2023 House Bill 5141 / Public Act 263

Campaign finance: advertising; using artificial intelligence in certain political advertisements; require disclosure.

An act to amend 1976 PA 388, entitled “An act to regulate political activity; to regulate campaign financing; to restrict campaign contributions and expenditures; to require campaign statements and reports; to regulate anonymous contributions; to regulate campaign advertising and literature; to provide for segregated funds for political purposes; to provide for the use of public funds for political purposes; to create certain funds; to provide for reversion, retention, or refunding of unexpended balances in certain funds; to require other statements and reports; to regulate acceptance of certain gifts, payments, and reimbursements; to prescribe the powers and duties of certain state departments and state and local officials and employees; to provide appropriations; to prescribe penalties and provide remedies; and to repeal certain acts and parts of acts,” by amending section 47 (MCL 169.247), as amended by 2015 PA 269, and by adding section 59.

AI Analysis – Experimental

Mandates that any printed matter or advertisements related to elections, candidates, or ballot questions must include the name and address of the person or entity funding them. If the material is an independent expenditure not authorized by the candidate's committee, it must contain a specific disclaimer. The act also introduces requirements for radio and television advertisements, including a new stipulation for communications generated wholly or substantially by artificial intelligence to include a disclaimer stating so, which must be clearly audible and intelligible, lasting at least 3 seconds, and in the same language as the communication.

Introduced in the House

Oct. 12, 2023

Introduced by Rep. Penelope Tsernoglou (D-75) and 32 co-sponsors

Co-sponsored by Reps. Carrie Rheingans (D-47), Natalie Price (D-5), Jennifer Conlin (D-48), Ranjeev Puri (D-24), Veronica Paiz (D-11), Kara Hope (D-74), Jasper Martus (D-69), Julie Brixie (D-73), Matt Bierlein (R-97), Julie Rogers (D-41), Helena Scott (D-7), Joey Andrews (D-38), Mike McFall (D-8), Felicia Brabec (D-33), Christine Morse (D-40), Jim Haadsma (D-44), Jimmie Wilson (D-32), Emily Dievendorf (D-77), Jason Morgan (D-23), Joseph Aragona (R-60), Rachel Hood (D-81), Phil Skaggs (D-80), Erin Byrnes (D-15), Samantha Steckloff (D-19), Tyrone Carter (D-1), Sharon MacDonell (D-56), Jason Hoskins (D-18), Brenda Carter (D-53), Amos O’Neal (D-94), Cynthia Neeley (D-70), Nate Shannon (D-58) and Alabas Farhat (D-3)

Referred to the Committee on Elections

Oct. 17, 2023

Reported without amendment

Oct. 31, 2023

Substitute H-2 offered by Rep. Penelope Tsernoglou (D-75)

The substitute passed by voice vote

Nov. 1, 2023

Amendment offered by Rep. Matt Bierlein (R-97)

1. Amend page 6, line 20, by striking out all of subdivision (a) and relettering the remaining subdivisions.

The amendment passed by voice vote

Passed in the House 59 to 51 (details)

Motion to give immediate effect by Rep. Jimmie Wilson (D-32)

The motion prevailed by voice vote

Received in the Senate

Nov. 2, 2023

Referred to the Committee on Elections and Ethics

Nov. 8, 2023

Reported with substitute S-1

Nov. 9, 2023

Referred to the Committee of the Whole

Reported with substitute S-1

1. Amend page 4, line 15, by inserting “originally”.

2. Amend page 6, following line 23, by inserting:

“(e) A business or its affiliate if the business or its affiliate is regulated by the Michigan public service commission or the Federal Communications Commission.”.

Substitute S-1 concurred in by voice vote

Passed in the Senate 20 to 16 (details)

Received in the House

Nov. 9, 2023

Substitute S-1 concurred in 60 to 46 (details)

Signed by Gov. Gretchen Whitmer

Dec. 1, 2023