Use of Deep Fake Technology to Influence an Election
MN Election Deepfake Law
Artificial intelligence
Makes it a crime to knowingly or recklessly disseminate a realistic deep fake of a person without consent, with intent to injure a candidate or influence an election, within 90 days before a party nominating convention or after absentee voting begins. The Eighth Circuit affirmed the denial of a preliminary injunction in Kohls v. Ellison on February 9, 2026, so the law remains enforceable while the challenge continues.
- Where
- Minnesota
- Citation
- Minn. Stat. 609.771
- Status
- In force
- In force since
- 2023-08-01
- Enforced by
- Criminal prosecution; injunctive relief actions by the Attorney General, county or city attorneys, the depicted individual, or an injured candidate (609.771, subds. 3-4)
- People can sue
- Limited
- Penalties
- Up to 90 days and $1,000; up to 364 days and $3,000 if intended to cause violence or bodily harm; up to five years and $10,000 for a repeat offense within five years. Convicted state or local candidates forfeit the nomination or office and are disqualified from appointment (subd. 3). Depicted individuals and injured candidates may seek injunctive relief only (subd. 4).
- Applies to
- Any person who disseminates, or contracts to disseminate, an election deep fake (609.771, subd. 2)
- Broadcasters and cable systems are exempt when federal law requires them to air a candidate-produced deep fake (subd. 2(b))
Practices it requires
- Do not disseminate, or contract to disseminate, a deep fake without the depicted person's consent with intent to injure a candidate or influence an election during the covered pre-convention or absentee-voting windows, when knowing or reckless as to its falsity.Minn. Stat. 609.771, subd. 2
Sources
- Official text
- Minn. Stat. 609.771, 2025 Minnesota Statutes (Office of the Revisor of Statutes)
- Laws 2023, ch. 58 (effective August 1, 2023)
- Kohls v. Ellison (8th Cir. Feb. 9, 2026), CourtListener
Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.
Unverified: The Eighth Circuit ruling details come from search results summarizing the opinion (CourtListener/FindLaw/Volokh); the opinion text itself was not fetched. A separate challenge by X Corp. was not checked. | Effective date of the 2024 amendments (Laws 2024, ch. 112, art. 2, ss. 76-78) not confirmed, so last_amended is left null.
Research reference, not legal advice.