---
title: SB 9. "Ensuring Accountability for Illegal AI Activities Act"; enact
collection: bills
id: 2025-2026/sb9
cite_as: SB 9, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/sb9
md_url: https://georgiacommons.org/bills/2025-2026/sb9.md
text_url: https://georgiacommons.org/bills/2025-2026/sb9/text
source_url: https://www.legis.ga.gov/legislation/69351
date: 2026-01-28
status: engrossed
corpus_version: bills-2026-09-13
license: Public record of the Georgia General Assembly, via LegiScan; see about.md
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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omitted: votes and history
omitted_chars: 968
omitted_url: https://georgiacommons.org/bills/2025-2026/sb9.md?full=1
bill_number: SB 9
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: Senate
bill_type: bill
status_date: 2025-03-04
last_action: Senate Disagreed House Amend or Sub
sponsors:
- John Albers
- Shawn Still
- Jason Esteves
- Sheikh Rahman
- Bill Cowsert
- Chuck Payne
- Emanuel Jones
- Jason Anavitarte
- Randy Robertson
- Brad Thomas
text_version: Introduced
has_text: true
legiscan_url: https://legiscan.com/GA/bill/SB9/2025
upstream_id: 1919150
summaries_model: claude-sonnet-5
topic_tags:
- artificial intelligence
- election law
- deepfakes
- campaign finance
- election fraud
---
# SB 9. "Ensuring Accountability for Illegal AI Activities Act"; enact
## Text
The House Committee on Rules offers the following substitute to SB 9:
A BILL TO BE ENTITLED
AN ACT
To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to
establish the criminal offenses of fraudulent election interference and solicitation of such; to
provide for definitions; to provide for exceptions; to provide for the Attorney General to have
concurrent jurisdiction over such crimes; to provide for punishment; to provide for injunctive
relief; to provide for the State Election Board to publish results of investigations into such
offenses; to provide for certain disclaimers on campaign advertisements that use AI
generated media; to provide for the form of such disclaimers; to provide for definitions; to
provide for legislative findings and intent; to provide for related matters; to provide for an
effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
PART I
SECTION 1-1.
The General Assembly finds:
(1) The significant and rapid increase in use and advancements of artificial intelligence
and other sophisticated technologies poses a unique danger to the State of Georgia's free
and fair system of elections;
(2) Artificial intelligence and other technologies now allow individuals, both in good faith
and bad faith, to create AI generated media that falsely depicts conduct that appears to be
real;
(3) The state and its citizens have the utmost rights to both free and fair elections and
freedom of speech; and
(4) This Act is narrowly tailored for the purpose of protection against the use of deceptive
media in bad faith to influence elections by reducing certain candidates' chances of being
elected or by suppressing voter turnout through mass confusion.
PART II
SECTION 2-1.
Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended in
Chapter 2, relating to elections and primaries generally, by adding a new Code section to
read as follows:
"21-2-605.
(a) As used in this Code section, the term:
(1) 'Election' shall have the same meaning as provided in Code Section 21-5-3.
(2) 'Materially deceptive media' means a video recording, video file, audio recording, or
audio file, still image, or still image file that:
(A) Appears to depict a real individual's speech or conduct that did not occur in reality;
and
(B) Would appear to a reasonable observer to be authentic.
(3) 'Person' means any employee, staff member, or other similarly affiliated individual
of a political party, political body, candidate, campaign committee, political action
committee, or any other political committee. Such term shall not include a broadcaster,
cable provider, online service, internet service provider, streaming platform, or any
employees or agents thereof, who otherwise would not fall under this definition of person
except for their sale of advertising to a person as defined in this paragraph.
(b) A person commits the offense of fraudulent election interference if he or she, with
knowledge of its falsity, publishes, broadcasts, streams, or uploads materially deceptive
media within 90 days of an election with the intent to deceive one or more electors for the
purpose of:
(1) Significantly influencing a candidate's chance of being elected in such election;
(2) Creating confusion about the administration of such election; or
(3) Otherwise influencing the result of such referendum.
(c) A person commits the offense of solicitation of fraudulent election interference when
he or she, with the intent that a violation proscribed by subsection (b) of this Code section
be committed, commands, encourages, or requests any individual to commit a violation
proscribed by subsection (b) of this Code section.
(d) Nothing in this Code section shall apply to activities protected by the First Amendment
to the United States Constitution, including, but not limited to, satire, parody, works of
artistic expression, or works of journalism by bona fide news organizations.
(e) Upon conviction of an offense under this Code section, a person shall be punished as
follows:
(1) For the first offense, he or she shall be guilty of a misdemeanor; and
(2) For the second or subsequent offense, he or she shall be guilty of a felony and, upon
conviction thereof, shall be punished by imprisonment for not less than two years nor
more than five years and by a fine not to exceed $50,000.00.
(f) For prosecutions under this Code section, venue shall be proper in any county in this
state where:
(1) Any act was committed in furtherance of the unlawful conduct;
(2) The candidate affected by the alleged violation resides;
(3) The defendant resided at the time of the alleged violation; or
(4) The materially deceptive media is received.
