Arizona Rep. Lorena Austin Weighs Legal Action Over Undisclosed AI Images

Arizona state Rep. Lorena Austin is considering legal action after Turning Point activists posted and later deleted AI-generated images that portrayed the Democrat helping campaign for Republican gubernatorial candidate Andy Biggs. Austin said the images were fake, and the posts gave no disclosure that their likeness had been synthetically generated.

A fabricated endorsement

The posts showed Austin with people placing a “Democratas Por Biggs” sign in downtown Mesa. Captions by Turning Point activist Matt Whitmire and Turning Point Action manager Mary Ann Mendoza suggested Austin had joined the effort. Austin told Phoenix New Times that they were out of town when the images circulated, did not support Biggs and had not been contacted about supporting his campaign.

The official Biggs campaign said the posts were not from or connected to its campaign. Turning Point USA did not respond to Phoenix New Times’ request for comment. The posts are gone, but the question of legal action remains open: Austin has not filed a lawsuit.

Rules that may apply

Arizona enacted two relevant laws in 2024. ARS 16-1023 allows a candidate to seek declaratory and injunctive relief over an undisclosed digital impersonation that would not be obvious to a reasonable person. ARS 16-1024 bars knowingly distributing certain fraudulent deepfakes of ballot candidates within 90 days of an election unless their AI origin is clearly identified.

Everything’s on the table right now.

Lorena Austin, speaking to Phoenix New Times

An untested path after removal

The disclosure statute provides for a $10-per-day penalty for covered undisclosed content, though no court has decided whether it applies to these posts. One earlier case citing the same laws did not continue: former state lawmaker Joseph Chaplik sued a Virginia-based super PAC over AI imagery, but his attorney later said the case was no longer ongoing. If Austin proceeds, a court would have to assess the facts under statutes that have yet to produce a lasting case.