Committee pauses vote on bill requiring disclosure of synthetic media in elections

The Government Operations & Military Affairs committee paused consideration of S.20, a bill that would require disclosure when synthetic or manipulated media is used to influence an election during the 90 days before a contest, after members debated constitutional risk, enforcement mechanisms and litigation underway in other states.

Committee members said the subject is already affecting campaigns and voters and that early action may be needed, while others urged caution given pending or recent legal challenges in other states. Legislative Counsel advised the committee the bill’s current draft incorporates language adapted from other states and includes edits intended to respond to judicial concerns.

"Those changes were made to address some of what the courts have said. Can't make it perfect, but that was my attempt to say, look. We're trying to be as careful as we can," said Legislative Counsel, Office of Legislative Council, explaining edits in draft 3.2. The counsel also told members enforcement would rely on the Attorney General’s office: a member of the public or a campaign could alert the AG and "they can decline to take a look at it," and added that an individual candidate could seek an injunction under the bill.

Members discussed enforcement logistics. Legislative Counsel said a third party who sees a synthetic ad could notify the AG’s office or a state's attorney, but "they may not have the resources, and they may decide not to." Committee members noted that existing social platforms and some alternative platforms do not have consistent moderation policies, increasing the potential for harmful content to spread.

Several members cited litigation in other states as a reason for caution. Legislative Counsel summarized the national picture as follows: about six states have passed similar disclosure laws, several have been challenged in court, and in those contests a court could issue an injunction that would stay implementation. "It could take six months. It could take two years," the counsel said when asked how long litigation might take to resolve.

Lawmakers differed on timing and scope. Some members said the measure is narrowly tailored to election influence — limited to deliberate attempts to change the outcome during a pre‑election period — and emphasized the bill would not ban deepfakes outright. Others raised first amendment concerns and said the committee should refine language to reduce constitutional vulnerability before voting.

Members also discussed a drafting detail that assigns venue for civil investigations when a defendant is nonresident; Legislative Counsel said that language was taken from an existing statute that references Washington County as the default county for nonresidents. The draft does not require a platform disclaimer identical to California’s law, a difference counsel noted.

After extended discussion, the committee agreed to pause final action until the next committee meeting to allow the reporter and clerk to be present and to give members additional time to propose technical edits. The committee chair said staff would circulate draft 3.2 and that the item will be calendared for the next meeting.

What was discussed: whether to move now knowing other states face litigation; how enforcement would work (AG office investigatory role, candidate injunctive relief); the draft’s 90‑day pre‑election disclosure window; Washington County venue language for nonresidents; and differences between Vermont’s draft and other states’ laws.

What was decided: no formal vote; the committee postponed final action and will revisit S.20 next week with draft 3.2 in hand.

Details that remain unresolved include whether edits in 3.2 are constitutionally sufficient, what enforcement resources the AG would commit, and whether further testimony is needed from litigating states or constitutional law experts.

Ending — Next steps: The committee asked staff to circulate the current draft and scheduled further consideration for the following week when the reporter and clerk are available.