A.R.S. tit. 16 ch. 7 — Arizona Revised Statutes Title 16 Chapter 7 — Penal Provisions

16-1001. Applicability of penal provisions The provisions of this title defining crimes involving elections and crimes against the elective franchise, and prescribing penalties therefor, apply to any general, primary or special election or to any election called by a board of supervisors for any purpose for which the board is authorized by law to call an election. 16-1002. Counterfeiting or distributing unlawful ballots; classification A person who counterfeits a ballot, or who circulates or gives to another a counterfeit ballot, knowing at the time that the ballot has not been issued pursuant to the election laws of the state, is guilty of a class 5 felony. 16-1003. False endorsement, knowing destruction or delay in delivery of ballot; classification A person who knowingly forges or falsely makes the official endorsement of a ballot, knowingly destroys or defaces a ballot, or knowingly delays the delivery of a ballot, is guilty of a class 3 misdemeanor. 16-1004. Interference with or corruption of election officer; interference with voting equipment; violation; classification A. A person who at any election knowingly interferes in any manner with an officer of such election in the discharge of the officer's duty, or who induces an officer of an election or officer whose duty it is to ascertain, announce or declare the result of such election, to violate or refuse to comply with the officer's duty or any law regulating the election, is guilty of a class 5 felony. B. A person who knowingly modifies the software, hardware or source code for voting equipment without receiving approval or certification pursuant to section 16-442 is guilty of a class 5 felony. C. A person who knowingly impersonates any election official, including an election board member or other poll worker or a challenger or party representative designated pursuant to section 16-590, is guilty of a class 6 felony. 16-1005. Ballot abuse; violation; classification A. Any person who knowingly marks a voted or unvoted ballot or ballot envelope with the intent to fix an election for that person's own benefit or for that of another person is guilty of a class 5 felony. B. It is unlawful to offer or provide any consideration to acquire a voted or unvoted early ballot. A person who violates this subsection is guilty of a class 5 felony. C. It is unlawful to receive or agree to receive any consideration in exchange for a voted or unvoted ballot. A person who violates this subsection is guilty of a class 5 felony. D. It is unlawful to possess a voted or unvoted ballot with the intent to sell the voted or unvoted ballot of another person. A person who violates this subsection is guilty of a class 5 felony. E. A person or entity that knowingly solicits the collection of voted or unvoted ballots by misrepresenting itself as an election official or as an official ballot repository or is found to be serving as a ballot drop off site, other than those established and staffed by election officials, is guilty of a class 5 felony. F. A person who knowingly collects voted or unvoted ballots and who does not turn those ballots in to an election official, the United States postal service or any other entity permitted by law to transmit post is guilty of a class 5 felony. G. A person who engages or participates in a pattern of ballot fraud is guilty of a class 4 felony. For the purposes of this subsection, "pattern of ballot fraud" means the person has offered or provided any consideration to three or more persons to acquire the voted or unvoted ballot of a person. H. A person who knowingly collects voted or unvoted early ballots from another person is guilty of a class 6 felony. An election official, a United States postal service worker or any other person who is allowed by law to transmit United States mail is deemed not to have collected an early ballot if the official, worker or other person is engaged in official duties. I. Subsection H of this section does not apply to: 1. An election held by a special taxing district formed pursuant to title 48 for the purpose of protecting or providing services to agricultural lands or crops and that is authorized to conduct elections pursuant to title 48. 2. A family member, household member or caregiver of the voter. For the purposes of this paragraph: (a) "Caregiver" means a person who provides medical or health care assistance to the voter in a residence, nursing care institution, hospice facility, assisted living center, assisted living facility, assisted living home, residential care institution, adult day health care facility or adult foster care home. (b) "Collects" means to gain possession or control of an early ballot. (c) "Family member" means a person who is related to the voter by blood, marriage, adoption or legal guardianship. (d) "Household member" means a person who resides at the same residence as the voter. 16-1006. Changing vote of elector by corrupt means or inducement; classification A. It is unlawful for a person knowingly by force, threats, menaces, bribery or any corrupt means, either directly or indirectly: 1. To attempt to influence an elector in casting his vote or to deter him from casting his vote. 2. To attempt to awe, restrain, hinder or disturb an elector in the free exercise of the right of suffrage. 