OKLAHOMA CITY –
The Oklahoma Ethics Commission discussed on Thursday how Maryland is addressing artificial intelligence in elections, as Oklahoma considers potential AI disclosure rules for political campaigns.
Looking At Other States’ Approaches
“We wanted to give commissioners more information as we explore potential rules on artificial intelligence disclosures in campaigns,” said Lee Ann Bruce Boone, Executive Director of the Oklahoma Ethics Commission. “Maryland’s approach provides an example of how another state is addressing AI-generated content in elections, and it highlights the distinction between what could fall under the Ethics Commission’s authority versus what would require legislative action.”
Maryland Takes A Different Approach
Unlike campaign finance disclosure laws, Maryland’s 2025 Senate Bill 361 expands election fraud laws to cover deepfakes and synthetic media used to fraudulently influence voters.
The law defines synthetic media and places enforcement under Maryland’s election and criminal statutes.
Fraud-Based Enforcement
Commission staff noted Maryland’s law requires proof of fraudulent intent and an effort to influence voters.
That differs from Oklahoma ethics rules, which generally do not require intent and instead focus on whether a rule violation occurred.
Potential Two-Track Approach For Oklahoma
The Ethics Commission said Oklahoma could eventually pursue a two-track system.
“The Ethics Commission could focus on transparency and disclosure requirements, while the Legislature could decide whether to prohibit certain conduct involving deepfakes and establish penalties,” Boone said. “It’s important to understand the difference between what falls within the commission’s jurisdiction and what is within the purview of the Legislature,” said Lee Ann Bruce Boone.
Under that framework, the Legislature could determine whether certain AI-generated election content should be considered election fraud or a criminal offense, while the Ethics Commission could focus on campaign transparency and disclosure requirements.
Ethics Commission Focuses On Transparency
Commission staff outlined options that could fall within the Ethics Commission’s authority, including requiring campaigns to disclose when advertisements or campaign materials are generated or materially altered using AI.
Those disclosures could apply to television ads, mailers, text messages and other campaign communications.
Legislature Would Control Criminal Penalties
Staff emphasized that decisions involving bans on deepfakes, criminal penalties or civil enforcement would be up to the Oklahoma Legislature.
Those measures would be aimed at protecting election integrity rather than campaign transparency.
Legal Questions Remain
According to commission staff, Maryland’s law has not yet been challenged in court, meaning there is little legal precedent showing how similar laws could hold up if contested.
Officials said the discussion highlights the distinction between what may be handled through Ethics Commission rules and what would require legislative action.
