Santa Clara candidate failed to disclose AI images, complaint says

A Santa Clara mayoral candidate is facing a state-level complaint over his campaign’s undisclosed use of AI-generated images.

Diana Torres, a freelance political consultant, filed the complaint against candidate Gary Ferraris to the California Fair Political Practices Commission (FPPC) on Sept. 24. The complaint alleges Ferraris’ campaign website used images created with artificial intelligence without a disclosure, now required by state law as of January 2025.

The images depict AI-generated campaign volunteers and supporters, including a person canvassing at a campaign table, a construction worker holding a Ferraris campaign sign and the candidate with a supporter wearing a shirt with “Engineers for Gary Ferraris” on it. Another image depicts a building labeled “City of Santa Clara” that the complaint said does not resemble Santa Clara’s actual City Hall. Ferraris said his campaign took down the images on Friday after the FPPC notified him of the complaint.

“As a political consultant, I review campaign materials closely, and Gary Ferraris’ website is filled with AI-generated images: fake workers, fake volunteers and fake supporters,” Torres told San José Spotlight. “California law requires campaigns to disclose when they use AI, and this campaign hasn’t.”

Ferraris said the complaint is a political attack and his campaign is focused on addressing issues important to residents.

“We take responsibility for the oversight and should have caught it — but an honest mistake shouldn’t be turned into a political distraction,” Ferraris told San José Spotlight. “While others are focused on political attacks, our campaign is focused on the issues that matter to Santa Clara residents every single day — the high cost of living, mismanagement of city services and the closure of facilities that families and residents depend on.”

He added that residents deserve better than politics as usual.

“They deserve a mayor who will take responsibility, focus on the basics and get the city working again,” Ferraris said.

Ferraris, a former Santa Clara maintenance worker and labor representative, is one of six candidates running for Santa Clara mayor in the Nov. 3 election. The other candidates are Councilmembers Karen Hardy and Kevin Park, David Kertes, senior director of sales for North America at Novanta, former Councilmember Kathy Watanabe and technology entrepreneur Mike Wiltberger.

Torres also pointed to the Affordable Santa Clara Supporting Ferraris and Opposing Watanabe and Kertes for Mayor 2026, sponsored by Forty Niners Football Company LLC, an independent expenditure with $645,000. The money doesn’t go to Ferraris’ campaign directly, though it can be used for ads, mailers and other forms of campaign communications.

Torres previously worked worked on external engagement strategies for the San Francisco 49ers and supported independent expenditures. She said her past work for the 49ers does not change her concerns about Ferraris’ use of AI-generated imagery.

As of Tuesday, the FPPC has not publicly confirmed if it has opened an investigation into the complaint. Spokesperson Shery Yang told San José Spotlight the agency generally confirms receipt of complaints two days after the respondent is notified.

The state’s AI disclosure law under Assembly Bill 2355 took effect Jan. 1, 2025 and requires a political advertisement containing an image, audio or video generated or substantially altered using artificial intelligence to include a disclosure. The law defines AI-generated media to include content entirely created by AI that would falsely appear authentic to a reasonable person.

“That’s especially concerning from someone running for mayor, with $645,000 in special interest spending from the 49ers behind him,” Torres said. “Voters should be able to trust that the images of people and events they see in a campaign are real.”

Contact Maryanne Casas-Perez at [email protected] or @CasasPerezRed on X.