3. To defraud an elector by deceiving and causing him to vote for a different person for an office or for a different measure than he intended or desired to vote for. B. A person who violates any provision of this section is guilty of a class 5 felony. 16-1007. Election officer ascertaining or disclosing elector's vote; classification An officer of an election, unless lawfully assisting a voter, is guilty of a class 2 misdemeanor, who knowingly: 1. Previous to the closing of the polls, attempts to find out for whom the elector has voted. 2. Opens or permits the folded ballot of an elector which has been delivered to the election official to be opened or examined previous to depositing it in the ballot box. 3. Makes or places a mark or device on a folded ballot with the intent to ascertain for whom any elector has voted. 4. Without consent of the elector, discloses the name of any person whom the election official has fraudulently or illegally discovered to have been voted for by the elector. 16-1008. Election officer changing vote of elector by menace or reward; classification An officer of an election who, while acting as such, knowingly induces an elector, either by menace, reward or promise thereof, to vote differently than the elector intended or desired to vote, is guilty of a class 2 misdemeanor. 16-1009. Failure or refusal to perform duty by election officer; classification A public officer upon whom a duty is imposed by this title, who knowingly fails or refuses to perform that duty in the manner prescribed by law, is guilty of a class 3 misdemeanor. 16-1010. Refusal by election officer to perform duty; violation of election law; classification A person charged with performance of any duty under any law relating to elections who knowingly refuses to perform such duty, or who, in his official capacity, knowingly acts in violation of any provision of such law, is guilty of a class 6 felony unless a different punishment for such act or omission is prescribed by law. 16-1011. Counterfeiting election returns; violation; classification A. A person who knowingly forges or counterfeits returns of an election purporting to have been held at a precinct or place where no election was in fact held, or who knowingly substitutes, forges or counterfeits returns of election instead of the true returns for a precinct or place where an election was actually held, is guilty of a class 3 felony. B. A person who knowingly substitutes, forges, counterfeits or tampers with ballot tabulations or totals or election results by electronic means or through the use of a computer, machine or other device is guilty of a class 3 felony. This subsection does not apply to the casting or tallying of ballots as provided by law or to the substitution or duplication of ballots as prescribed by sections 16-573, 16-574 and 16-621. C. Notwithstanding sections 13-907 and 13-908, a person who is convicted under this section shall not be automatically restored the right to vote. 16-1012. Intimidation of elector by employer; classification A. It is unlawful for an employer knowingly: 1. In paying employees the salary or wages due them, to enclose their pay in envelopes upon which there is written or printed any political mottoes, devices or arguments, containing threats, express or implied, intended or calculated to influence the political opinions, views or actions of the employees. 2. Within ninety days of an election provided by law, to put up or otherwise exhibit in any place where his employees are working or are present in the course of employment a handbill, notice or placard containing a threat, notice or information that if any particular ticket or candidate is elected or defeated work in his place or establishment will cease in whole or in part, or his establishment will be closed, or the wages of his workmen will be reduced, or other threats, express or implied, intended or calculated to influence the political opinions or actions of his employees. B. An employer, whether acting in his individual capacity or as an officer or agent of a corporation, who violates a provision of this section is guilty of a class 1 misdemeanor. 16-1013. Coercion or intimidation of elector; classification A. It is unlawful for a person knowingly: 1. Directly or indirectly, to make use of force, violence or restraint, or to inflict or threaten infliction, by himself or through any other person, of any injury, damage, harm or loss, or in any manner to practice intimidation upon or against any person, in order to induce or compel such person to vote or refrain from voting for a particular person or measure at any election provided by law, or on account of such person having voted or refrained from voting at an election. 2. By abduction, duress or any forcible or fraudulent device or contrivance whatever, to impede, prevent or otherwise interfere with the free exercise of the elective franchise of any voter, or to compel, induce or to prevail upon a voter either to cast or refrain from casting his vote at an election, or to cast or refrain from casting his vote for any particular person or measure at an election. B. A person, whether acting in his individual capacity or as an officer or agent of a corporation, who violates a provision of this section is guilty of a class 1 misdemeanor. 