans notan constituteexpenditure partmade ofbyanyperson thein lawcooperation, consultation, or proofconcert with, or indiciaat the request or suggestion of, a Page 4 of legislative7 intent.CODING:

[R.S.

1:13(B) and 24:177(E)] HB 459 Reengrossed 2026 Regular Session Mandie Landry Abstract:

Requires a disclosure on electioneering communications and certain digital materials when the material contains the image or likeness of a candidate that is created using artificial intelligence, subject to criminal penalties.

Present law (R.S.

18:1463) requires that certain electioneering communications and digital materials contain a disclosure of the person paying for the communication.

Proposed law retains present law and furtherfinds that it is essential to the protection of the electoral process that the public not be deceived or misled by an image or likeness of a candidate that is created using artificial intelligence, and therefore provides that no person shall makeanyelectioneeringcommunicationoranydigital materialplacedorpromotedon a public facing website, web application, or digital application within 60 days before an election in which a candidate is on the ballot that portrays the candidate and that is created using artificial intelligence without providing a clear and understandable disclosure on the electioneering communication or digital material that it was created using artificial intelligence.

Present law provides that whoever violates present law shall be fined not more than $2,000 or be imprisoned, with or without hard labor, for not more than two years, or both.

Proposed law retains present law and applies present law penalties to proposed law.

Present law defines "digital material" as any material or communication that, for a fee, is placed or promoted on a public facing website, web application, or digital application, including a social network, advertising network, or search engine.

Proposed law adds to the present law definition of "digital materials" materials or communications placed or promoted for anypayment other than a fee.

Presentlaw(R.S.14:73.14)defines"artificialintelligence"asanartificialsystemdeveloped in computer software, physical hardware, or other context that solves tasks requiring human-like perception, cognition, planning, learning, communication, or physical action.

Proposed law retains present law and applies the same definition to proposed law.

Present law defines "electioneering communication" as any broadcast, cable, or satellite communicationthatreferstoalegallyqualifiedcandidateforelectedofficeandisbroadcast within 60 days before any election in which such candidate is on the ballot.

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HLS 26RS-1073 REENGROSSED HB NO.

459 ProposedENROLLED lawcandidate, retainshis presentprincipal lawcampaign andcommittee appliesor a subsidiary committee thereof, or their agents for the samepurpose definitionof tosupporting, proposedopposing, law.or otherwise influencing the nomination or election of the candidate of expenditures for electioneering communications.

Present* law* (R.S.* (11)(a) "Expenditure" means a purchase, payment, advance, deposit, or gift, ofmoneyoranythingofvaluemadeforapurposeprovidedforinR.S.18:1501.1(A) or 1505.2(I) by a candidate or committee.

18:1483(3))For defines "candidate" as a person whoother seeksthan nominationa candidate or electiontopublicoffice,excepttheofficeofpresidentorvicepresidentoftheUnitedStates,committee, presidential"expenditure" elector,means delegatea topurchase, apayment, politicaladvance, partydeposit, convention,or Unitedgift, Statesof senator,money Unitedor Statesanything congressman,of orvalue politicalmade partyfor office.an electioneering communication.

An* individual* shall* be(d) deemed"Expenditure" toshall seeknot nominationinclude: or election to such office if the individual has done anyof the following:

(1)* Since* prior* participation(ii)Anycommunication,includinganelectioneeringcommunication,byany inmembershiporganizationorbusinessentitytoitsemployees,members,directors,or anstockholders,ortheirfamilymembers,ifsuchmembershiporganizationorbusiness election,entity ifis any,not receivedorganized andprimarily acceptedfor athe contributionpurpose orof madesupporting, anopposing, expenditure, or hasotherwise giveninfluencing histhe consentnomination for anyotherelection, person or committeeelection, toof receiveany aperson contribution or make an expenditure with a view to influencingpublic his nomination or election to office whether or notfor the specificpurpose publicof officesupporting foror whichopposing he will be a candidateproposition isor knownquestion atto thebe timesubmitted theto contribution is received or the expenditurevoters ismaking made.electioneering communications.

