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# Montana Judge Limits AI Election-Ad Law Before November
- URL: https://www.theamericanquorum.com/state-news-montana-2026-09-22-a/
- Published: 2026-09-22T15:26:37.000Z
- Updated: 2026-09-22T15:26:37.000Z
- Description: A federal judge has barred Montana from enforcing its new AI election-ad law against one political group, finding that the statute likely discriminates based on whether synthetic content helps or harms a candidate.
- Author: News Desk
- Tags: Politics, Montana

A federal judge has temporarily barred Montana officials from enforcing the state’s new artificial-intelligence election-ad law against a conservative political group, finding that the statute likely discriminates based on whether synthetic content helps or harms a candidate.

U.S. District Judge Susan Watters issued the [court order](https://fingfx.thomsonreuters.com/gfx/legaldocs/xmpjwkrxxvr/09172026montana.pdf?ref=theamericanquorum.com) on Sept. 16 in favor of Accountability in State Government and former Republican lawmaker Dan Bartel. The preliminary injunction prevents state prosecutors and the Commissioner of Political Practices from investigating or prosecuting the plaintiffs under Senate Bill 25 while the case proceeds.

The ruling is narrower than a statewide suspension. Watters declined to halt enforcement against everyone, concluding that relief limited to the named plaintiffs was sufficient under recent U.S. Supreme Court restrictions on universal injunctions. Other campaigns and political committees therefore remain subject to the statute unless a court grants them separate relief.

Montana’s [enacted bill](https://archive.legmt.gov/bills/2025/billpdf/SB0025.pdf?ref=theamericanquorum.com) regulates AI-generated or synthetic election material that falsely depicts a candidate or political party with an intent to damage a reputation or deceive voters. It provides a safe harbor for prominently labeled AI content and contains an exception for satire.

The dispute arose after candidates filed administrative complaints over mailers distributed by Bartel’s group. According to [Reuters](https://www.reuters.com/legal/government/us-judge-blocks-montana-enforcing-deepfake-election-ads-law-against-conservative-2026-09-17/?ref=theamericanquorum.com), the mailers combined authentic photographs with realistic AI-generated images, including depictions of candidates holding pride flags and wearing preferred-pronoun pins.

The political-practices commissioner later dismissed those complaints under the satire exception. The plaintiffs nevertheless argued that planned advertisements before the Nov. 3 election could trigger additional complaints, preserving an immediate risk of enforcement.

Watters concluded that the law likely imposed viewpoint discrimination because identical deceptive techniques could be treated differently depending on whether the message elevated or damaged a candidate. Her decision addressed the plaintiffs’ likelihood of success at the preliminary stage; it did not issue a final judgment striking down the statute.

The Montana Attorney General’s Office said it was disappointed and was reviewing possible next steps. A spokesperson argued that voters should be told when candidates are depicted through manipulated images, audio or video. The plaintiffs’ lawyers described the injunction as a defense of political speech and fair elections, according to the Reuters [report](https://www.reuters.com/legal/government/us-judge-blocks-montana-enforcing-deepfake-election-ads-law-against-conservative-2026-09-17/?ref=theamericanquorum.com).

Debate over the measure began during the 2025 Legislature, when supporters described it as a preventive response to rapidly improving synthetic media. Early [state coverage](https://www.ktvq.com/news/montana-politics/conversations-begin-on-government-use-of-ai-at-montana-legislature?ref=theamericanquorum.com) noted that sponsors had not identified prior Montana election deepfakes but wanted disclosure rules in place before the technology became a larger problem.

The case leaves Montana with a split system ahead of the general election: the law remains available against most speakers, but not against the plaintiffs. Further court action or an appeal could change that boundary before voting concludes, and the underlying constitutional dispute remains unresolved for now.