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The House Committee on Technology and Infrastructure Innovation offers the following
substitute to HB 986:
A BILL TO BE ENTITLED
AN ACT
To amend Title 21 of the Official Code of Georgia Annotated, relating to elections, so as to1
establish the criminal offenses of fraudulent election interference and solicitation of such; to2
provide for definitions; to provide for exceptions; to provide for the Attorney General to have3
concurrent jurisdiction over such crimes; to provide for punishment; to provide for injunctive4
relief; to provide for the State Election Board to publish results of investigations into such5
offenses; to provide for certain disclaimers on campaign advertisements that use AI6
generated media; to provide for the form of such disclaimers; to provide for definitions; to7
provide for legislative findings and intent; to provide for related matters; to provide for an8
effective date; to repeal conflicting laws; and for other purposes.9
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:10
PART I11
SECTION 1-1.12
The General Assembly finds:13
(1) The significant and rapid increase in use and advancements of artificial intelligence14
and other sophisticated technologies poses a unique danger to the State of Georgia's free15
and fair system of elections;16
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(2) Artificial intelligence and other technologies now allow individuals, both in good faith17
and bad faith, to create AI generated media that falsely depicts conduct that appears to be18
real;19
(3) The state and its citizens have the utmost rights to both free and fair elections and20
freedom of speech; and21
(4) This Act is narrowly tailored for the purpose of protection against the use of deceptive22
media in bad faith to influence elections by reducing certain candidates' chances of being23
elected or by suppressing voter turnout through mass confusion.24
PART II25
SECTION 2-1.26
Title 21 of the Official Code of Georgia Annotated, relating to elections, is amended in27
Chapter 2, relating to elections and primaries generally, by adding a new Code section to28
read as follows:29
"21-2-605.30
(a) As used in this Code section, the term:31
(1) 'Election' shall have the same meaning as provided in Code Section 21-5-3.32
(2) 'Materially deceptive media' means a video recording, video file, audio recording, or33
audio file, still image, or still image file that:34
(A) Appears to depict a real individual's speech or conduct that did not occur in reality;35
and36
(B) Would appear to a reasonable observer to be authentic.37
(3) 'Person' means any employee, staff member, or other similarly affiliated individual38
of a political party, political body, candidate, campaign committee, political action39
committee, or any other political committee. Such term shall not include a broadcaster,40
cable provider, online service, streaming platform, or any employees or agents thereof,41
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who otherwise would not fall under this definition of person except for their sale of42
advertising to a person as defined in this paragraph.43
(b) A person commits the offense of fraudulent election interference if he or she, with44
knowledge of its falsity, publishes, broadcasts, streams, or uploads materially deceptive45
media within 90 days of an election with the intent to deceive one or more electors for the46
purpose of:47
(1) Significantly influencing a candidate's chance of being elected in such election;48
(2) Creating confusion about the administration of such election; or49
(3) Otherwise influencing the result of such referendum.50
(c) A person commits the offense of solicitation of fraudulent election interference when51
he or she, with the intent that a violation proscribed by subsection (b) of this Code section52
be committed, commands, encourages, or requests any individual to commit a violation53
proscribed by subsection (b) of this Code section.54
(d) Nothing in this Code section shall apply to activities protected by the First Amendment55
to the United States Constitution, including, but not limited to, satire, parody, works of56
artistic expression, or works of journalism by bona fide news organizations.57
(e) A person who commits an offense under this Code section shall be guilty of a felony58
and, upon conviction thereof, shall be punished by imprisonment for not less than two59
years nor more than five years and by a fine not to exceed $50,000.00.60
(f) For prosecutions under this Code section, venue shall be proper in any county in this61
state where:62
(1) Any act was committed in furtherance of the unlawful conduct;63
(2) The candidate affected by the alleged violation resides; or64
(3) The defendant resided at the time of the alleged violation.65
(g) The Attorney General shall have concurrent jurisdiction to conduct the criminal66
prosecution of a violation of this Code section. A criminal prosecution for a violation of67
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this Code section shall only be initiated upon the Attorney General receiving a68
recommendation to prosecute from the State Election Board.69
(h) In addition to any other remedy provided by law, a cause of action for injunctive relief70
may be maintained against any person who is in violation of this Code section, by:71
(1) An individual depicted in the materially deceptive media;72
(2) The Attorney General;73
(3) A candidate for office who has been injured or is likely to be injured by the74
distribution of the materially deceptive media; or75
(4) Any organization that represents the interests of voters likely to be deceived by the76
distribution of the materially deceptive media."77
SECTION 2-2.78
Said chapter is further amended in Code Section 21-2-31, relating to duties of the State79
Election Board, by revising paragraph (5) as follows:80
"(5) To investigate, or authorize the Secretary of State to investigate, when necessary or81
advisable the administration of primary and election laws and frauds and irregularities in82
primaries and elections and to report violations of the primary and election laws either83
to the Attorney General or the appropriate district attorney who shall be responsible for84
further investigation and prosecution. Except as provided in Code Section 21-2-605,85
