In recent weeks a growing number of US candidates and officeholders have faced legal warnings, complaints and public backlash over campaign materials produced with artificial intelligence. One recent example involves Rep. Derrick Van Orden (R-Wisconsin), who received a cease-and-desist letter after posting what attorneys for his opponent, Rebecca Cooke, say were misleading AI-generated videos that falsely attribute statements to Cooke.
The Van Orden case
Lawyers for Rebecca Cooke sent a cease-and-desist letter to Derrick Van Orden on Wednesday, accusing him of a “pattern of posting misleading AI-generated videos” that put false statements in Cooke’s mouth. The letter highlighted an August X post in which an AI-generated video depicts Cooke saying she wants to “take advantage of as much corruption as possible and give every illegal alien free healthcare” — a line Cooke’s team says she never made. Van Orden’s campaign did not comment to reporters; Van Orden himself responded publicly with an AI-generated video of a duck wearing a Democratic Socialists of America T-shirt shouting, “cease and desist.”
Broader trends and legal context
AI deepfakes have proliferated during this election cycle, appearing in both hyperrealistic and more cartoonish campaign ads. For instance, Texas Senate GOP nominee Ken Paxton ran ads that blended real and inaccurate statements about his opponent, James Talarico. In Louisiana’s Republican Senate primary, a candidate circulated material showing undocumented immigrants being bused to polling places.
Several contests have produced legal challenges. Texas Lt. Gov. Dan Patrick (R) faced a criminal complaint filed by his Democratic challenger, state Rep. Vikki Goodwin, under Texas’s deepfake election law in September. That law bars AI-generated ads within 30 days of an election if their intent is to influence the outcome; Goodwin argues the period should run to 30 days before the start of early voting. Patrick’s campaign ran AI-generated attack ads falsely showing Goodwin at a football game wearing a shirt labeled “taxes” instead of “Texas”; the campaign later removed the ads and a spokesperson called the video an “obvious parody.”
North Carolina state Sen. Michael Lee (R) was also issued a cease-and-desist letter in August by his Democratic challenger, Jessica Bichler, over his use of AI-generated ads. North Carolina currently does not have specific laws prohibiting AI use in campaign advertising.
State rules and public trust
According to the National Conference of State Legislatures, about 31 states regulate political deepfakes, and at least 28 of those require disclosures when content is AI-generated. Nevertheless, in the absence of a federal standard, candidates and campaigns increasingly rely on cease-and-desist letters, criminal complaints and other legal avenues to challenge or remove deceptive AI content.
Observers say AI deepfakes erode public trust in the political system by making it harder for voters to discern what candidates actually stand for. Experts note that such ads can influence opinions even when viewers know they are fabricated, and they may compound broader declines in Americans’ trust in the federal government, institutions and the news media.
Outlook
Given the current regulatory gap at the federal level, legal challenges and warnings are likely to continue as targeted candidates and campaigns turn to the courts, law enforcement and publicly filed letters to police AI-generated campaign content.