(g) The Attorney General shall have concurrent jurisdiction to conduct the criminal
prosecution of a violation of this Code section. A criminal prosecution for a violation of
this Code section shall only be initiated upon the Attorney General receiving a
recommendation to prosecute from the State Election Board.
(h) In addition to any other remedy provided by law, a cause of action for injunctive relief
may be maintained against any person who is in violation of this Code section, by:
(1) An individual depicted in the materially deceptive media;
(2) The Attorney General; or
(3) A candidate for office who has been injured or is likely to be injured by the
distribution of the materially deceptive media."
SECTION 2-2.
Said chapter is further amended in Code Section 21-2-31, relating to duties of the State
Election Board, by revising paragraph (5) as follows:
"(5) To investigate, or authorize the Secretary of State to investigate, when necessary or
advisable the administration of primary and election laws and frauds and irregularities in
primaries and elections and to report violations of the primary and election laws either
to the Attorney General or the appropriate district attorney who shall be responsible for
further investigation and prosecution. Except as provided in Code Section 21-2-605,
nothing Nothing in this paragraph shall be so construed as to require any complaining
party to request an investigation by the board before such party might proceed to seek any
other remedy available to that party under this chapter or any other provision of law;"
SECTION 2-3.
Said chapter is further amended in Code Section 21-2-33.1, relating to enforcement of
chapter, suspension of election superintendents, and support and assistance from the
Secretary of State, by adding a new subsection to read as follows:
"(a.1) In any investigation stemming from an alleged violation of Code Section 21-2-605,
the State Election Board shall release to the public the findings of any completed
investigation."
SECTION 2-4.
Title 21 of the Official Code of Georgia Annotated, relating to elections, is further amended
in Chapter 5, relating to government transparency and campaign finance, by adding a new
article to read as follows:
"ARTICLE 5
21-5-90.
As used in this article, the term:
(1) 'AI generated media' means a video recording, video file, audio recording, audio file,
still image, or still image file that:
(A) Is created through the use of an artificial intelligence system;
(B) Depicts a real individual's speech or conduct that did not occur in reality; and
(C) Appears to a reasonable observer to be authentic.
(2) 'Artificial intelligence system' means an engineered or machine based system that
emulates the capability of a person to receive audio, visual, text, or any other form of
information and use the information received to emulate a human cognitive process,
including, but not limited to, learning, generalizing, reasoning, planning, predicting,
acting, or communicating; provided, however, that artificial intelligence systems may
vary in the forms of information they can receive and in the human cognitive processes
they can emulate.
(3) 'Campaign advertisement' means any campaign material, commercial, advertisement,
or other media designed to bring about the nomination or election of an individual to any
elected office; designed to bring about the recall of a public officer holding elective office
or to oppose the recall of a public officer holding elective office; or designed to bring
about the approval or rejection by the voters of any proposed constitutional amendment,
a state-wide referendum, or a proposed question which is to appear on the ballot in this
state or in a county or a municipal election in this state.
(4) 'Person' means any employee, staff member, or other similarly affiliated individual
of a political party, political body, candidate, campaign committee, political action
committee, or any other political committee. Such term shall not include a broadcaster,
cable provider, online service, internet service provider, streaming platform, or any
employees or agents thereof, who otherwise would not fall under this definition of person
except for their sale of advertising to a person as defined in this paragraph.
21-5-91.
(a) Notwithstanding the prohibitions contained in Code Section 21-2-605, any person may
use AI generated content in any campaign advertisement, so long as the campaign
advertisement discloses, in accordance with the provisions of Code Section 21-5-92:
(1) The name of the candidate or candidates or campaign committee or committees that
created, sponsored, and paid for the campaign advertisement;
(2) The name of each person who is being impersonated;
(3) That events depicted may not have actually occurred; and
(4) That artificial intelligence was used to make part or all of the content of the campaign
advertisement.
(b) Minor editing of a piece of existing audio or visual media shall not require disclosure
under this Code section when such minor editing would not substantially change an
observer's understanding of such media.
21-5-92.
The disclosure provided for in Code Section 21-5-91 shall meet the following
requirements:
(1) For each campaign advertisement that involves the use, in whole or in part, of visual
media, such disclosure:
(A) Shall be in writing and completed in each written language used in the remainder
of the advertisement; and
(B) Shall be clearly readable, which shall mean that the text of the disclosure shall:
(i) Be equal to or greater than 30 percent of the vertical picture height;
(ii) Be visible for a period of at least 30 percent of the media, in the case of moving
images and video; and
(iii) Appear with a reasonable degree of color contrast between the background and
the text of the statement. A statement satisfies the color contrast requirement of this
division if it is printed in black text on a white background or if the degree of color
contrast between the background and the text of the statement is no less than the color
contrast between the background and the largest type size used in the communication;
and
(2) For each campaign advertisement that involves the use of audible media but does not
involve the use of any visual media, such disclosure shall be announced, articulated,
spoken, or otherwise rendered completely using the same audible volume, the same rate
of speaking as measured in words per minute, and each spoken language as used in the
remainder of the advertisement.
