CONCORD, N.H. (AP) — A political consultant, Steven Kramer, is set to go on trial in New Hampshire for allegedly sending voters artificial intelligence-generated robocalls that impersonated former President Joe Biden. This case raises complex questions regarding its impact on the state’s political processes, particularly relating to whether the primary held on January 23, 2024, can be classified as significant.
Kramer is facing severe legal risks, including a potential sentence of several decades in prison if convicted on multiple counts of voter suppression and impersonation. He has acknowledged that he orchestrated automated messages sent to thousands of voters just two days before the primary, utilizing an AI voice that closely resembled Biden’s. The robocalls expressed sentiments such as "What a bunch of malarkey" and advised voters to refrain from participating in the primary election, insinuating that doing so would prevent them from casting ballots in the general election.
The key message delivered to voters was, "It’s important that you save your vote for the November election. Your votes make a difference in November, not this Tuesday.” Kramer, who runs a firm focused on get-out-the-vote initiatives, contended that his actions were a form of warning about the perils associated with AI technology rather than an effort to influence election outcomes. He had engaged a New Orleans magician and self-described “digital nomad” for $150 to create the AI-generated recording.
Kramer remarked earlier this year, “Maybe I'm a villain today, but I think in the end we get a better country and better democracy because of what I've done, deliberately.” As his trial approaches, the legal proceedings have taken an interesting turn concerning the status of the New Hampshire primary, which was a subject of contention after the Democratic National Committee (DNC) removed the state from its traditional early position in the nomination calendar.
Despite the DNC's maneuver, Kramer allegedly viewed the primary as insignificant since it wasn't officially sanctioned. The DNC had initially threatened to prevent New Hampshire’s national convention delegates from being seated but ultimately backed off. Biden didn’t campaign in New Hampshire and wasn’t on the ballot, yet he emerged victorious as a write-in candidate. State prosecutors have attempted to block Kramer from claiming that the primary was merely a straw poll. However, Judge Elizabeth Leonard permitted evidence regarding the DNC’s actions, deeming it integral to understanding Kramer’s motive.
Prosecutors were successful in securing a ruling that the court would recognize the January 23 primary as a legitimate election under state law. Jurors will learn that this designation is factual but are not required to accept it. Kramer is facing a total of 22 charges, comprising 11 felonies with each count carrying a maximum sentence of seven years, and 11 misdemeanors that could result in one-year sentences. The charges allege that he engaged in deceptive practices intended to prevent individuals from exercising their voting rights.
Amid these proceedings, Kramer has also been fined $6 million by the Federal Communications Commission (FCC), though it remains unclear if he has paid this penalty. The FCC had been working on regulations concerning AI at the time Donald Trump was elected but has shown increasing leniency regarding regulatory measures. Recently, half of all U.S. states have moved towards enacting legislation aimed at managing AI deepfakes in political campaigns, reflecting growing concern about the technology's implications.
In Washington, D.C., House Republicans have introduced clauses in their recent tax bill to prohibit states and local governments from regulating AI technologies for a decade, although this proposal faces uncertain prospects in the Senate. This intersection of law, technology, and politics is being closely monitored as the trial unfolds, presenting a unique moment in the ongoing conversation about the role of AI in electoral processes.