(2)All Takenother theexpenditures actionmade necessaryby such membership organization or business entity which are otherwise reportable under the lawsprovisions of thethis stateChapter ofshall La.be reported.

toFor qualifypurposes himselfof forthis nominationdefinition, business entity means any proprietorship, partnership, corporation, or electionother tolegal publicentity, office.including their subsidiaries.

(3)* Been* selected* as(33)(a) "Electioneeringcommunication"meansanycommunication,whether printed, digital, or broadcast by a partynomineemedia inentity, accordancethat withmeets presenteither lawof (R.S.the following:

18:410.6).(i) Contains express advocacy supporting or opposing the nomination or election of a person to public office, the recall of a public official, or a proposition or question submitted to the voters.

ProposedPage law5 retainsof present7 lawCODING: and applies the same definition to proposed law.

(AmendsWordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored R.S.are additions.

18:1463(A),HB (F),NO. and (G);

Adds459 R.S.ENROLLED (ii) The only reasonable conclusion to be drawn from the presentation, content, and context of the communication is that it is intended to appeal for a vote in a specificelection for or against a specific candidate or for or against the recall of a specific elected official or a proposition or for or against a question submitted to the voters.

18:1463(H))Consideration Summaryof the context of Amendmentsa Adoptedcommunication byshall Houseinclude Thethe Housetemporalproximityto Floorthespecificelection,whetherthecommunicationis Amendmentsprimarily directed to voters in the engrossedspecific bill:election, and whether the communication is part of a larger campaign of communication regarding an issue other than the specific election.

1.(b) ForpurposesofthisParagraph,"mediaentity"includesaradiobroadcast station, television broadcast station, cable or satellite television company, or other video service provider, streaming video provider, newspaper company, periodical company, billboard company, advertisement agency, or media platform responsible for the production or publication of any advertisement, voice, data, or other communications,informationservices,orinternetaccessprovider,orbonafidenews or public interest website operator.

Provide* for* disclosure* of§1501.1. the use of artificial intelligence in the making of electioneeringcommunications ratherthan in the distribution or transmission of paid political announcements or advertisements.

2.Reports by persons not candidates or committees A.(1) Any person, other than a candidate or a committee, who makes any expenditureforexpressadvocacysupportingoropposingthenominationorelection of a person to public office, the recall of a public official, or a proposition or question submitted to the voters, or for a communication for which the only reasonable conclusion to be drawn from the presentation and content is that it is intended to appeal to vote for or against a specific candidate or for or against the recall of a specific elected official or a proposition or question submitted to the votersanelectioneeringcommunicationshallfilereportsifsuchexpendituresexceed one thousand dollars in the aggregate during the aggregating period as defined for committees.

Require* that* the* disclosurePage be6 clear and understandable, rather than require that the disclosure appear in the manner provided for in present law related to disclosure of the7 nameCODING: of third-partypayors.

3.Wordsinstruckthroughtypearedeletionsfromexistinglaw;wordsunderscored are additions.

RemoveHB theNO. proposed law increase of the criminal fine to $10,000, keeping the fine at the present law $2,000.

4.459 ENROLLED Section2.R.S.18:1463(C)(5),1491.7(B)(22),and1495.5(B)(21)arehereby repealed.

ProvideSection a3. definition for "candidate".

PageThe 4Louisiana State Law Institute is authorized and directed to arrangeinalphabeticalorderandrenumberdefinitionscontainedinR.S.18:1483and tocorrectanycross-referencestotherenumberedparagraphsifnecessary,consistent with the provisions of 4this CODING:Act.

SPEAKER OF THE HOUSE OF REPRESENTATIVES PRESIDENT OF THE SENATE GOVERNOR OF THE STATE OF LOUISIANA APPROVED:

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