Wisconsin Law Gap Allows AI Ads in Federal Race
U.S. Representative Derrick Van Orden used AI-generated content against an opponent, highlighting a legal loophole in Wisconsin's state disclosure laws for federal officials.
A legal loophole in Wisconsin's AI disclosure laws has allowed Derrick Van Orden, a U.S. Representative, to use AI-generated social media content featuring his Democratic opponent, Rebecca Cooke. While Wisconsin is one of 31 states requiring disclosure for AI-generated audio or video in political ads, the state law does not apply to federal elected officials or members of Congress. In response to the content, Cooke issued a cease-and-desist letter to Van Orden.
National data indicates a surge in AI-driven campaigning, with the Wesleyan Media Project reporting at least $80 million spent on AI political advertisements as of September 2026. An analysis of 164 AI-driven ads found that 80% originated from Republicans or Republican-leaning groups, and 69% of those ads failed to disclose the use of AI.
Public sentiment remains skeptical of the technology. A Marquette University Law School poll found that 65% of Wisconsin residents view AI as a negative influence on society. Nationally, a Scripps News and Talker Research poll of 1,000 registered voters revealed that 40% of respondents have been fooled by AI-generated political ads this season, while 30% expressed uncertainty about the authenticity of ads they encountered. The survey showed broad bipartisan support for regulation, with 79% of Republicans and 77% of Democrats favoring rules on AI in politics.
