The Colorado secretary of state’s office will investigate whether a video from a libertarian think tank generated with artificial intelligence violates a state law against undisclosed deepfake videos of candidates.

Senator Cathy Kipp, a Fort Collins Democrat, filed a complaint with the office on August 5 against the Independence Institute, as first reported by CBS Colorado. She alleges that a video posted to multiple Independence Institute social media accounts violates a 2024 law that requires disclosure on deepfake videos of candidates within 90 days of a general election. A deepfake is a realistic-looking photo or video created with AI that makes it seem like a person is saying or doing things they never did.

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The Independence Institute is a leading opponent of Proposition NN, a tax-related measure placed on this November’s ballot by Democratic lawmakers. In the 45-second video, Kipp is portrayed as a grocery store clerk refusing to give a customer their change, saying in a harsh tone that management decided to keep all change in order to fund education.

A narrator’s voice then says, “Proposition NN wants to keep your tax refund forever. How is that fair?” as the same words show up in large font. There is a small disclosure visible for about three seconds that reads, “AI generated content because who gets a human cashier these days?”

Kipp sponsored the bill that referred Proposition NN to the ballot. If approved by voters, the measure would let the state keep more tax revenue than currently allowed under the Taxpayer’s Bill of Rights and then redirect the funding to public education. TABOR is a constitutional amendment that, among other things, requires the state to return tax money that exceeds an annual limit.

In the complaint, Kipp wrote that there are no disclosures on the video as required by law. The law requires disclosure in a text around the same size as any other text in the content, as well as information about the AI tool used in the video or photo’s metadata. That disclosure must be “This (image/audio/video/multimedia) has been edited and depicts speech or conduct that falsely appears to be authentic or truthful.” The law includes a carve-out for satire.

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It is the first complaint “filed within the statutory timeframe required for consideration,” according to Jack Todd, a spokesperson for the secretary of state’s office.

Representatives from the Independence Institute did not immediately respond to a request for comment.

The complaint comes amid an increase in AI-generated campaign content, including event flyers, photo posts and deepfake videos. Colorado is one of 31 states that regulate deepfakes in election messaging, according to the National Conference of State Legislators. Kipp, who is running for reelection, filed the complaint exactly 90 days before the November election. As of the afternoon of August 24, the video was still live on the Independence Institute’s public social media pages.

In 2024, Colorado lawmakers approved the bill requiring disclosures on AI-generated campaign material, the same law under which Kipp filed her complaint.

“The bottom line is simple: it is disturbing and wrong to use a deepfake, AI-generated video of someone without their consent,” Kipp said in a statement. “We should not allow the rampant misuse of AI and the spread of false information to become normalized in our elections. While this millionaire-backed group uses bad-faith tactics, I’m focused on what matters: funding our schools and making sure every Colorado kid has access to a quality eduction.”

The Secretary of State’s office decided to investigate the allegations on August 19 and has a deadline of September 18.