16-1014. Corruption of electors; classification A. It is unlawful for a person, directly or indirectly, by himself or through any other person knowingly: 1. To treat, give, pay, loan, contribute, offer or promise money or other valuable consideration, or to give, offer or promise an office, place or employment, or to promise or to procure or endeavor to procure an office, place or employment, to or for a voter, or to or for any other person, to induce the voter to vote or refrain from voting at an election for any particular person or measure, or to induce the voter to go to the polls, or remain away from the polls at an election, or on account of the voter having voted or refrained from voting for any particular person or measure, or having gone to the polls or remained away from the polls at an election. 2. To advance or pay or cause to be paid, money or other valuable consideration to or for the use of any other person with the intent that it, or any part thereof, be used for bribery at any election provided by law, or to knowingly pay or cause to be paid money or other valuable thing to any person in discharge or repayment of money, wholly or in part expended for bribery at any election. 3. To receive, agree or contract for, before, during or after an election provided by law, money, gifts, loans or other valuable consideration, office, place or employment for himself or other person, for voting or agreeing to vote, or for going or agreeing to go to the polls, or for refraining or agreeing to refrain from voting for a particular person or measure, or for inducing any person to vote or refrain from voting, or to vote or refrain from voting for a particular person or measure at an election. B. A person violating any provision of this section is guilty of a class 2 misdemeanor. 16-1015. Election wagers; classification A person who, before or during an election provided by law, knowingly makes, offers or accepts a bet or wager, or takes a share or interest in, or in any manner becomes a party to the bet or wager, or provides or agrees to provide money to be used by another in making the bet or wager, upon any contingency whatever arising out of such election, is guilty of a class 2 misdemeanor. 16-1016. Illegal voting; pollution of ballot box; removal or destruction of ballot box, poll lists or ballots; violation; classification A person is guilty of a class 5 felony who: 1. Not being entitled to vote, knowingly votes. 2. Knowingly votes more than once at any election. 3. Knowingly votes in two or more jurisdictions in this state for which residency is required for lawful voting and the person is not a resident of all jurisdictions in which the person voted. For the purposes of this paragraph, a person has only one residence for the purpose of voting. 4. Knowingly votes in this state in an election in which a federal office appears on the ballot and votes in another state in an election in which a federal office appears on the ballot and the election day for both states is the same date. 5. Knowingly gives to an election official two or more ballots folded together. 6. Knowingly changes or destroys a ballot after it has been deposited in the ballot box. 7. Knowingly adds a ballot to those legally cast at any election, by fraudulently introducing the ballot into the ballot box either before or after the ballots in the ballot box have been counted. 8. Knowingly adds to or mixes with ballots lawfully cast, other ballots, while they are being canvassed or counted, with intent to affect the result of the election, or to exhibit the ballots as evidence on the trial of an election contest. 9. Knowingly and unlawfully carries away, conceals or removes a poll list, ballot or ballot box from the polling place, or from possession of the person authorized by law to have custody thereof. 10. Knowingly destroys a polling list, ballot or ballot box with the intent to interrupt or invalidate the election. 11. Knowingly detains, alters, mutilates or destroys ballots or election returns. 12. Knowingly provides a mechanism for voting to another person who is registered in another state, including by forwarding an early ballot addressed to the other person. 16-1017. Unlawful acts by voters with respect to voting; classification A voter who knowingly commits any of the following acts is guilty of a class 2 misdemeanor: 1. Makes a false statement as to the voter's inability to mark a ballot. 2. Interferes with a voter within the seventy-five foot limit of the polling place as posted by the election marshal or within seventy-five feet of the main outside entrance to an on-site early voting location established by a county recorder pursuant to section 16-542, subsection A. 3. Endeavors while within the seventy-five foot limit for a polling place or on-site early voting location to induce a voter to vote for or against a particular candidate or issue. 4. Prior to the close of an election defaces or destroys a sample ballot posted by election officers, or defaces, tears down, removes or destroys a card of instructions posted for the instruction of voters. 5. Removes or destroys supplies or conveniences furnished to enable a voter to prepare the voter's ballot. 6. Hinders the voting of others. 7. Votes in a county in which the voter no longer resides, except as provided in section 16-125. 