S.Amdt. 4680

SA 4680. Mr. MERKLEY submitted an amendment intended to be proposed
by him to the bill S. 1383, to establish the Veterans Advisory
Committee on Equal Access, and for other purposes; which was ordered to
lie on the table; as follows:

In lieu of the matter proposed to be inserted, insert the
following:

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Fraudulent Artificial
Intelligence Regulations (FAIR) Elections Act of 2026''.

SEC. 2. PROHIBITION ON FALSE AI-GENERATED ELECTION MEDIA.

(a) Definitions.--In this section:

[[Page S1389]]

(1) Applicable federal election.--The term ``applicable
Federal election'' means any general, primary, runoff, or
special election held solely or in part for the purpose of
nominating or electing a candidate for the office of
President, Vice President, Presidential elector, Member of
the Senate, Member of the House of Representatives, or
Delegate or Commissioner from a Territory or possession.
(2) Election official.--The term ``election official''
means any individual legally authorized to perform duties in
connection with an applicable Federal election, including
workers, volunteers, poll workers, and authorized poll
observers.
(3) False ai-generated election media.--The term ``false
AI-generated election media'' means text. image, audio, or
video that--
(A) is the product of a computational process that uses
machine learning, natural language processing, artificial
intelligence techniques, or other computational processing
techniques of similar or greater complexity; and
(B) either--
(i) contains materially false information relating to--

(I) the time, place, or manner of holding any applicable
Federal election; or
(II) the qualifications for or restrictions on voter
eligibility for any such election; or

(ii) falsely depicts an election official.
(b) Prohibition.--Except as provided in subsection (c), a
person may not--
(1) knowingly distribute false AI-generated election media
described in subsection (a)(3)(B)(i) if such person--
(A) knows such media contains materially false information
described in such subsection; and
(B) has the purpose of impeding or preventing another
person from exercising the right to vote in an applicable
Federal election; or
(2) knowingly distribute false AI-generated election media
described in subsection (a)(3)(B)(ii) if such person--
(A) knows the depiction of the election official in such
media is materially false; and
(B) has the intent to--
(i) intimidate or harass an election official; or
(ii) deter another person from exercising the right to vote
in an applicable Federal election.
(c) Inapplicability to Certain Entities.--This section
shall not apply to the following:
(1) A radio or television broadcasting station, a cable or
satellite television operator, programmer, or producer, or a
streaming service that broadcasts false AI-generated election
media prohibited by this section as part of a bona fide
newscast, news interview, news documentary, or on-the-spot
coverage of bona fide news events, if the broadcast clearly
acknowledges through content or a disclosure, in a manner
that can be easily heard or read by the average listener or
viewer, that the information contained in the media and
described in subsection (a)(2)(B) is false.
(2) A regularly published newspaper, magazine, or other
periodical of general circulation, including an internet or
electronic publication, that routinely carries news and
commentary of general interest, and that publishes false AI-
generated election media prohibited under this section, if
the publication clearly states that the information contained
in the media and described in subsection (a)(2)(B) is false.
(d) Enforcement.--The Attorney General may bring a civil
action against any person who violates subsection (b) in an
appropriate United States District Court for such declaratory
and injunctive relief (including a temporary restraining
order, a permanent or temporary injunction, or other order).

SEC. 3. PROHIBITION ON REMOVAL OF NAMES FROM VOTING ROLLS
USING UNVERIFIED VOTER CHALLENGE DATABASES.

(a) In General.--The National Voter Registration Act of
1993 (52 U.S.C. 20501 et seq.) is amended by inserting after
section 8 the following new section:

``SEC. 8A. RESTRICTIONS ON REMOVAL OF VOTERS FROM OFFICIAL
LISTS OF VOTERS.

``(a) In General.--A State may not remove the name of any
registrant from the official list of voters eligible to vote
in elections for Federal office or take any action with
respect to a voter eligibility challenge unless the
registrant or voter is determined to be ineligible to vote
based on--
``(1) source information received from governmental
entities and obtained by such entities in the course of
carrying out official actions or duties; and
``(2) source information approved by the Attorney General
as sufficient to protect the integrity and completeness of
voter registration lists.
``(b) Approval of Voter Information Data.--
``(1) In general.--The Attorney General, in consultation
with the Director of the National Institute of Standards and
Technology and the members of the Election Assistance
Commission, may approve source information under subsection
(a)(3) if such information meets the following requirements:
``(A) The source information contains qualifying data sets
that allow the State match the individual identified by the
source information with an individual on the official list of
voters eligible to vote in elections for Federal office.
``(B) The source information is updated not less than a
monthly.
``(C) The source information was not obtained in violation
of section 1030 of title 18, United States Code (commonly
known as the `Computer Fraud and Abuse Act').
``(2) Qualifying data sets.--For purposes of paragraph
(1)(A), the term `qualifying data sets' means the following
sets of data with respect to an individual:
``(A) Last name, first name, and full social security
number.
``(B) Last name, first name, and driver's license or other
unique identifying number assigned by the State.
``(C) Last name, first name, last four digits of a social
security number, and date of birth.
``(D) Last name, full social security number, and date of
birth.
``(c) Coordination With Other Methods.--Nothing in this
section be construed to preclude--
``(1) the removal of names from official lists of voters on
a basis described in paragraph (3) (A) or (B) or (4)(A) of
section 8(a);
``(2) the removal of names from official lists of voters on
a basis described in section 8(c); or
``(3) correction of registration records pursuant to this
Act.''.
(b) Conforming Amendments.--Section 8(a) of such Act (52
U.S.C. 20507(a)) is amended--
(1) in paragraph (3), by striking ``provide'' and inserting
``subject to section 8A, provide''; and
(2) in paragraph (4), by striking ``conduct'' and inserting
``subject to section 8A, conduct''.

SEC. 4. SEVERABILITY.

If any provision of this Act, or an amendment made by this
Act, or the application of such provision to any person or
circumstance, is held to be invalid, the remainder of this
Act, or an amendment made by this Act, or the application of
such provision to other persons or circumstances, shall not
be affected.
______