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Bill

AB 271

Revises provisions relating to elections. (BDR 24-138)

2025 Regular Session Introduced by Rich DeLong and 3 co-sponsors

AB 271 would ban AI in voting equipment, require AI disclosure in AI-generated political content, and prohibit near-election deepfake materials of candidates.

(Pursuant to Joint Standing Rule No. 14.3.1, no further action allowed.)
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Bill Summary · AB 271

AB 271 — Summary (As Introduced Feb 20, 2025)

Status: Introduced Jan 21, 2025; Referred to Committee on Legislative Operations and Elections. Set hearings were canceled at the author's request and, per Joint Standing Rule No. 14.3.1, no further action is allowed (bill did not advance).

Purpose / Intent

AB 271 seeks to address the use of artificial intelligence and synthetic media in the context of elections. Its stated goals are to: (1) prohibit AI in voting/ballot equipment, (2) require disclosure when AI is used to produce political advocacy content or when candidate imagery has been materially manipulated, and (3) restrict distribution of deceptive “deepfake” synthetic media of candidates close to an election.

Key provisions

  • Definitions

    • “Artificial intelligence” — a machine-based system that can make predictions, recommendations, or decisions for human-defined objectives.
    • “Ballot marking device” — a device that lets a voter mark a paper ballot subsequently counted by an electronic tabulator.

  • Prohibition on AI in election equipment (new section in Chapter 293B NRS)

    • Any equipment used for voting, ballot processing, or ballot counting (e.g., tabulators, ballot marking devices, signature-checking electronic devices, voting machines) must not use artificial intelligence.

  • Disclosure requirements for political advocacy

    • Any published material that expressly advocates for/against a candidate or ballot question and is generated using AI must include the disclosure: "This communication was generated using artificial intelligence."
    • Willful violation is a misdemeanor.

  • Disclosure for materially deceptive depictions

    • Any published advocacy material that includes a materially deceptive depiction of a candidate must bear: "This material has been manipulated to include a materially deceptive depiction of a candidate."
    • “Materially deceptive depiction” is defined to include manipulated images that change appearance or depict acts that did not occur, and alterations to image qualities (e.g., saturation, color).
    • Willful violation is a misdemeanor.

  • Deepfake distribution prohibition (timing + exceptions)

    • Within 90 days before an election at which the candidate appears on the ballot, a person may not distribute synthetic media they know or should know contains a “deceptive and fraudulent deepfake” of that candidate.
    • Exceptions include: clear disclaimers identifying the deepfake; bona fide news organizations broadcasting with context; routinely published news outlets that include a disclosure; satire/parody entertainment; and certain service providers (interactive computer service providers, cloud or internet service providers).
    • Affected candidates may seek injunctions or equitable relief in district court.
    • Violations are misdemeanors.

  • Enforcement / penalties

    • Criminal enforcement: willful violations of disclosure provisions and the deepfake distribution prohibition are misdemeanors (subject to criminal penalties under state law).
    • Civil remedy: injunctive relief available to candidates depicted in deceptive deepfakes.

Who would be affected

  • Election technology vendors and counties (must ensure equipment contains no AI features).
  • Political campaigns, PACs, social media publishers, and content creators (new disclosure and conduct obligations).
  • Media organizations (exemptions exist for bona fide news reporting, with requirements to indicate authenticity concerns).
  • Candidates (gain new injunctive remedy; protected from deceptive deepfakes within 90 days of an election).
  • Law enforcement and courts (new misdemeanor enforcement and civil injunctions).

Fiscal / procedural notes

  • The bill text includes a fiscal note indicating potential effects on local government and the state; misdemeanors can carry jail time, so implementation/enforcement could have local and state fiscal impacts.
  • Legislative action: set hearings were canceled; on 2025-04-12 the file indicates no further action is permitted under the cited joint rule (effectively halting progress this session).

Observations / potential impacts

  • Compliance costs for election vendors and publishers to certify absence of AI or to add disclosures.
  • Enforcement challenges: proving knowledge/intent (“knows or should know”) and determining what qualifies as “materially deceptive.”
  • Balancing transparency goals with free speech and press considerations; statutory exemptions for news and parody attempt to address this.

(Prepared from the bill text as introduced and legislative activity records.)

Compiled from official sources — confirm details with the bill’s official record.

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