Political Law Firm Starts AI Practice as Campaigns Adopt Tech

Growing artificial intelligence use in politics and advocacy has prompted a law firm known for its election work to start a practice focused on the technology.

Holtzman Vogel, founded more than two decades ago by the former chief counsel of the Republican National Committee, has created the practice in part because clients are worried AI use will run afoul of regulations.

“There’s not insignificant consequences for people that use AI in ways that get them in trouble,” said Jason Torchinsky, a Washington, DC-based firm partner who specializes in campaign finance, election law, and lobbying disclosure who will co-chair the new practice.

Holtzman Vogel Baran Torchinsky and Josefiak, which announced the new practice Thursday, is debuting the move in the home stretch of a national election that has grabbed headlines for AI use.

OpenAI in August removed a network of Iranian accounts that used the company’s ChatGPT chatbot to try to influence the presidential contest. The Federal Communications Commission last month fined political operative Steve Kramer $6 million for using an AI voice cloning technology to mimic President Joe Biden’s voice in thousands of robocalls on behalf of former Democratic presidential candidate Dean Phillips.

Jill Holtzman Vogel founded the more than 45-lawyer firm in 2001 and the operation has built a reputation serving clients in Republican circles. She led the national GOP’s legal efforts during the 2004 presidential election and served 16 years in the Virginia state Senate.

A majority of Americans on both sides of the aisle are extremely or very concerned about the possibility AI will be used to influence the outcome of the US election with fake or misleading information about the candidates, according to a Pew Research Center report in September.

Attorneys have long warned their clients of the “Wild West” nature that AI and deep-fake political ads can bring. Torchinsky said he’s had to warn clients to change their AI usage after being consulted on their plans.

Clients have asked the firm about compliance related to using AI technology for voter outreach, said Oliver Roberts, the other co-chair of the new practice. “There’s definitely interest in using it, but people are wary,” he said.

Legislators have recently tried to levy checks against AI-based election influence. The Federal Election Commission voted last month to apply it’s long-standing prohibition against “fraudulent misrepresentation” to AI. Democratic California Gov. Gavin Newsom signed a bill last month that bans the distribution of AI-generated election content with malicious intent.

“As the election gets draws closer and the pressure ramps up, we’re going to see more states take enforcement actions,” Torchinsky said.