The League of Women Voters is suing those involved in robocalls sent to New Hampshire voters

CONCORD, N.H. — The League of Women Voters filed a lawsuit Thursday seeking to prevent those who sent robocalls simulating President Joe Biden’s vote to New Hampshire voters from using artificial intelligence to carry out future deceptions.

The lawsuit was filed in federal court in New Hampshire against Steve Kramer, the political consultant behind the call, and two Texas companies that authorities believe were involved in relaying it: Lingo Telecom and Life Corporation. Citing violations of both state and federal law, a judge is being asked to impose fines and ban the defendants from producing and distributing AI-generated robocalls without the consent of those being impersonated.

At issue is a message sent to thousands of New Hampshire voters on January 21, in a voice similar to Biden’s, falsely suggesting that voting in the state’s first presidential primary two days later would barring the casting of ballots in November. Kramer, who paid a magician and self-described “digital nomad” who provides technology consulting $150 to make the recording, has said he orchestrated the call to publicize the potential dangers of artificial intelligence and spur action from lawmakers.

Attorneys representing the plaintiffs in the lawsuit said Thursday they will challenge that “self-serving” statement.

“Regardless of the motivation, the intention here was to suppress the vote and threaten and coerce voters not to vote for fear that they would lose their right to vote. That’s why we’re bringing this case,” said Mark Herring, a former attorney general in Virginia.

A spokesperson for Kramer declined to comment on the lawsuit, saying his attorneys had not yet received it. Lingo Telecom and Life Corporation did not immediately respond to messages seeking comment.

Advanced generative AI tools, such as vote cloning software and image generators, are already being used in elections in the US and around the world, raising concerns about the rapid spread of disinformation.

Bipartisan efforts in Congress have attempted to regulate AI in political campaigns, but no federal legislation has been passed.

Since the robocalls in New Hampshire, however, the FCC has banned robocalls containing votes generated by artificial intelligence, and major tech companies have signed a pact to voluntarily take safeguards to prevent AI tools from being used to disrupt elections.

The potential for such disruption means the League of Women Voters and other civil society organizations will change course, said Courtney Hostetler of Free Speech for People, who is serving as co-lead counsel for the plaintiffs.

“The League of Women Voters is now devoting its scarce resources to confronting this new threat, at the expense of all the other people they would otherwise encourage to vote, educate them, help them become register, help them know their rights,” she said.

Celina Stewart, chief counsel for the League of Women Voters, was in New Hampshire for the primaries and said the calls created unnecessary chaos.

“Should the league or election workers who already often work 12 to 16 hours a day to administer the election have the burden of overcoming the obstacle of a robo-call?” she said. “The answer to that has to be a hard no.”

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Associated Press writer Ali Swenson in Washington contributed to this report.