Political consultant defies court order in lawsuit over AI robocalls that mimicked Biden

CONCORD, N.H. (AP) — A political consultant who sent artificial intelligence-generated robocalls mimicking former President Joe Biden to New Hampshire Democrats said Tuesday he will not pay $22,500 to three voters despite a recent federal court order.

The order, issued Friday in a lawsuit brought by the League of Women Voters, came five months after a jury acquitted Kramer of voter suppression and impersonating a candidate. In the civil case, the judge entered a default judgement after Kramer failed to appear in court.

“I never responded to them because I was already acquitted on 22 counts,” Kramer said in an email, insisting that the lawsuit was a publicity stunt that wasted the court’s time. He also has refused to pay a $6 million fine issued by the Federal Communications Commission.

Though jurors sided with Kramer in the criminal trial, the judge in the civil case not only ordered him to pay $7,500 to each voter who sued but banned him from engaging in the same conduct nationwide. Caren Short, director of legal and research at the League of Women Voters, described the decision as a “critical precedent against the weaponization of artificial intelligence in elections.”

Plaintiffs will explore further action if Kramer doesn’t pay up, said Courtney Hostetler of Free Speech for People, which provided the League with legal assistance.

“Mr. Kramer has shown a consistent disregard for the law and the rights of voters,” she said. “His plan to defy the court’s order continues this pattern, and reinforces the importance of the injunction and the damages award.”

Kramer, 56, of New Orleans, admitted orchestrating a message sent to thousands of voters two days before the state’s Jan. 23, 2024, presidential primary. Recipients heard an AI-generated voice similar to Biden’s that suggested that voting in the primary would preclude voters from casting ballots in November.

“It’s important that you save your vote for the November election,” voters were told. “Your votes make a difference in November, not this Tuesday.”

Kramer, who would have faced decades in prison if convicted, testified that he wanted to send a wake-up call about the potential dangers of AI when he paid a New Orleans magician $150 to create the recording. He said he was getting frequent calls from people using AI in campaigns, and, worried about the lack of regulations, made it his New Year’s resolution to take action.

“This is going to be my one good deed this year,” he recalled while testifying in Belknap County Superior Court in June.

Kramer argued that the primary was a meaningless straw poll, and therefore the state’s voter suppression law didn’t apply. The primary was held in defiance of the Democratic National Committee, which had dislodged New Hampshire from its traditional spot in the nominating calendar, though the state’s delegates were still seated at the national convention. Biden did not put his name on the ballot or campaign there but won as a write-in.

Lingo Telecom, the company that transmitted the calls, agreed to pay $1 million in a settlement with the FCC in August 2024. The agency, which did not respond to requests for comment, was developing AI-related rules when Donald Trump won the presidency, but it has since shown signs of a shift toward loosening regulations.

And though multiple states have enacted legislation targeting the use of video or audio content that mimics candidates in political campaigns, Trump is considering pressuring states to stop regulating artificial intelligence. Trump and some Republicans argue that such regulation will dampen innovation, while critics worry about allowing big AI companies to operate with little oversight.