16-1018. Additional unlawful acts by persons with respect to voting; classification A person who commits any of the following acts is guilty of a class 2 misdemeanor: 1. Knowingly electioneers on election day within a polling place or in a public manner within seventy-five feet of the main outside entrance of a polling place or on-site early voting location established by a county recorder pursuant to section 16-542, subsection A. 2. Intentionally disables or removes from the polling place, on-site early voting location or custody of an election official a voting machine or a voting record. 3. Knowingly removes an official ballot from a polling place before closing the polls. 4. Shows another voter's ballot to any person after it is prepared for voting in such a manner as to reveal the contents, except to an authorized person lawfully assisting the voter. A voter who makes available an image of the voter's own ballot by posting on the internet or in some other electronic medium is deemed to have consented to retransmittal of that image and that retransmittal does not constitute a violation of this section. 5. Knowingly solicits a voter to show the voter's ballot, or receives from a voter a ballot prepared for voting, unless the person is an election official or unless otherwise authorized by law. 6. Knowingly receives an official ballot from a person other than an election official having charge of the ballots. 7. Knowingly delivers an official ballot to a voter, unless the voter is an election official. 8. Except for a completed ballot transmitted by an elector by fax or other electronic format pursuant to section 16-543, knowingly places a mark on the voter's ballot by which it can be identified as the one voted by the voter. 9. After having received a ballot as a voter, knowingly fails to return the ballot to the election official before leaving the polling place or on-site early voting location. 16-1019. Political signs; printed materials; tampering; violation; classification; definitions A. It is a class 2 misdemeanor for any person to knowingly remove, alter, deface or cover any political sign of any candidate for public office or in support of or opposition to any ballot measure, question or issue or knowingly remove, alter or deface any political mailers, handouts, flyers or other printed materials of a candidate or in support of or opposition to any ballot measure, question or issue that are delivered by hand to a residence for the period commencing seventy-one days before an election and ending fifteen days after the election, except that for a sign for a candidate in a primary election who advances to the general election, the period ends fifteen days after the general election. For a sign that supports or opposes a ballot measure, question or issue, this subsection applies only for the election at which the ballot measure, question or issue is scheduled to appear on the ballot and for the period commencing seventy-one days before that election and ending fifteen days after that election. B. This section does not apply to the removal, alteration, defacing or covering of a political sign or other printed materials by the candidate or the authorized agent of the candidate in support of whose election the sign or materials were placed, by a person authorized by the committee in support of or opposition to a ballot measure, question or issue that provided the sign or printed materials, by the owner or authorized agent of the owner of private property on which such signs or printed materials are placed with or without permission of the owner or placed in violation of state law or county, city or town ordinance or regulation. C. Notwithstanding any other statute, ordinance or regulation, a city, town or county of this state shall not remove, alter, deface or cover any political sign if the following conditions are met: 1. The sign is placed in a public right-of-way that is owned or controlled by that jurisdiction. 2. The sign supports or opposes a candidate for public office or it supports or opposes a ballot measure, question or issue. 3. The sign is not placed in a location that is hazardous to public safety, obstructs clear vision in the area or interferes with the requirements of the Americans with disabilities act (42 United States Code sections 12101 through 12213 and 47 United States Code sections 225 and 611). 4. The sign has a maximum area of sixteen square feet, if the sign is located in an area zoned for residential use, or a maximum area of thirty-two square feet if the sign is located in any other area. 5. The sign contains the name and telephone number or website address of the candidate or campaign committee contact person. D. If the city, town or county deems that the placement of a political sign constitutes an emergency, the jurisdiction may immediately relocate the sign. The jurisdiction shall notify the candidate or campaign committee that placed the sign within twenty-four hours after the relocation. If a sign is placed in violation of subsection C of this section and the placement is not deemed to constitute an emergency, the city, town or county may notify the candidate or campaign committee that placed the sign of the violation. If the sign remains in violation at least twenty-four hours after the jurisdiction notified the candidate or campaign committee, the jurisdiction may remove the sign. The jurisdiction shall contact the candidate or