THE INFLUENCE OF ARTIFICIAL INTELLIGENCE ON ELECTORAL PROCESSES

Publisher

6 months ago

Author: Krutika Patil, REVA University.

To the Point

Artificial Intelligence for the most part has been advantageous to the human kind. Nonetheless, it is not without its flaws. The incorporation of AI has been visible in most of the sectors. The AI has now entered the domain of election. The process of election involving the individuals casting vote is all about numbers and statistics. This invites concerning challenges and issues with the storing, collecting, sharing, distribution of sensitive information. This article touches about the risks that hamper the core principle i.e. democracy. The need to regulate in felt after witnessing the real time election that are happening around the world. The deployment of AI is observed in countries like USA,UK and even in India. The fact that goverance now depends on how the internet sees the figures causing to predict and analyse voters behaviour is an issue that needs immense attention.

Abstract

The integration of AI in the electoral process comes with certain challenges. The customisation of information specific to the algorithm , the manipulation of data are a couple to name. The need to regulate these functions of AI has become imperative. Challenges like deepfake, leaking of information, micro-targeted political content tips the scale of political outcome. The lack of clear legislative framework also adds to the challenge of governing it. By examining the intersection of technology and law, it underscores the critical balance between innovation and the protection of voter rights in the age of digital democracy.

Use of Legal Jargon

There has been growing dependency on AI in political Campaigning. This presents not only technological advancements but also serious legal and ethical issues. The main violation in regards to applying AI in election is the breach of Data Privacy. AI powered political tools rely on the vote banks and its numbers, which are sourced from online behaviour, social media platform, public records and digital surveys. In many cases the data is collected and studied without prior knowledge or consent. The unauthorised processing of information especially in absence of a robust data protection framework, makes the voters vulnerable to profiling and manipulation. The lack of strict regulation of legal framework exposes the voters to data breaches, identity theft, misuse.
Algorithm bias is another critical issue arising from AI in political contexts. Since AI systems are trained on historical data ,they often reflect pre conceived notions. If a sentiment analysis is trained on urban based population, it might overlook the rural based data. This creates an inherent imbalance in political outreach, strategies and favourism. This will be an obstacle to fair electoral mechanism and lead to an manipulated pool of votes.
In addition ,AI tools are used for the creation of misinformation, through the popular medium of deepfakes. These are AI generated videos or audio clips that depict public figures saying things that is crafted by the AI. This combination of misinformation through the deepfakes affects voter behaviour.
Micro-targeting complicates the landscape of elections. AI enable a custom package of propagandas and schemes tailored to the demographic of the people. Voters will be shown content they align with making them believe that what they align with the ultimate truth. This selective exposure concealing the good and the bad is in violation of the constitutional rights.

The Proof

The 2024 Lok Sabha elections marked a turning point in the use of artificial intelligence in Indian politics. AI tools such as machine learning and natural language processing were used to analyse voter turnout, social media content, and political speeches. Concerns over misuse of AI were amplified during the election period. Meta reportedly approved political advertisements that incited violence against Muslims, highlighting the urgent need for regulation. Additionally, the use of deepfake technology raised alarm—especially when AI-generated videos featured deceased leaders like J Jayalalithaa and M Karunanidhi endorsing current candidates, triggering emotional reactions and potentially manipulating voter behaviour. The CPI(M)’s use of AI to simulate former Chief Minister Buddhadeb Bhattacharya’s voice also sparked ethical debate.
Despite scepticism about AI’s ability to change voter preferences significantly, research reveals a worrying trend. A Social Media Matters study found that 80% of first-time voters were exposed to misinformation, with WhatsApp being a major source. A 2025 Delhi election survey conducted by The 23 Watts showed that a majority of young voters acknowledged being influenced by fake news and sensationalized content, with many admitting to sharing unverified information. While these effects might seem subtle in the short term, they pose serious long-term risks to electoral integrity and public trust.

