MontanaSB 2569th Legislature, Regular Session (2025)SenateWALLET

Revise election laws regarding disclosure requirements for the use of AI in elections

Sponsored By: Janet Ellis (Democrat)

Became Law

ElectionsCommunicationsCrimesInformation TechnologyLiability

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 0 benefits, 1 costs, 3 mixed.

Criminal penalties for repeat deepfake violators

After a second sufficiency finding by the commissioner, the case goes to the county attorney for misdemeanor charges. A misdemeanor conviction can bring up to a $500 fine, up to 6 months in county jail, or both. After a third sufficiency finding, the case goes for felony prosecution. A felony conviction can bring up to a $5,000 fine, up to 2 years in state prison, or both.

60-day ban on unlabeled election deepfakes

The law bans deepfake election messages about a candidate or party in the 60 days before voting starts when the sender acts in an official election role. A deepfake may be used only with this exact notice: "This (image/audio/video/multimedia) has been significantly edited by artificial intelligence and depicts speech or conduct that falsely appears to be authentic or truthful." The notice must follow format rules: print in at least 12‑point bold; TV/video on screen and at least 4% of screen height; online visible without clicking; audio spoken at the start or end for at least 8 seconds.

How news, ads, and platforms use deepfakes

News programs can show deepfakes in real news coverage if they clearly say the content may be AI‑generated and may be inaccurate. Broadcasters and streaming services may air paid deepfake ads if their disclosure rules match the law and they give those rules to every ad buyer, including when federal law requires airing candidate ads. Platforms may carry paid deepfake ads or prerecorded phone messages if they follow the same disclaimer rules and share them with the purchaser. Satire and parody are allowed if the required disclaimer appears and follows the format rules. Online services and telecom providers are not liable under this law for content posted by someone else.

Quick court orders and civil penalties

A complaint can be filed with the commissioner of political practices. If the commissioner finds it sufficient, civil penalties under existing law may follow. A candidate or that candidate’s party can ask a court to quickly stop a violation. Courts must move fast and may award costs and attorney fees, actual damages if proved, and up to $10,000 in punitive damages. The plaintiff must prove the violation by clear and convincing evidence, and penalties and remedies can stack.

Sponsors & Cosponsors

Sponsor

  • Janet Ellis

    Democrat • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 375 • No: 112

Senate vote 4/14/2025

Do Pass

Yes: 45 • No: 3

Senate vote 4/12/2025

Do Pass

Yes: 50 • No: 0

Senate vote 4/9/2025

Do Concur

Yes: 80 • No: 17

Senate vote 4/8/2025

Do Concur

Yes: 78 • No: 19

Senate vote 4/8/2025

AMD-SB0025.003.002 Schubert DO PASS

Yes: 46 • No: 51

Senate vote 3/6/2025

Do Pass

Yes: 38 • No: 11

Senate vote 3/6/2025

Do Pass

Yes: 38 • No: 11

Actions Timeline

  1. Chapter Number Assigned

    5/13/2025Senate
  2. Signed by Governor

    5/8/2025Senate
  3. Transmitted to Governor

    5/1/2025Senate
  4. Signed by Speaker

    5/1/2025House
  5. Signed by President

    4/22/2025Senate
  6. Returned from Enrolling

    4/16/2025Senate
  7. Sent to Enrolling

    4/15/2025Senate
  8. 3rd Reading Passed as Amended by House

    4/14/2025Senate
  9. 2nd Reading House Amendments Concurred

    4/12/2025Senate
  10. Returned to Senate with Amendments

    4/9/2025House
  11. 3rd Reading Concurred

    4/9/2025House
  12. 2nd Reading Concurred

    4/8/2025House
  13. 2nd Reading Motion to Amend Failed

    4/8/2025House
  14. Committee Report--Bill Concurred as Amended

    4/3/2025House
  15. Committee Executive Action--Bill Concurred as Amended

    4/3/2025House
  16. Hearing

    3/18/2025House
  17. First Reading

    3/17/2025House
  18. Referred to Committee

    3/17/2025House
  19. Transmitted to House

    3/7/2025Senate
  20. 3rd Reading Passed

    3/6/2025Senate
  21. 2nd Reading Passed

    3/6/2025Senate
  22. Committee Report--Bill Passed as Amended

    3/1/2025Senate
  23. Committee Executive Action--Bill Passed as Amended

    2/28/2025Senate
  24. Hearing

    1/18/2025Senate
  25. Referred to Committee

    1/7/2025Senate

Bill Text

  • Enrolled

    4/15/2025

  • As Amended (Version 3)

    4/3/2025

  • As Amended (Version 2)

    3/5/2025

  • Introduced

    12/10/2024

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