Rep. Derrick Van Orden (R-Wis.) received a cease-and-desist letter on Wednesday regarding an AI-generated video that falsely attributed statements to his Democratic opponent, Rebecca Cooke. The letter, sent by Cooke's attorneys, cited a pattern of misleading AI-generated videos that attribute positions to Cooke which her campaign says she rejects.
The legal action targets a specific August post on X by Van Orden. The video features an AI-generated Cooke stating she wants to "take advantage of as much corruption as possible and give every illegal alien free healthcare." Cooke's team asserts she never made these comments. Van Orden's team did not respond to a request for comment from Axios. In public response, Van Orden posted an AI-generated video of a duck wearing a Democratic Socialists of America T-shirt yelling "cease and desist."
This dispute is part of a broader trend in the current election cycle, where candidates and elected officials face legal complaints over the use of AI deepfakes. While some campaigns have deployed hyperrealistic advertisements, others have used more cartoonish imagery that candidates describe as parody. Congress has not yet established a federal standard governing these tools, leaving regulation to state and local levels.
According to the National Conference of State Legislatures, approximately 31 states regulate political deepfakes. At least 28 of these states require disclosures for AI-generated content. State laws vary significantly in their scope and enforcement mechanisms, creating a fragmented legal environment for political advertising.
In Texas, Lt. Gov. Dan Patrick (R) faced a criminal complaint in September from his Democratic opponent, state Rep. Vikki Goodwin, under Texas' deepfake election law. The law prohibits airing AI ads within 30 days of an election if the intent is to influence the outcome. Goodwin argues this window should include the 30 days before early voting begins. Patrick's campaign used AI to create attack ads showing Goodwin at a football stadium in a shirt labeled "taxes" rather than "Texas." The campaign subsequently took down the videos, with a spokesperson describing the content as "obvious parody."
Similar legal actions have occurred in other states. In August, North Carolina state Sen. Michael Lee (R) was issued a cease-and-desist letter by his Democratic challenger, Jessica Bichler, over his use of AI-generated ads. North Carolina currently has no laws prohibiting the use of AI in campaign advertisements.
Political experts indicate that AI deepfakes erode trust in the political system by making it difficult for voters to verify candidate positions. Cailin O'Connor, a UC Irvine epistemologist, told Axios that these ads can remain effective even when viewers know they are fake. The proliferation of such content may also compound existing declines in American trust in federal government institutions and news media.
As targeted candidates turn to courts, law enforcement, and warning letters to address gaps in federal regulation, these legal challenges represent an emerging front in the oversight of digital political campaigning.