(HB2479)

GOVERNOR'S VETO

Pursuant to Article V, Section 6 of the Constitution of Virginia, I veto House Bill 2479, which establishes disclosure requirements for electioneering communications containing synthetic media and assigns enforcement responsibilities to the State Board of Elections.

Ensuring transparency in political communications is a worthy objective, particularly as artificial intelligence continues to evolve. However, this legislation imposes an impractical enforcement structure that lacks clear, workable mechanisms and raises significant constitutional and logistical concerns.

The bill requires the State Board of Elections and ELECT to determine whether electioneering materials contain synthetic media and whether the required disclosures have been properly applied. Unlike traditional campaign finance and advertising regulations, these determinations involve highly technical assessments that the agency is not equipped to handle. Further, identifying the sponsors of AI-generated communications—especially in a rapidly evolving digital landscape—would be extraordinarily difficult, limiting the bill’s effectiveness.

Additionally, the bill allows recipients of electioneering communications to seek injunctive relief, which could result in politically motivated legal actions and inconsistent enforcement. The potential for increased litigation, coupled with the lack of clarity regarding enforcement, creates unnecessary burdens on both regulators and political participants.

Other states have sought to regulate AI-generated political content, but this bill’s broad and vague approach lacks the precision necessary to ensure fair and enforceable application. The constitutional concerns surrounding political speech, combined with the significant administrative challenges this bill presents, make it an unworkable solution.

Accordingly, I veto this bill.