campaign committee contact and shall retain the sign for at least ten business days to allow the candidate or campaign committee to retrieve the sign without penalty. E. A city, town or county employee acting within the scope of the employee's employment is not liable for an injury caused by the failure to remove a sign pursuant to subsection D of this section unless the employee intended to cause injury or was grossly negligent. F. Subsection C of this section does not apply to commercial tourism, commercial resort and hotel sign free zones as those zones are designated by municipalities. The total area of those zones shall not be larger than three square miles, and each zone shall be identified as a specific contiguous area where, by resolution of the municipal governing body, the municipality has determined that based on a predominance of commercial tourism, resort and hotel uses within the zone the placement of political signs within the rights-of-way in the zone will detract from the scenic and aesthetic appeal of the area within the zone and deter its appeal to tourists. Not more than two zones may be identified within a municipality. G. A city, town or county may prohibit the installation of a sign on any structure owned by the jurisdiction. H. Subsection C of this section applies only during the period commencing seventy-one days before an election and ending fifteen days after the election, except that for a sign for a candidate in a primary election who advances to the general election, the period ends fifteen days after the general election. For a sign that supports or opposes a ballot measure, question or issue, subsection C of this section applies only for the election at which the ballot measure, question or issue is scheduled to appear on the ballot and for the period commencing seventy-one days before that election and ending fifteen days after that election. I. This section does not apply to state highways or routes, or overpasses over those state highways or routes. J. For the purposes of this section: 1. "General election" means the general election as prescribed by section 16-211. 2. "Primary election" means an election that is held as prescribed by section 16-201. 16-1020. Signing of petitions; violation; classification A person knowingly signing any name other than his own to a nomination petition or a petition for formation, alteration or dissolution of a special district, except in a circumstance where he signs for a person, in the presence of and at the specific request of such person who is incapable of signing his own name because of physical infirmity, or knowingly signing his name more than once to a nomination petition or a petition for formation, alteration or dissolution of a special district, or who is not at the time of signing a qualified elector entitled to vote at the election initiated by the petition, is guilty of a class 1 misdemeanor. 16-1021. Enforcement by attorney general and county, city or town attorney In any election for state office, members of the legislature, justices of the supreme court, judges of the court of appeals or statewide initiative or referendum the attorney general may enforce the provisions of this title through civil and criminal actions. In any election for county, city or town office, community college district governing board, judge or a county, city or town initiative or referendum, the appropriate county, city or town attorney may enforce the provisions of this title through civil and criminal actions. In any special district election, the county attorney of any county in which the district or a portion of the district is located or the attorney general may enforce the laws governing such election. 16-1022. Campaign finance violations; classification A. It is unlawful for a corporation, limited liability company or labor organization to make a contribution to a candidate committee. A corporation, limited liability company or labor organization that violates this subsection is guilty of a class 2 misdemeanor. The individual through whom the violation is effected is guilty of a class 6 felony. This subsection does not apply to a committee that is incorporated or organized for limitation of liability. B. It is unlawful for any person to make a contribution in the name of another person, knowingly permit a person's name to be used to effect a contribution in the name of another person or knowingly accept a contribution made by a person in the name of another person. A person who violates this subsection is guilty of a class 6 felony. C. It is unlawful for any person to make a contribution or expenditure using money or anything of value secured by physical force, job discrimination or financial reprisal, including threats of any force, discrimination or reprisal. A person who violates this subsection is guilty of a class 6 felony. D. It is unlawful for any person to make a contribution or expenditure using dues, fees or other monies required as a condition of membership in a labor organization or as a condition of employment. A person who violates this subsection is guilty of a class 6 felony. 