Andrew G. Woodson

While this November’s election is over, many organizations remain politically active in between the general election and the time that newly elected and re-elected officials take office. In fact, many individuals and organizations will donate to inaugural events and transition teams during this period and contribute toward campaign debt retirement. Each of these options presents a variety of compliance risks at the federal, state, and local levels, but proper knowledge and due diligence will reduce these risks.

The federal rules for electioneering communications kick in on September 6, 2024, and run through Election Day. These rules could affect your grassroots lobbying during this 60-day period if your ads are on radio or television and your organization spends $10,000 in the aggregate in a calendar year on such ads. Nonprofits running electioneering communications also may have to disclose certain donors on 24-hour reports.

On July 25, 2024, the Federal Communications Commission (FCC or Commission) released a Notice of Proposed Rulemaking (NPRM) that proposes rules to require all radio and television broadcast stations that air political ads to disclose on-air if there is “AI-generated content” in the ad. This NPRM release follows Chairwoman Jessica Rosenworcel’s announcement on May 22, 2024, that she had circulated a draft Notice of Proposed Rulemaking on this matter.

On May 22, 2024, Federal Communications Commission (FCC or Commission) Chairwoman Jessica Rosenworcel announced that she had circulated a draft notice of proposed rulemaking (NPRM) to her colleagues on the use of artificial intelligence (AI) in political ads for TV and radio. While the NPRM’s text is not yet public, if adopted, the NPRM would reportedly seek public comment on whether broadcasters and programming entities must inform consumers when AI tools are used to generate political ads.

While its full potential is still untapped, artificial intelligence (AI) is poised to play a greater role during the 2024 elections and future grassroots advocacy efforts.

As super PACs, candidates, and nonprofits increasingly turn to AI for more effective campaigning, understanding how to use this technology is crucial. In this 90-second video, Wiley's Andrew Woodson outlines three essential guidelines to ensure your AI strategies are both impactful and compliant with evolving laws.

With the 2024 election in full swing, political actors are using artificial intelligence in unprecedented ways. Join us as we explore the transformative potential of AI in shaping electoral strategies while learning about how to manage the legal risks inherent in its use

As the tide turns toward another election cycle, the explosion of artificial intelligence (AI) raises alarms in the campaign space. Wiley Election Law partner Caleb Burns moderates a discussion with fellow Election Law partner Andrew Woodson; Privacy, Cyber & Data Governance partners Duane Pozza and Kat Scott; and Intellectual Property partner David Weslow on how best to navigate this new “AI Wild West.” Hear about required disclosures related to chatbots, laws prohibiting deepfakes, clarifications on “fair use” in the copyright world, differences between for-profits and nonprofits in state privacy laws, and even potential upcoming rulemaking from the Federal Election Commission itself.