In a recent move to safeguard the integrity of upcoming elections, Colorado's Attorney General Phil Weiser has raised concerns about the proliferation of so-called "deep fakes", sophisticated images, videos, and audio generated through artificial intelligence that mimics reality. According to KKTV, Weiser warned the public that these AI-created deepfakes are becoming ever more challenging to distinguish from genuine content and urged voters to be vigilant and scrutinous of the information they encounter. Weiser said, "Because images, videos, and audio created with artificial intelligence are becoming difficult to distinguish from the real thing, you should be cautious when forming opinions based on what you see and hear online, on TV, and receive in the mail," as per KKTV.

This concern led to legislative action earlier this year. Colorado lawmakers passed, and Governor Polis signed, HB24-1147 into law, imposing requirements for a clear disclaimer on AI-generated communications concerning candidates. As reported by KDVR, this disclaimer must be "clear and conspicuous," helping voters identify manipulated content in political advertisements. The law also factors in exemptions for parodies, and satires, and allows media organizations to discuss deepfakes within news stories provided that the artificial nature of the content is communicated plainly to consumers.

Colorado's approach to regulating AI-generated content within the political sphere has positioned the state as a crucial player in this emerging field. Axios Denver notes that the new legislation includes penalties for breaches, ranging from financial damages to criminal repercussions, a move that could set a precedent for other states grappling with similar technological concerns. As detailed by Axios Denver, the origins of the legislation, pinpointed a case where a state legislative candidate employed AI-generated images in a campaign newsletter, which, under the current law, would mandate a disclaimer.