16-1023. Digital impersonation of candidate or other person; relief; applicability; definitions A. A candidate for public office or political party office who will appear on the ballot in this state or any citizen of this state may bring an action for digital impersonation within two years after the date that the person knows, or in the exercise of reasonable diligence should know, that a digital impersonation of the person who is bringing the action was published. The sole remedy on this cause of action is preliminary and permanent declaratory relief except as otherwise expressly provided by this section. To prevail on an action prescribed by this section, a plaintiff must prove all of the following: 1. That a digital impersonation of the person was published to one or more other persons without the person's consent. 2. That at the time of publication either of the following applies: (a) The publisher did not reasonably convey to the persons to whom the publication was made that the recording or image was a digital impersonation or that its authenticity was disputed. (b) It would not be obvious to a reasonable person that the recording or image was a digital impersonation. B. If the digital impersonation is or is part of a paid advertisement, a cause of action for digital impersonation may be brought only against the person or entity that originated, ordered, placed or paid for the advertisement. C. A provider of an interactive computer service may not be subject to an action for digital impersonation for publishing information that is provided by another information content provider. D. A person who brings an action for digital impersonation may file a complaint and a motion for preliminary declaratory relief in the superior court. The plaintiff shall make diligent efforts to both serve and provide prompt actual notice to all defendants. The publisher of the alleged digital impersonation has the right to appear, be heard and present evidence before the court's entry of preliminary declaratory relief, but a defendant's failure to appear does not preclude a court from granting preliminary declaratory relief. E. The court shall rule on the motion for preliminary declaratory relief within two days after the date that the complaint and motion are received by the judicial officer who is assigned to the case, excluding Saturdays, Sundays and court holidays. Preliminary declaratory relief may be granted against a defendant who does not appear only if the plaintiff's complaint is verified and a declaration is filed that states why with the exercise of reasonable diligence the defendant could not be served. If the court grants preliminary declaratory relief against a defendant who does not appear, the order granting the relief must be filed promptly in the clerk's office and entered in the record and must state all of the following: 1. The date and hour the order was issued. 2. Why the order was issued without notice. 3. The date and hour the order expires. 4. Any additional information that the judicial officer believes is necessary or appropriate to effectuate the order. F. Preliminary declaratory relief may be granted only if the plaintiff proves the elements of digital impersonation prescribed by subsection A of this section and at least one of the following additional elements: 1. The person is a candidate for public office or political party office and an election is scheduled to be held for that public office or political party office within one hundred eighty days of the date that the relief is requested. 2. The digital impersonation depicts the person engaging in a sexual act or depicts the unclothed breasts, buttocks or genitals of the person. 3. The digital impersonation depicts the person engaging in a criminal act. 4. In the absence of preliminary declaratory relief, the person can be reasonably expected to suffer significant personal or financial hardship or loss of employment opportunities. 5. In the absence of preliminary declaratory relief, the person's reputation will be irreparably harmed. G. If the defendant does not appear and contest the claim and no other party intervenes as a defendant, the plaintiff is not entitled to taxable costs. H. If a defendant has not been served within ninety days after the date of filing and no party has appeared or intervened as a defendant in intervention, the claims against that defendant shall be dismissed and any preliminary relief that was granted shall expire unless the court finds that the interests of justice require otherwise. I. In addition to declaratory relief as prescribed in subsections A through F of this section, a plaintiff in an action for digital impersonation may obtain injunctive relief and damages only if the elements of digital impersonation prescribed in subsection A of this section and all of the following elements are proven: 1. The digital impersonation depicts the person engaging in a sexual act or depicts the unclothed breasts, buttocks or genitals of the person, appeals to prurient interests and offends local community standards. 2. The plaintiff was not a public figure, including a limited public figure, at the time the cause of action accrued. 