21-5-93.
(a) Each violation of this article shall be punishable by a fine pursuant to the provisions
of Code Section 21-5-6, except that the amount of such fine shall not be less than
$10,000.00.
(b) Any violation of this article involving the use of AI generated media in a solicitation
for fundraising shall be punishable by disgorgement of any funds raised within ten days of
such solicitation.
(c) Except as described in subsection (a) of this Code section, nothing in this Code section
shall be construed so as to limit the powers or remedies available to the commission.
(d) Notwithstanding any other provision of law to the contrary, the commission shall be
authorized to investigate any complaint concerning a violation of this article within 90 days
of an election.
21-5-94.
The commission shall be authorized to promulgate such rules and regulations as may be
necessary for the execution of its functions under this article."
PART III
SECTION 3-1.
This Act shall become effective upon its approval by the Governor or upon its becoming law
without such approval.
SECTION 3-2.
All laws and parts of laws in conflict with this Act are repealed.
## Summaries written by Georgia Commons
The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary.
Senate Bill 9 would make it a crime to knowingly spread AI generated deepfake media meant to deceive voters within 90 days of a Georgia election, and would require disclosure labels on campaign ads that use AI generated content.
### Plain-language summary
Georgia law currently has no specific crime targeting AI generated deepfakes used to manipulate elections. This bill creates a new offense, fraudulent election interference, for knowingly publishing or broadcasting 'materially deceptive media' that falsely depicts a real person's speech or conduct within 90 days of an election, if done to sway a candidate's chances, confuse voters about how an election is run, or influence a referendum. It also criminalizes soliciting someone else to do this. Journalism, satire, parody, and artistic works are exempted.
The bill sets penalties (a misdemeanor for a first offense, a felony with two to five years in prison and up to a $50,000 fine for repeat offenses), gives the Attorney General power to prosecute after a referral from the State Election Board, and allows lawsuits for injunctions. Separately, it lets campaigns use AI generated content in ads if they disclose who is impersonated, that events may not have occurred, and that AI was used, with specific size, duration, and audio requirements for the disclosure. Violations of the disclosure rules carry a minimum $10,000 fine. The law would take effect as soon as the Governor signs it.
### What it does
- Creates a new crime, fraudulent election interference, for knowingly spreading AI generated deepfake media meant to deceive voters within 90 days of an election.
- Creates a related crime of soliciting someone else to commit fraudulent election interference.
- Sets penalties: a misdemeanor for a first offense and a felony with two to five years in prison plus up to a $50,000 fine for repeat offenses.
- Gives the Attorney General authority to prosecute these cases, but only after the State Election Board refers the case for prosecution.
- Requires campaign ads using AI generated content to include specific disclosures identifying who created the ad, who is impersonated, and that AI was used.
- Sets a minimum $10,000 fine for violating the AI ad disclosure rules and requires forfeiting money raised through AI-based fundraising solicitations that break the rules.
### Who it affects
Political candidates, campaign committees, political parties, and political action committees that create or use AI generated media in ads; individuals who create deceptive AI content about candidates; the Attorney General's office and the State Election Board, which investigate and prosecute these cases; and Georgia voters and candidates who could be targeted by deepfakes.
### Why it matters
Georgians could see fewer convincing but fake AI videos or audio clips of candidates circulating close to elections without warning, since creators would risk criminal charges or fines. Campaigns that do use AI in ads would have to clearly disclose it, giving voters a way to identify manipulated content.
### Key provisions
- Section 2-1 adds O.C.G.A. § 21-2-605, defining 'materially deceptive media' and creating the crime of fraudulent election interference for knowingly spreading it within 90 days of an election with intent to deceive.
- Section 2-1 exempts First Amendment protected activity including satire, parody, artistic expression, and journalism from prosecution.
- Section 2-1 sets venue rules allowing prosecution in counties where the act occurred, the affected candidate resides, the defendant resided, or the media was received.
- Section 2-1 allows injunctive relief lawsuits by the person depicted, the Attorney General, or an injured candidate.
- Section 2-2 requires the State Election Board to refer suspected violations to the Attorney General before prosecution can begin.
- Section 2-3 requires the State Election Board to publicly release findings of completed investigations into these offenses.
- 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 about AI use and impersonation are included, with detailed size, timing, and audio requirements.
- Section 2-4 sets a minimum $10,000 fine for disclosure violations and requires forfeiting funds raised through noncompliant AI-based fundraising solicitations within ten days.
## Status
- Status: Engrossed (2025-03-04)
- Last action: Senate Disagreed House Amend or Sub (2026-01-28)
- Sponsors: John Albers, Shawn Still, Jason Esteves, Sheikh Rahman, Bill Cowsert, Chuck Payne, Emanuel Jones, Jason Anavitarte, Randy Robertson, Brad Thomas
- Official page: https://www.legis.ga.gov/legislation/69351
> The history, votes, and amendments (968 characters) are at https://georgiacommons.org/bills/2025-2026/sb9.md?full=1