SB9: SB9 "Ensuring Accountability for Illegal AI Activities Act"; enact

Georgia law currently has no specific criminal offense addressing AI generated fake media used in elections. This bill creates one. It makes it a crime to knowingly publish, broadcast, stream, or upload "materially deceptive media" within 90 days of an election if done to sway a candidate's chances, confuse voters about how the election is run, or otherwise change the outcome. Soliciting someone else to do this is also a crime. The bill exempts satire, parody, artistic works, and legitimate journalism. Separately, the bill lets campaigns use AI generated content in ads if they add specific disclosures naming who paid for the ad, who is being impersonated, and stating that the depicted events may not have happened and that AI was used. It sets rules for how visible or audible those disclosures must be, sets fines starting at $10,000 for violations, and lets the State Election Board and Attorney General jointly investigate and prosecute. The law would take effect as soon as the Governor signs it.

• Creates a new crime, fraudulent election interference, for knowingly spreading AI generated media that falsely depicts a real person to influence an election within 90 days of it.
• Creates a related crime for soliciting someone else to commit fraudulent election interference.
• Sets penalties: a misdemeanor for a first offense and a felony with 2 to 5 years in prison and up to a $50,000 fine for repeat offenses.
• Requires campaign ads that use AI generated media to include specific written or spoken disclosures identifying who paid for the ad and who is being impersonated.
• Sets a minimum $10,000 fine for violations of the AI disclosure rules and requires forfeiting funds raised through AI generated fundraising solicitations that violate the law.
• Gives the Attorney General and State Election Board shared authority to investigate and prosecute violations, and requires the board to publicly release investigation findings.

Political candidates, campaign committees, political parties, and political action committees who create or pay for campaign ads; individuals whose likeness could be falsely depicted; the Attorney General, State Election Board, and state ethics commission, which gain new investigative and enforcement duties; and journalists, satirists, and artists, who are exempted from the new crime.

Georgians would see AI generated campaign content labeled going forward, and anyone who knowingly spreads fake AI video or audio of a candidate close to an election could face criminal charges, fines, or a lawsuit, changing how campaigns can legally use AI tools in the final months before elections.

• Section 2-1 adds O.C.G.A. § 21-2-605, defining "materially deceptive media" and criminalizing its knowing use within 90 days of an election to influence results or confuse voters.
• Section 2-1 sets penalties of a misdemeanor for a first offense and a felony (2 to 5 years, up to $50,000 fine) for repeat offenses, and allows injunctive relief lawsuits by affected individuals, candidates, or the Attorney General.
• Section 2-1 gives the Attorney General concurrent jurisdiction to prosecute, but only after the State Election Board recommends prosecution.
• Section 2-3 requires the State Election Board to publicly release findings from completed investigations into alleged violations of the new crime.
• Section 2-4 adds a new article (O.C.G.A. §§ 21-5-90 through 21-5-94) allowing AI generated content in campaign ads if specific disclosures are included, and sets detailed formatting rules for how visible or audible those disclosures must be.
• Section 21-5-93 sets a minimum $10,000 fine for disclosure violations and requires giving back funds raised through fundraising solicitations that misuse AI generated media.
• Section 3-1 makes the law effective immediately upon the Governor's signature or upon becoming law without signature.

1. 2026-01-28Senate Disagreed House Amend or Sub (Senate)
2. 2025-03-27House Passed/Adopted By Substitute (House)
3. 2025-03-27House Third Readers (House)
4. 2025-03-20House Committee Favorably Reported By Substitute (House)
5. 2025-03-11House Withdrawn, Recommitted (House)
6. 2025-03-10House Second Readers (House)
7. 2025-03-06House First Readers (House)
8. 2025-03-04Senate Passed/Adopted By Substitute (Senate)

• John Albers (R, SD-056)Primary sponsor
• Shawn Still (R, SD-048)
• Jason Esteves (D, SD-035)
• Sheikh Rahman (D, SD-005)
• Bill Cowsert (R, SD-046)
• Chuck Payne (R, SD-054)
• Emanuel Jones (D, SD-010)
• Jason Anavitarte (R, SD-031)
• Randy Robertson (R, SD-029)
• Brad Thomas (R, HD-021)

1. PassedSenate voteMarch 4, 2025

   46 yea, 9 nay (0 not voting, 1 absent)

   Passage By Substitute: Senate Vote #145

2. PassedHouse voteMarch 27, 2025

   152 yea, 12 nay (4 not voting, 12 absent)

   Passage: House Vote #322

• artificial intelligence
• election law
• campaign ads
• deepfakes
• election crimes