Minnesota Political PAC Airs Ad Allegedly Containing AI Deepfake of Candidate
Minnesota U.S. Senate candidate Lt. Gov. Peggy Flanagan alleged that a political action committee supporting her primary opponent aired an attack ad containing an AI-generated deepfake image of her. The incident raised questions about enforcement of Minnesota's 2023 law banning election deepfakes, though the PAC denied the allegations and no formal complaint or investigation has been initiated.
What happened
North Star Dawn, a political action committee supporting Congresswoman Angie Craig in Minnesota's DFL Senate primary race, aired a television attack ad against Lt. Gov. Peggy Flanagan containing what Flanagan claimed was an AI-generated deepfake image of her appearing to accept corporate donations.
The ad shows an apparently altered image of Flanagan putting her hand out for corporate donations while stating 'Before running for Senate, Peggy Flanagan raised a staggering amount from corporate special interests.' A spokesperson for the PAC denied Flanagan's allegations are baseless.
Reported impact
Flanagan stated in a campaign statement: 'Today, you might see a TV ad starring something that kind of looks like me. My opponent's super PAC is using an AI deepfake of me to mislead voters. They can't win with the truth – so they're resorting to lies. It's disgusting. Minnesotans deserve better.'
The campaign said it has spoken to legal counsel about options, adding that 'Using AI-generated content to misinform voters is wrong, and it makes it harder for voters to know what's real and what's not.'
Index analysis
Minnesota has a law passed during the 2023-2024 legislative session that bans deepfakes in political advertising within 90 days before a nominating convention or after the start of the absentee voting period before a primary or general election. The law defines a prohibited deepfake as content 'so realistic that a reasonable person would believe it depicts speech or conduct of an individual who did not in fact engage in such speech or conduct' and made without the depicted individual's consent with intent to injure a candidate or influence an election outcome.
Legal analyst David Schultz of Hamline University said the law could potentially be found unconstitutional, stating 'Ultimately, I think there's going to be a question here regarding whether or not there's a First Amendment violation.' Two challenges to the state law have been filed but remain tied up in court, including one by Elon Musk on behalf of X social media platform.
Governance controls
The Minnesota law allows the attorney general, county attorney, city attorney, or a candidate, campaign, or person injured by the deepfake to file for injunctive relief. Sen. Erin Maye Quade, the Senate author of the law in 2023, stated the law allows a wide range of people who can file a complaint.
No challenges have been filed regarding this specific ad. The North Star Dawn PAC stated it is 'not authorized by any candidate or candidate's committee.' A spokesperson for Craig said she does not support the use of AI in political ads.
Classification
Sources and evidence
Sources not yet published
This record was researched and written by the Index from original reporting. Its sources are still being verified by an editor, and they are listed here once that check is complete. Until then the record carries no reviewer.