S. 4774

119 S4774 IS: Fraudulent Artificial Intelligence Regulations (FAIR) Elections Act of 2026
 U.S. Senate
 2026-06-11
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 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
 II  119th CONGRESS  2d Session  S. 4774  IN THE SENATE OF THE UNITED STATES   June 11, 2026   Mr. Merkley  (for himself,  Mr. Padilla ,  Ms. Hirono ,  Mr. Whitehouse , and  Mr. Welch ) introduced the following bill; which was read twice and referred to the  Committee on Rules and Administration    A BILL
To prohibit the distribution of false AI-generated election media, to amend the National Voter Registration Act of 1993 to prohibit the removal of names from voting rolls using unverified voter challenge databases, and for other purposes.
1.
Short title
This Act may be cited as the   Fraudulent Artificial Intelligence Regulations (FAIR) Elections Act of 2026  .
2.
Prohibition on false AI-generated election media
(a)
Definitions
In this section:
(1)
Applicable Federal election
The term  applicable Federal election  means any general, primary, runoff, or special election held solely or in part for the purpose of nominating or electing a candidate for the office of President, Vice President, Presidential elector, Member of the Senate, Member of the House of Representatives, or Delegate or Commissioner from a Territory or possession.
(2)
Election official
The term  election official  means any individual legally authorized to perform duties in connection with an applicable Federal election, including workers, volunteers, poll workers, and authorized poll observers.
(3)
False AI-generated election media
The term  false AI-generated election media  means text, image, audio, or video that—
(A)
is the product of a computational process that uses machine learning, natural language processing, artificial intelligence techniques, or other computational processing techniques of similar or greater complexity; and
(B)
either—
(i)
contains materially false information relating to—
(I)
the time, place, or manner of holding any applicable Federal election; or
(II)
the qualifications for or restrictions on voter eligibility for any such election; or
(ii)
falsely depicts an election official.
(b)
Prohibition
Except as provided in subsection (c), a person may not—
(1)
knowingly distribute false AI-generated election media described in subsection (a)(3)(B)(i) if such person—
(A)
knows such media contains materially false information described in such subsection; and
(B)
has the purpose of impeding or preventing another person from exercising the right to vote in an applicable Federal election; or
(2)
knowingly distribute false AI-generated election media described in subsection (a)(3)(B)(ii) if such person—
(A)
knows the depiction of the election official in such media is materially false; and
(B)
has the intent to—
(i)
intimidate or harass an election official; or
(ii)
deter another person from exercising the right to vote in an applicable Federal election.
(c)
Inapplicability to certain entities
This section shall not apply to the following:
(1)
A radio or television broadcasting station, a cable or satellite television operator, programmer, or producer, or a streaming service that broadcasts false AI-generated election media prohibited by this section as part of a bona fide newscast, news interview, news documentary, or on-the-spot coverage of bona fide news events, if the broadcast clearly acknowledges through content or a disclosure, in a manner that can be easily heard or read by the average listener or viewer, that the information contained in the media and described in subsection (a)(3)(B) is false.
(2)
A regularly published newspaper, magazine, or other periodical of general circulation, including an internet or electronic publication, that routinely carries news and commentary of general interest, and that publishes false AI-generated election media prohibited under this section, if the publication clearly states that the information contained in the media and described in subsection (a)(3)(B) is false.
(d)
Enforcement
The Attorney General may bring a civil action against any person who violates subsection (b) in an appropriate United States District Court for such declaratory and injunctive relief (including a temporary restraining order, a permanent or temporary injunction, or other order).
3.
Prohibition on removal of names from voting rolls using unverified voter challenge databases
(a)
In general
The National Voter Registration Act of 1993 ( 52 U.S.C. 20501 et seq. ) is amended by inserting after section 8 the following new section:
8A.
Restrictions on removal of voters from official lists of voters
(a)
In general
A State may not remove the name of any registrant from the official list of voters eligible to vote in elections for Federal office or take any action with respect to a voter eligibility challenge unless the registrant or voter is determined to be ineligible to vote based on—
(1)
source information received from governmental entities and obtained by such entities in the course of carrying out official actions or duties; and
(2)
source information approved by the Attorney General as sufficient to protect the integrity and completeness of voter registration lists.
(b)
Approval of voter information data
(1)
In general
The Attorney General, in consultation with the Director of the National Institute of Standards and Technology and the members of the Election Assistance Commission, may approve source information under subsection (a)(2) if such information meets the following requirements:
(A)
The source information contains qualifying data sets that allow the State to match the individual identified by the source information with an individual on the official list of voters eligible to vote in elections for Federal office.
(B)
The source information is updated not less than monthly.
(C)
The source information was not obtained in violation of section 1030 of title 18, United States Code (commonly known as the  Computer Fraud and Abuse Act ).
(2)
Qualifying data sets
For purposes of paragraph (1)(A), the term  qualifying data sets  means the following sets of data with respect to an individual:
(A)
Last name, first name, and full social security number.
(B)
Last name, first name, and driver’s license or other unique identifying number assigned by the State.
(C)
Last name, first name, last four digits of a social security number, and date of birth.
(D)
Last name, full social security number, and date of birth.
(c)
Coordination with other methods
Nothing in this section be construed to preclude—
(1)
the removal of names from official lists of voters on a basis described in paragraph (3)(A), (3)(B), or (4)(A) of section 8(a);
(2)
the removal of names from official lists of voters on a basis described in section 8(c); or
(3)
correction of registration records pursuant to this Act.
 .
(b)
Conforming amendments
Section 8(a) of such Act ( 52 U.S.C. 20507(a) ) is amended—
(1)
in paragraph (3), by striking  provide  and inserting  subject to section 8A, provide ; and
(2)
in paragraph (4), by striking  conduct  and inserting  subject to section 8A, conduct .
4.
Private right of action against Federal government for use of Federal data in determining eligibility to vote
(a)
In general
The Federal Government shall not compare any information held by the Federal Government with respect to an individual against information held by a State or local government with respect to such person for purpose of eligibility to vote in elections for Federal office.
(b)
Private right of action
A person who is aggrieved by a violation of this section may bring a civil action in an appropriate district court for such declaratory or injunctive relief as may be necessary to carry out this section.
5.
GAO study and report
(a)
Study
(1)
In general
The Comptroller General of the United States shall conduct a study on the effect of the use of Federal databases, including the Systematic Alien Verification for Entitlements ( SAVE ) system of the Department of Homeland Security, for purposes of removing the names of individuals from the official list of eligible voters in elections for Federal office.
(2)
Matters studied
The study conducted under paragraph (1) shall study—
(A)
whether such uses suppresses the right to vote;
(B)
the accuracy of the process for identifying individuals who are not eligible to vote in elections for Federal office; and
(C)
the number of instances in which such processes have incorrectly removed an eligible individual from the official list of eligible voters in each State.
(b)
Report
Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Rules and Administration of the Senate and the Committee on House Administration of the House of Representatives the results of the study conducted under subsection (a).
6.
Severability
If any provision of this Act, or an amendment made by this Act, or the application of such provision to any person or circumstance, is held to be invalid, the remainder of this Act, or an amendment made by this Act, or the application of such provision to other persons or circumstances, shall not be affected.