The Overview
A California law signed in September lets a person depicted in materially deceptive election content seek a court order to stop it or sue for damages. California's Elections: deceptive media in advertisements, AB 502, became law when Gov. Gavin Newsom (D) signed it Sept. 19. NPR reported that 2024 brought a wave of election-related manipulated media, including a fake robocall using an AI-cloned voice of President Joe Biden to discourage New Hampshire Democrats from voting in the primary.
What the Law Does
The law tightens California's existing ban on distributing materially deceptive content in election communications, expanding it to cover content material to a voter's electoral decisions or to public confidence in an election's process or outcome, not just content likely to harm a candidate's reputation.
The prohibition runs from 30 days before an election through 38 days after it for content involving election officials and voting machines, and covers the 30 days before an election for content involving candidates for any federal, state, or local office.
Disclosures stating that content has been manipulated remain a valid exemption, but the law adds new requirements for the color and font size of that disclosure text; satire or parody a reasonable person would recognize is also exempt without a disclosure. The law also shifts who can go to court: only the individual depicted in the deceptive content may now seek an injunction or sue for damages, replacing the broader class of recipients who previously had that right.
Legislative Status
Asm. Gail Pellerin (D-CA-28) sponsored the bill as lead author, with Berman as cosponsor. The Assembly passed it 75-0 on April 24, 2025. The bill then stalled, ordered to the Senate's inactive file on Sept. 8, 2025, at the request of Senator Blakespear, and sat dormant for 290 days before being pulled back on June 25, 2026. The Senate passed it 30-9 on Aug. 25, 2026, and the Assembly concurred in Senate amendments 61-17 on Aug. 30.
Because the bill includes an urgency clause, it took effect immediately upon signing.
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