S. 4774

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4774 Introduced in Senate (IS)]

<DOC>

119th CONGRESS
2d Session
S. 4774

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.

_______________________________________________________________________

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.

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Fraudulent Artificial Intelligence 
Regulations (FAIR) Elections Act of 2026''.

SEC. 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).

SEC. 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:

``SEC. 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''.

SEC. 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.

SEC. 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).

SEC. 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.
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