CA AB 2839 (enjoined)
California AB 2839 — Materially Deceptive Election Content (PRELIMINARILY ENJOINED)
CA · Cal. AB 2839 (2024), Stats. 2024, ch. 262 (Elec. Code § 20012); Kohls v. Bonta, No. 2:24-cv-02527-JAM-CKD (E.D. Cal.)
- Status
- Blocked / in litigation
- Took effect
- September 17, 2024
- Applies to
- Distributors of AI-generated political content (suspended)
- Enforced by
- California Attorney General / county DAs
California AB 2839 banned knowingly distributing materially deceptive AI-generated or digitally altered election content about candidates, election officials and voting equipment in the 120 days before an election (and, for election officials and equipment, up to 60 days after). A federal court preliminarily blocked it on October 2, 2024 in Kohls v. Bonta, and on August 29, 2025 the court granted summary judgment to the challengers, holding the law violates the First Amendment and permanently barring the state from enforcing it against the plaintiffs. California did not appeal that ruling; its pending Ninth Circuit appeal (No. 25-6138) concerns only the companion platform law, AB 2655.
Who is protected: California voters from election disinformation (would have)
Legal detail
AB 2839 (Stats. 2024, ch. 262, urgency statute effective Sept. 17, 2024) added Elec. Code § 20012, prohibiting a person, committee or entity from knowingly distributing, with malice, an advertisement or other election communication containing materially deceptive content depicting candidates, elections officials, elected officials, or election equipment, during the 120 days before an election (and for elections officials/equipment through 60 days after). Enforcement is civil only: injunctive relief and actions for general or special damages by recipients, candidates/committees or elections officials, with attorney's fees. Preliminary injunction issued Oct. 2, 2024 (E.D. Cal., Mendez J.) in Kohls v. Bonta; summary judgment for plaintiffs and permanent injunction against enforcement as to the named plaintiffs Aug. 29, 2025 (ECF 101, 102). The State's notice of appeal (ECF 106, 9th Cir. No. 25-6138) covers only the Aug. 20, 2025 AB 2655 judgment; the State's opening brief states 'AB 2839 and its validity are not at issue on this appeal.' The case was consolidated with Babylon Bee LLC v. Bonta (No. 2:24-cv-02787); the full caption is Kohls v. Bonta, No. 2:24-cv-02527-JAM-CKD (E.D. Cal.).
Key facts
| Jurisdiction | CA |
|---|---|
| Level | State |
| Enacted | September 17, 2024 |
| Citation | Cal. AB 2839 (2024), Stats. 2024, ch. 262 (Elec. Code § 20012); Kohls v. Bonta, No. 2:24-cv-02527-JAM-CKD (E.D. Cal.) |
| Private right of action | Yes, individuals can sue |
| Penalties | Civil remedies only: injunctive or other equitable relief and actions for general or special damages, plus attorney's fees and costs (currently unenforceable against the plaintiffs under the Aug. 29, 2025 permanent injunction) |
| Topics | deepfakes · election deepfakes |
| Court record | Preliminary Injunction Order — Kohls v. Bonta (E.D. Cal. Oct. 2, 2024) |
More AI rules in CA
- CA AB 2148 no-AI school employees (2026) · Enacted (not yet in effect)
- CA AG Bonta · In effect
- CA Bar GenAI Guidance · In effect
- CA CPPA ADMT Regs · In effect
- CPPA Honda ADMT settlement · In effect
- CA AB 1008 (CCPA + AI) · In effect
Related deepfakes rules elsewhere
- Arkansas Frank Broyles Act AI amendment — voice and likeness protection (2025) · In effect
- Doe v. X.AI (Grok NCII deepfakes class action) · Blocked / in litigation
- xAI v. Harwood (Grok NCII Counter-Suit 2026) · Blocked / in litigation
- Arizona HB 2133 deepfake sexual content — vetoed 2026 · Vetoed
- Arizona HB 2678 — AI-generated CSAM criminalized · In effect
- MN HF 1606 AI Nudification Ban (2026) · In effect
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