Case Laws

Ashok Chavan v. Madhavrao Kinhalkar (2014)
In Ashok Chavan v. Madhavrao Kinhalkar (2014), the Supreme Court held that non-disclosure of campaign expenses related to paid news amounted to a corrupt practice. This principle is directly applicable in the context of AI-driven political campaigns. If a candidate or political party uses AI tools—such as deepfakes, chatbots, or microtargeted ads—without accounting for them in official election spending, it could similarly amount to concealment of campaign expenditure. Given the persuasive power of AI in shaping voter perception, such practices raise serious legal and ethical concerns under the Representation of the People Act.

2. People’s Union for Civil Liberties vs. Union of India & Ors. [PUCL vs Union of India] AIR 1997 SC 568, (1997) 1 SCC 301
The Court held that the right to vote includes the right to know the background of candidates. If AI is used to manipulate or conceal facts about candidates (e.g., through deepfakes or targeted propaganda), it undermines the voter’s right to make informed choices.

3. Facebook, Inc. v. Duguid (2021) – U.S. Case 141 S. Ct. 1163 (2021)
This U.S. Supreme Court case deals with automated communication systems and the regulation of AI-driven content.Highlights the global trend toward recognizing the need for oversight of AI-based automated systems, especially when they are used in political contexts.

Conclusion

The rise of Artificial Intelligence in our electoral processes has sparked a significant transformation—on one hand, it offers efficiency, insightful data, and a more personalized approach to voter engagement. On the other hand, it poses serious risks to the fundamental democratic values of transparency, equality, and informed choice. The unchecked use of AI in political campaigns raises alarming issues like data privacy violations, algorithmic bias, manipulation through deepfakes, and a decline in public trust due to targeted misinformation. In India, the legal framework hasn’t quite kept pace with the technological advancements being utilized in elections. Without a specific regulatory system in place, voters are left exposed to profiling, coercion, and misinformation. Key constitutional principles, including the right to privacy, the right to free and fair elections, and the right to information, are under threat from unregulated AI applications. It’s crucial for lawmakers, regulators, and the Election Commission to grasp the urgency of this situation and put in place comprehensive guidelines that promote the ethical, transparent, and accountable use of AI in elections. Safeguarding democracy in this digital era demands not just technological understanding but also a strong legal framework to protect the integrity of the electoral process.

FAQS

1. How is Artificial Intelligence used in elections?
AI is used in elections for voter behaviour analysis, targeted advertising, sentiment analysis, speech and content generation, deepfake creation, and micro-targeted campaign strategies. Political parties use AI tools to predict voter preferences, optimize outreach, and personalize messages to specific demographics.

What are the main legal concerns regarding AI in elections?
The major legal concerns include violation of data privacy, unauthorized profiling of voters, manipulative micro-targeting, and non-disclosure of AI-generated campaign materials. These practices may breach constitutional rights and election laws, including the Representation of the People Act, 1951.

3.Are there any Indian laws regulating the use of AI in elections?
As of now, India lacks a specific legal framework to regulate the use of AI in elections. While general laws like the Information Technology Act, 2000 and the Right to Privacy (Puttaswamy judgment) apply, there is no dedicated legislation addressing AI-driven electoral manipulation or misinformation.

4. What is the impact of deepfakes on voter behavior?
Deepfakes—AI-generated videos or audio clips of public figures—can spread misinformation, create confusion, or manipulate public emotions. When used during elections, deepfakes can distort facts, fabricate endorsements, and influence voter perception, compromising the integrity of democratic processes.
5. What steps can be taken to regulate the use of AI in elections?
There is an urgent need for a robust legal framework that includes:
Mandatory disclosure of AI tools used in campaigns
Strict data protection and consent norms
Bans or regulation on deepfake political content
Transparency in algorithmic decision-making
Oversight by the Election Commission or an independent regulatory body

REFERENCES