Ranking Member Morelle: Department of Justice Should Investigate Robocall Targeting New Hampshire Voters

Letter

Date: Jan. 22, 2024
Location: Washington, D.C.
Issues: Elections

Dear Attorney General Garland:
Thank you for the work you have done to safeguard the right to vote and to protect our election
infrastructure against the ongoing and destabilizing barrage of election-related mis- and disinformation. I am deeply concerned, however, about the potential subversive effects that
artificial intelligence (“AI”) generated content may have—indeed, is already having—on our
elections. In particular, I am alarmed at the report that a party or parties unknown are attempting
to confuse and disenfranchise New Hampshire voters using AI-generated robocalls in advance of
the January 23, 2024, New Hampshire primary election.
To ensure that those responsible are held accountable, and in the hopes of preventing the spread
AI-generated mis- and disinformation in future elections, I respectfully request that the United
States Department of Justice begin investigating this matter immediately.
According to the New Hampshire Department of Justice (“NHDOJ”), voters in New Hampshire
received an AI-generated audio message that imitated the voice of President Biden and urged
voters not to participate in the upcoming election. NHDOJ determined that this inaccurate
message appeared to be “an unlawful attempt to disrupt the New Hampshire Presidential Primary
Election and to suppress New Hampshire voters.” This clear bid to interfere in the New Hampshire
primary demands a thorough investigation and a forceful response from federal officials to deter
further AI-based attacks that will disrupt American democracy and disenfranchise American
voters.
The oaths we swore to protect and defend the Constitution require us to use every tool at our
disposal to shield the sanctity of our elections. If Congress can strengthen law enforcement’s ability to detect and prevent AI-based attempts to subvert our elections, we look forward to working with you to identify and achieve any meaningful and well-defined standards to protect our democracy.
Thank you for your thoughtful attention to, and investigation of, this matter.


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