PolicyBrief
S. 2912
119th CongressSep 18th 2025
Deceptive Practices and Voter Intimidation Prevention Act of 2025
IN COMMITTEE

This Act prohibits the spread of materially false information and the use of deceptive AI within 60 days of a federal election, while also criminalizing intentional voter intimidation and interference with vote tabulation.

Angela Alsobrooks
D

Angela Alsobrooks

Senator

MD

LEGISLATION

New Federal Bill Criminalizes Election Lies and AI Deception Within 60 Days of a Vote

The Deceptive Practices and Voter Intimidation Prevention Act of 2025 is a major federal attempt to tackle modern voter suppression, specifically targeting misinformation, intimidation, and the use of artificial intelligence near election day. Starting 60 days before any federal election (President, Senate, or House), it becomes illegal to knowingly spread materially false information about the time, place, manner, or rules of voting if the intent is to stop someone from casting a ballot. This isn't just about general political mudslinging; it’s focused on intentional lies designed to suppress turnout, like telling people the wrong polling location or claiming they can vote by text message.

The 60-Day Countdown and the AI Ban

This 60-day window is the critical zone. During this time, the bill specifically bans the use of Artificial Intelligence (AI)—including generative AI systems that create new text, images, or audio—if the intent is to create false information to suppress voting. Think deepfakes or AI-generated robocalls with convincing fake voices telling people to vote on the wrong day. This is the bill’s direct response to how easily digital tools can be weaponized to target specific communities with tailored lies. For the average person, this means that if you are active in political messaging, especially using new tech, you need to be absolutely certain your information is accurate when the election countdown starts. The law also creates new criminal penalties—up to a year in prison—for these deceptive acts, which is a serious escalation from current law.

New Power for the Feds and the AG

One of the most significant changes is the new authority granted to the Attorney General (AG). If state or local officials are slow to correct widespread, damaging false information about an election, the AG can now step in and issue a public correction. This is a powerful new federal mechanism designed to stop misinformation campaigns in their tracks, but it raises questions about federal control over local election information. The AG must publish written procedures within 180 days detailing exactly when and how they will use this power, ensuring the information they release is “completely accurate and objective”—a standard that will be heavily scrutinized.

Giving People and Officials the Right to Sue

Beyond criminal penalties, the bill creates new civil rights of action. If you are targeted by these deceptive practices, you can now sue the perpetrator in federal court to get an injunction to stop the activity, and potentially have the losing party cover your attorney’s fees. Furthermore, the bill empowers election officials—the folks running your polling place or counting the ballots—to sue people who are intimidating voters or election workers. This is designed to give officials on the ground a direct legal tool to maintain order and protect the integrity of the process, which is especially relevant given the bill also criminalizes intimidation against those involved in ballot tabulation and certification.

The Tightrope Walk: Protection vs. Free Speech

While the goal of stopping voter suppression is clearly beneficial, the bill walks a fine line on protected speech. Criminalizing the spread of “materially false information” within 60 days of an election, even with the intent to suppress voting, could potentially chill political speech. For example, aggressive, negative campaigning that harshly criticizes election security or procedures could be scrutinized under this new law. The vagueness of what constitutes “materially false” will likely be tested in court. This means that while the bill protects voters from malicious lies, it also forces political actors—and even highly engaged citizens—to exercise extreme caution regarding any claims made about election processes in the final two months before a federal vote.