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*hb0145*
HOUSE BILL 145
G1 6lr0640
(PRE–FILED) CF SB 141
By: Delegate Feldmark Delegates Feldmark, Fair, Lehman, Ruth, and Terrasa
Requested: July 16, 2025
Introduced and read first time: January 14, 2026
Assigned to: Government, Labor, and Elections
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 24, 2026
CHAPTER ______
AN ACT concerning 1
Election Law – Election Misinformation, Election Disinformation, and 2
Deepfakes 3
FOR the purpose of requiring and authorizing the State Administrator of Elections to take 4
certain actions if the State Administrator receives a credible report that election 5
misinformation or election disinformation has been or is being communicated, 6
disseminated, or distributed; authorizing the State Board of Elections to file a certain 7
civil action related to election misinformation or election disinformation; prohibiting 8
a person, under certain circumstances, from knowingly or with reckless disregard 9
using or disseminating a deepfake to produce materially false information; and 10
generally relating to election misinformation, election disinformation, and 11
deepfakes. 12
BY repealing and reenacting, with amendments, 13
Article – Election Law 14
Section 2–110 15
Annotated Code of Maryland 16
(2022 Replacement Volume and 2025 Supplement) 17
BY adding to 18
Article – Election Law 19
Section 16–905 20
Annotated Code of Maryland 21
(2022 Replacement Volume and 2025 Supplement) 22
2 HOUSE BILL 145
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
That the Laws of Maryland read as follows: 2
Article – Election Law 3
2–110. 4
(a) (1) In this section the following words have the meanings indicated. 5
(2) “Election disinformation” means incorrect or misleading information 6
regarding the time, place, or manner of an election, election results, or voting rights in the 7
State that is knowingly and deliberately disseminated. 8
(3) “Election misinformation” means incorrect or misleading information 9
regarding the time, place, or manner of an election, election results, or voting rights in the 10
State. 11
(b) (1) The State Board shall maintain a portal on the State Board’s website 12
that the public may use to report election misinformation and election disinformation. 13
(2) The State Board shall conduct a periodic review of material submitted 14
by the public through the portal and, to the extent necessary, issue corrective information 15
or refer submissions to the State Prosecutor. 16
(C) (1) (I) IF THE STATE ADMINISTRATOR RECEIVE S A CREDIBLE 17
REPORT THAT ELECTION MISINFORMATION OR EL ECTION DISINFORMATIO N, 18
INCLUDING A DEEPFAKE, HAS BEEN OR IS BEING COMMUNICATED, DISSEMINATED, 19
OR DISTRIBUTED, THE STATE ADMINISTRATOR: 20
(I) 1. SHALL COMMUNICATE , DISSEMINATE, OR 21
DISTRIBUTE TO THE PUBLIC ACCURATE INFORMATION TO CORRECT THE ELECTION 22
MISINFORMATION OR ELECTION DISINFORMATION; 23
(II) 2. EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 24
PARAGRAPH, MAY SEEK AN INJUNCTI ON IN ACCORDANCE WITH THE MARYLAND 25