3. The publication was made with actual knowledge that the recording or image was a digital impersonation or the publisher failed to take reasonable corrective action within twenty-one days after the publisher had actual knowledge that the recording or image was a digital impersonation. Reasonable corrective action includes removing or disabling access to the digital impersonation and publishing to the same audience a statement that the publication was a digital impersonation. J. If preliminary declaratory relief is granted, any factual or legal determinations made by the court shall not be considered by the trier of fact or the court at any later stage of the proceeding or in any other proceeding. K. The standard of proof for actions prescribed by this section is: 1. For preliminary declaratory relief, clear and convincing evidence. 2. For injunctive relief and damages, clear and convincing evidence. 3. For permanent declaratory relief, a preponderance of the evidence. L. A plaintiff who brings an action under this section may file a complaint in the superior court for the county in which the plaintiff resides or, if the plaintiff is a candidate for President of the United States, in Maricopa county or in any county in which one of the candidate's political party's appointees for elector resides. M. A parent or guardian of a minor child or incapacitated person may seek relief under this section on the minor child's or incapacitated person's behalf. N. This section shall be narrowly construed in favor of both free and open discourse on matters of public concern and artistic expression and shall not be construed so as to abrogate any cause of action otherwise available. O. All parties to a contested action seeking permanent declaratory relief, permanent injunctive relief or damages and that is brought pursuant to this section have the right to trial by jury. P. This section applies fourteen days after the effective date of this section. Q. For the purposes of this section: 1. "Digital impersonation" means synthetic media, typically video, audio or still image, that meets all of the following requirements: (a) Has been digitally manipulated to convincingly replace one person's likeness or voice with that of another using deep generative methods and artificial intelligence techniques, or for which one person's likeness or voice has otherwise been simulated using deep generative methods and artificial intelligence techniques. (b) Was created with the intention to deceive or lead reasonable listeners or viewers into believing that the content is authentic. (c) Would lead reasonable viewers or listeners to believe that it is a true and accurate depiction of the impersonated person's voice or likeness and is something the impersonated person said or did. (d) Is not commentary, parody, satire, criticism or artistic expression. (e) Was not created by the impersonated person or with the impersonated person's consent. 2. "Election" means any election in this state, including a primary, presidential preference, special or general election. 3. "Information content provider" means any person or entity that is responsible, in whole or in part, for the creation or development of information provided through the internet or any other interactive computer service. 4. "Interactive computer service" means any information service, system or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the internet and such systems operated or services offered by libraries or educational institutions. 5. "Political party office" means an office to which persons are elected within a political party. 6. "Public office": (a) Means any office to which persons are elected by ballot at an election administered by this state or a political subdivision of this state. (b) Includes the office of President of the United States where a candidate's name or a candidate's political party appointees for elector will appear on the ballot in this state. 16-1024. Deepfakes; candidates; exemptions; civil liability; definitions A. Within ninety days before an election at which a candidate for elected office will appear on the ballot, a person that acts as a creator shall not create and distribute a synthetic media message that the person knows is a deceptive and fraudulent deepfake of that candidate who is on that ballot unless the synthetic media message includes a clear and conspicuous disclosure that conveys to a reasonable person that the media includes content generated by artificial intelligence. B. This section does not apply to: 1. Media that constitutes satire or parody. 2. An interactive computer service as defined in 47 United States Code section 230. C. A person who fails to make the disclosure required under this section is liable for the civil penalty prescribed by section 16-937, subsection B, for each day that they distribute the deceptive and fraudulent deepfake without such disclosure. D. For the purposes of this section: 1. "Creator": (a) Means any person that uses artificial intelligence or other digital technology to generate synthetic media. (b) Does not include the provider of any technology used in the creation of synthetic media. 2. "Deceptive and fraudulent deepfake" means synthetic media that depicts a candidate with knowledge of its falsity and the intent to injure the reputation of the candidate and that is intentionally calculated to mislead a reasonable person into concluding that a real individual said or did something that they did not say or do in reality. 3. "Synthetic media" means an image, audio recording or video recording of an individual's appearance, speech or conduct that has been created or intentionally manipulated with the use of digital technology in a manner to create a realistic but false image, audio or video.