Politics
Colorado weighs first complaint over AI election parody targeting state senator
The secretary of state’s Elections Division is sending a campaign-finance complaint over an AI-generated video of Sen. Cathy Kipp to a hearing. Kipp says the video lacked a legally required disclosure; its creator, the Independence Institute, argues it is protected satire.
Colorado’s Elections Division is moving toward a hearing on a complaint over an AI-generated campaign video depicting state Sen. Cathy Kipp, a dispute that could test how the state’s deepfake disclosure law applies to political satire.
Kipp, a Democrat from Fort Collins, filed the complaint in August. She alleges the video shows an AI-created version of her refusing to give a grocery-store customer their change and pocketing the money, while arguing that it should go to education. The video criticizes Proposition NN, a ballot measure tied to the state’s Taxpayer’s Bill of Rights, or TABOR, refunds.
The video acknowledges near its end that it was made with AI and carries the Independence Institute’s logo, but Kipp says it does not include the clear and conspicuous disclaimer required by law. The Independence Institute, a public policy group that produced the video, says the work is satire and does not need a disclosure under a parody exemption.
The 2024 law, House Bill 24-1147, sets disclosure requirements for certain AI-generated videos about candidates and allows civil penalties for violations. In its response to the complaint, the institute argued that a reasonable viewer would recognize the video as parody and that it is protected by the First Amendment. Its president, Jon Caldara, said government officials are fair subjects for satire.
Kipp said it was “disturbing and wrong” to use an AI-generated video of someone without their consent. She warned against normalizing AI misuse and false information in elections. The Elections Division said deepfakes can impersonate public officials and make it harder for voters to find trustworthy information about candidates and ballot issues.
Proposition NN would allow the state to retain and spend some or all revenue that otherwise would be refunded under TABOR. The measure estimates that about $4.6 billion would go to public education over its first 10 years. The proposed change to the revenue limit would be permanent, while lawmakers would decide how to use revenue after that decade.
Kipp was one of two prime sponsors of the legislative referral that put the proposal before voters, alongside Sen. Jeff Bridges, a Democrat from Greenwood Village. Kipp is not seeking reelection in 2026. The Elections Division has not announced an outcome in the complaint; the hearing will be the first campaign-finance complaint in Colorado focused on the use of a deepfake, according to the complaint’s account.