RULES FOR THE REMOVAL OF T HE ELECTION MISINFOR MATION OR ELECTION 26
DISINFORMATION FROM ANY ONLINE PLATFORM; AND 27
(III) 3. MAY ISSUE A SUBPOENA IN ACCORDANCE WITH T HE 28
FEDERAL STORED COMMUNICATIONS ACT, IF APPLICABLE, FOR RECORDS RELATED 29
TO THE DISSEMINATION OR DISTRIBUTION OF THE ELECTION MISINFORMATION OR 30
ELECTION DISINFORMAT ION, INCLUDING INFORMATIO N RELATED TO THE 31
TARGETED AUDIENCE. 32
HOUSE BILL 145 3
(II) THE STATE ADMINISTRATOR MAY NOT SEEK AN 1
INJUNCTION UNDER SUB PARAGRAPH (I)2 OF THIS PARAGRAPH AGAINST AN 2
INTERACTIVE COMPUTER SERVICE, AS DEFINED IN 47 U.S.C. § 230, FOR THE 3
REMOVAL OF CONTENT D ISSEMINATED BY AN AN OTHER PERSON THROUGH THE 4
INTERACTIVE COMPUTER SERVICE. 5
(2) (I) THE STATE BOARD MAY NOT FILE A CIVIL ACTION UNDER 6
THIS PARAGRAPH AGAINST A PERSON: 7
1. EXEMPT FROM THE REQU IREMENTS OF § 16–905 OF 8
THIS ARTICLE; OR 9
2. WHO SEEKS TO DETECT , REPORT, PREVENT, 10
INVESTIGATE, RESPOND TO, OR PROSECUTE PERSONS RESPONSIBLE FOR SECURITY 11
BREACHES, IDENTITY THEFT , FRAUD, HARASSMENT, OR OTH ER MALICIOUS OR 12
ILLEGAL ACTIVITY. 13
(II) THE STATE BOARD, IN CONSULTATION WITH THE STATE 14
ADMINISTRATOR, MAY FILE A CIVIL ACT ION IN A COURT OF CO MPETENT 15
JURISDICTION WITHIN THE STATE AGAINST A PERSO N, CAMPAIGN, POLITICAL 16
ACTION COMMITTEE, OR OTHER LEGAL ENTITY IF THE STATE BOARD: 17
(I) 1. FINDS THAT THE ENTITY PUBLISHED ELE CTION 18
MISINFORMATION OR EL ECTION DISINFORMATIO N PERSON CREATED , USED, OR 19
DISSEMINATED: 20
A. ELECTION DISINFORMATION; OR 21
B. WITH RECKLESS DISREG ARD, ELECTION 22
MISINFORMATION; AND 23
(II) 2. INCURS COSTS TO COMM UNICATE, DISSEMINATE, OR 24
DISTRIBUTE TO THE PUBLIC ACCURATE INFORMATION TO CORRECT THE ELECTION 25
MISINFORMATION OR ELECTION DISINFORMATION. 26
(3) THE STATE BOARD MAY SEEK DAMAGE S, COURT COSTS , AND 27
ATTORNEY’S FEES IN A CIVIL ACTION FILED UNDER PARAGRAPH (2) (2)(II) OF THIS 28
SUBSECTION. 29
(4) A COURT MAY AWARD DAMA GES, COURT COSTS, OR ATTORNEY’S 30
FEES IN A CIVIL ACTI ON FILED UNDER PARAG RAPH (2)(II) OF THIS SUBSECTION 31
ONLY BASED ON A SHOW ING BY CLEAR AND CON VINCING EVIDENCE THAT THE 32
PERSON, CAMPAIGN, POLITICAL ACTION COM MITTEE, OR OTHER LEGAL ENTIT Y 33
CREATED, USED, OR DISSEMINATED: 34
4 HOUSE BILL 145
(I) ELECTION DISINFORMATION; OR 1
(II) WITH RECKLESS DISREGARD, ELECTION MISINFORMATION. 2
16–905. 3
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANI NGS 4
INDICATED. 5
(2) “DEEPFAKE” MEANS AN IMAGE , AN AUDIO RECORDING , OR A 6
VIDEO RECORDING THAT HAS BEEN INTENTIONAL LY CREATED OR MANIPU LATED 7
WITH THE USE OF GENE RATIVE ARTIFICIAL IN TELLIGENCE OR OTHER DIGITAL 8
TECHNOLOGY TO CREATE A REALISTIC BUT FALSE DEPICTION OF A PERSO N THAT 9
AN ORDINARY PERSON W OULD CONCLUDE IS AN ACTUAL VISUAL OR AUD IO 10
REPRESENTATION OF THE PERSON DEPICTED. 11
(3) “INFLUENCE” HAS THE MEANING STAT ED IN § 16–201 OF THIS 12
TITLE. 13
(B) THIS SECTION DOES NOT APPLY: 14
(1) WITH RESPECT TO A DEEPFAKE THAT IS SATIRE OR PARODY; 15
(2) TO A RADIO OR TELEVISION BROADCASTING STATION, INCLUDING 16
A CABLE OR SATELLITE TELEVISION OPERATOR, PROGRAMMER, OR PRODUCER, OR 17