nothing Nothing in this paragraph shall be so construed as to require any complaining86
party to request an investigation by the board before such party might proceed to seek any87
other remedy available to that party under this chapter or any other provision of law;"88
SECTION 2-3.89
Said chapter is further amended in Code Section 21-2-33.1, relating to enforcement of90
chapter, suspension of election superintendents, and support and assistance from the91
Secretary of State, by adding a new subsection to read as follows:92
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"(a.1) In any investigation stemming from an alleged violation of Code Section 21-2-605,93
the State Election Board shall release to the public the findings of any completed94
investigation."95
SECTION 2-4.96
Title 21 of the Official Code of Georgia Annotated, relating to elections, is further amended97
in Chapter 5, relating to government transparency and campaign finance, by adding a new98
article to read as follows:99
"ARTICLE 5100
21-5-90.101
As used in this article, the term:102
(1) 'AI generated media' means a video recording, video file, audio recording, audio file,103
still image, or still image file that:104
(A) Is created through the use of an artificial intelligence system;105
(B) Depicts a real individual's speech or conduct that did not occur in reality; and106
(C) Appears to a reasonable observer to be authentic.107
(2) 'Artificial intelligence system' means an engineered or machine based system that108
emulates the capability of a person to receive audio, visual, text, or any other form of109
information and use the information received to emulate a human cognitive process,110
including, but not limited to, learning, generalizing, reasoning, planning, predicting,111
acting, or communicating; provided, however, that artificial intelligence systems may112
vary in the forms of information they can receive and in the human cognitive processes113
they can emulate.114
(3) 'Campaign advertisement' means any campaign material, commercial, advertisement,115
or other media designed to bring about the nomination or election of an individual to any116
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elected office; designed to bring about the recall of a public officer holding elective office117
or to oppose the recall of a public officer holding elective office; or designed to bring118
about the approval or rejection by the voters of any proposed constitutional amendment,119
a state-wide referendum, or a proposed question which is to appear on the ballot in this120
state or in a county or a municipal election in this state.121
21-5-91.122
(a) Notwithstanding the prohibitions contained in Code Section 21-2-605, any person may123
use AI generated content in any campaign advertisement, so long as the campaign124
advertisement discloses, in accordance with the provisions of Code Section 21-5-92:125
(1) The name of the candidate or candidates or campaign committee or committees that126
created, sponsored, and paid for the campaign advertisement;127
(2) The name of each person who is being impersonated;128
(3) That events depicted may not have actually occurred; and129
(4) That artificial intelligence was used to make part or all of the content of the campaign130
advertisement.131
(b) Minor editing of a piece of existing audio or visual media shall not require disclosure132
under this Code section when such minor editing would not substantially change an133
observer's understanding of such media.134
21-5-92.135
The disclosure provided for in Code Section 21-5-91 shall meet the following136
requirements:137
(1) For each campaign advertisement that involves the use, in whole or in part, of visual138
media, such disclosure:139
(A) Shall be in writing and completed in each written language used in the remainder140
of the advertisement; and141
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(B) Shall be clearly readable, which shall mean that the text of the disclosure shall:142
(i) Appear in letters equal to or greater than 30 percent of the vertical picture height;143
(ii) Be visible for a period of at least 30 percent of the media, in the case of moving144
images and video; and145
(iii) Appear with a reasonable degree of color contrast between the background and146
the text of the statement. A statement satisfies the color contrast requirement of this147
division if it is printed in black text on a white background or if the degree of color148
contrast between the background and the text of the statement is no less than the color149
contrast between the background and the largest type size used in the communication;150
and151
(2) For each campaign advertisement that involves the use of audible media but does not152
involve the use of any visual media, such disclosure shall be announced, articulated,153
spoken, or otherwise rendered completely using the same audible volume, the same rate154
of speaking as measured in words per minute, and each spoken language as used in the155
remainder of the advertisement.156
21-5-93.157
(a) Each violation of this article shall be punishable by a fine pursuant to the provisions158
of Code Section 21-5-6, except that the amount of such fine shall not be less than159
$10,000.00.160
(b) Any violation of this article involving the use of AI generated media in a solicitation161
for fundraising shall be punishable by disgorgement of any funds raised within ten days of162
such solicitation.163
(c) Except as described in subsection (a) of this Code section, nothing in this Code section164
shall be construed so as to limit the powers or remedies available to the commission.165
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(d) Notwithstanding any other provision of law to the contrary, the commission shall be166
authorized to investigate any complaint concerning a violation of this article within 90 days167
of an election.168
21-5-94.169
The commission shall be authorized to promulgate such rules and regulations as may be170
necessary for the execution of its functions under this article."171
PART III172
SECTION 3-1.173
This Act shall become effective upon its approval by the Governor or upon its becoming law174
without such approval.175
SECTION 3-2.176
All laws and parts of laws in conflict with this Act are repealed.177
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