AN AFFILIATE OF THE RADIO OR TELEVISION BROADCASTING STATION , THAT 18
BROADCASTS A DECEPTIVE AND FRAUDULENT DEEPFAKE IF: 19
(I) THE BROADCAST IS REQUIRED BY THE FEDERAL LAW THAT 20
REQUIRES BROADCASTER S TO AIR ADVERTISEME NTS FROM LEGALLY QUA LIFIED 21
CANDIDATES; 22
(II) THE BROADCAST: 23
1. IS PART OF A BONA FI DE NEWSCAST , A NEWS 24
INTERVIEW, A NEWS DOCUMENTARY , OR ON–THE–SPOT COVERAGE OF BON A FIDE 25
NEWS EVENTS; AND 26
2. CLEARLY IDENTIFIES T O THE AUDIENCE THROU GH 27
CONTENT OR A DISCLOSURE IN A MANNER THAT CAN BE EASILY HEARD OR READ BY 28
THE AVERAGE LISTENER OR VIEWER THAT THE DEEPFAKE MAY CONTAIN DECEPTIVE 29
AUDIO OR VISUAL MEDIA; OR 30
HOUSE BILL 145 5
(III) THE BROADCASTER HAS: 1
1. BEEN PAID TO BROADCAST THE DEEPFAKE; AND 2
2. MADE A GOOD FAITH EF FORT TO ESTABLISH TH AT 3
THE DEEPFAKE IS NOT A DECEPTIVE AND FRAUDULENT DEEPFAKE; OR 4
(3) TO A WEBSITE OR REGUL ARLY PUBLISHED NEWSP APER, 5
MAGAZINE, OR OTHER PERIODICAL OF GENERAL CIRCULATI ON, INCLUDING AN 6
INTERNET OR ELECTRONI C PUBLICATION, THAT ROUTINELY CARRI ES NEWS AND 7
COMMENTARY OF GENERA L INTEREST AND THAT PUBLISHES A DECEPTIV E AND 8
FRAUDULENT DEEPFAKE IF THE WEBSITE OR PE RIODICAL CLEARLY STA TES THAT 9
THE MATERIALLY DECEP TIVE AUDIO OR VISUAL MEDIA DOES NOT ACCUR ATELY 10
REPRESENT THE SPEECH OR CONDUCT OF THE CANDIDATE. 11
(C) THE FOLLOWING PERSONS MAY NOT BE FOUND TO HAVE VIOLATED THIS 12
SECTION SOLELY BECAU SE THE PERSON ’S SERVICES OR FACILI TIES ARE USED BY 13
ANOTHER PERSON TO DISSEMINATE A DEEPFAKE IN VIOLATION OF THIS SECTION: 14
(1) AN INTERACTIVE COMPUTER SERVICE, AS DEFINED IN 47 U.S.C. § 15
230; 16
(2) AN INTERNET SERVICE PROVIDER; 17
(3) A CLOUD SERVICE PROVIDER; 18
(4) A STREAMING SERVICE PROVIDER; OR 19
(5) A TELECOMMUNICATIONS NETWORK. 20
(C) (D) A PERSON MAY NOT KNOWINGLY OR WITH RECKLESS DISREGARD 21
USE CREATE, USE, OR DISSEMINATE A DEEPFAKE TO PRODUCE MATERIALLY FALSE 22
INFORMATION IF: 23
(1) THE PERSON HAS THE INTENT TO USE THE DEEPFAKE TO: 24
(1) (I) IMPEDE, INFLUENCE, PREVENT, OR ATTEMPT TO IMPEDE , 25
INFLUENCE, OR PREVENT A VOTER’S DECISION TO CAST A BALLOT; 26
(2) (II) MISREPRESENT FACTS R ELATING TO VOTER 27
REGISTRATION, VOTING METHODS , ELECTION RESULTS , ELECTORAL PROCESSES, 28
OR OFFICIAL DUTIES OF AN ELECTION OFFICIAL; OR 29
6 HOUSE BILL 145
(3) (III) INDUCE OR ATTEMPT TO INDUCE ANOTHER INDIVIDUAL TO 1
SIGN OR NOT SIGN A PETITION FOR A QUESTION TO APPEAR ON A BALLOT; OR 2
(IV) INFLUENCE OR ATTEMPT TO INFLUENCE A VOTER ’S 3
DECISION WHETHER TO VOTE FOR OR AGAINST A CANDIDATE OR BALLOT ISSUE; AND 4
(2) THE CREATION , USE, OR DISSEMINATION OF THE DEEPFAKE 5
RESULTS, OR HAS THE INTENT TO RESULT, IN HARM TO A VOTER, POTENTIAL VOTER, 6
OR PETITION. 7
(D) (E) A PERSON WHO VIOLATES SUBSECTION (C) (D) OF THIS SECTION 8
IS GUILTY OF A MISDEMEANOR AND ON CONVICTION IS SUBJECT TO A FINE OF NOT 9
MORE THAN $5,000 OR IMPRISONMENT FOR NOT MORE THAN 5 YEARS OR BOTH. 10
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 11
1, 2026. 12
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.