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*sb0141*
SENATE BILL 141
G1 (6lr0641)
ENROLLED BILL
— Education, Energy, and the Environment/Government, Labor, and Elections —
Introduced by Senator Hester Senators Hester, Brooks, Feldman, Harris, Kagan,
and M. Washington
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at ________________________ o’clock, ________M.
______________________________________________
President.
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
creating, using, or disseminating a deepfake to produce materially false information; 10
and generally relating to election misinformation, election disinformation, and 11
deepfakes. 12
BY repealing and reenacting, with amendments, 13
2 SENATE BILL 141
Article – Election Law 1
Section 2–110 2
Annotated Code of Maryland 3
(2022 Replacement Volume and 2025 Supplement) 4
BY adding to 5
Article – Election Law 6
Section 16–905 7
Annotated Code of Maryland 8
(2022 Replacement Volume and 2025 Supplement) 9
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 10
That the Laws of Maryland read as follows: 11
Article – Election Law 12
2–110. 13
(a) (1) In this section the following words have the meanings indicated. 14
(2) “Election disinformation” means incorrect or misleading information 15
regarding the time, place, or manner of an election, election results, or voting rights in the 16
State that is knowingly and deliberately disseminated. 17
(3) “Election misinformation” means incorrect or misleading information 18
regarding the time, place, or manner of an election, election results, or voting rights in the 19
State. 20
(b) (1) The State Board shall maintain a portal on the State Board’s website 21
that the public may use to report election misinformation and election disinformation. 22
(2) The State Board shall conduct a periodic review of material submitted 23
by the public through the portal and, to the extent necessary, issue corrective information 24
or refer submissions to the State Prosecutor. 25
(C) (1) (I) IF THE STATE ADMINISTRATOR RECEIVE S A CREDIBLE 26
REPORT THAT ELECTION MISINFORMATION OR EL ECTION DISINFORMATIO N, 27
INCLUDING A DEEPFAKE, HAS BEEN OR IS BEING COMMUNICATED, DISSEMINATED, 28
OR DISTRIBUTED, THE STATE ADMINISTRATOR: 29
(I) 1. SHALL COMMUNICATE , DISSEMINATE, OR 30
DISTRIBUTE TO THE PUBLIC ACCURATE INFORMATION TO CORRECT THE ELECTION 31
MISINFORMATION OR ELECTION DISINFORMATION; 32
(II) 2. EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 33
PARAGRAPH, MAY SEEK AN INJUNCTI ON IN ACCORDANCE WITH T HE MARYLAND 34
SENATE BILL 141 3
RULES FOR THE REMOVAL OF T HE ELECTION MISINFOR MATION OR ELECTION 1
DISINFORMATION FROM ANY ONLINE PLATFORM; AND 2
(III) 3. MAY ISSUE A SUBPOENA IN ACCORDANCE WITH T HE 3
FEDERAL STORED COMMUNICATIONS ACT, IF APPLICABLE, FOR RECORDS RELATED 4
TO THE DISSEMINATION OR DISTRIBUTION OF THE ELECTION MISINFORMATION OR 5
ELECTION DISINFORMAT ION, INCLUDING INFORMATIO N RELATED TO THE 6
TARGETED AUDIENCE. 7
(II) THE STATE ADMINISTRATOR MAY NOT SEEK AN 8
INJUNCTION UNDER SUB PARAGRAPH (I)2 OF THIS PARAGRAPH AG AINST AN 9
INTERACTIVE COMPUTER SERVICE, AS DEFINED IN 47 U.S.C. § 230, FOR CONTENT 10
DISSEMINATED BY ANOT HER PERSON THROUGH T HE INTERACTIVE COMPU TER 11
SERVICE. 12
(2) (I) THE STATE BOARD MAY NOT FILE A CIVIL ACTION UNDER 13
THIS PARAGRAPH AGAINST A PERSON: 14
1. EXEMPT FROM THE REQU IREMENTS OF § 16–905 OF 15
THIS ARTICLE; OR 16
2. WHO SEEKS TO DETECT , REPORT, PREVENT, 17
INVESTIGATE, RESPOND TO, OR PROSECUTE PERSONS RESPONSIBLE FOR SECURITY 18
BREACHES, IDENTITY THEFT , FRAUD, HARASSMENT, OR OTHER MALICIOUS O R 19
ILLEGAL ACTIVITY. 20
(II) THE STATE BOARD, IN CONSULTATION WITH THE STATE 21
ADMINISTRATOR, MAY FILE A CIVIL ACT ION IN A COURT OF CO MPETENT 22
JURISDICTION WITHIN THE STATE AGAINST A PERSO N, CAMPAIGN, POLITICAL 23
ACTION COMMITTEE, OR OTHER LEGAL ENTITY IF THE STATE BOARD: 24
(I) 1. FINDS THAT THE ENTITY PUBLISHED PERSON 25
CREATED, USED, OR DISSEMINATED ELECTION MISINFORMAT ION OR ELECTION 26
DISINFORMATION: 27
A. ELECTION DISINFORMATION; OR 28
B. WITH RECKLESS DISREG ARD, ELECTION 29
MISINFORMATION; AND 30
(II) 2. INCURS COSTS TO COMMUNICATE, DISSEMINATE, OR 31
DISTRIBUTE TO THE PUBLIC ACCURATE INFORMATION TO CORRECT THE ELECTION 32
MISINFORMATION OR ELECTION DISINFORMATION. 33
4 SENATE BILL 141
(3) (I) THE EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 1
PARAGRAPH, THE THE STATE BOARD MAY SEEK DAMAGE S, COURT COSTS , AND 2
ATTORNEY’S FEES IN A CIVIL ACTION FILED UNDER PARAGRAPH (2) (2)(II) OF THIS 3
SUBSECTION. 4
(II) THE STATE BOARD MAY NOT SEEK DA MAGES, COURT 5
COSTS, OR ATTORNEY’S FEES UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH IN A 6
CIVIL ACTION AGAINST A PERSON EXEMPT FROM THE REQUIREMENTS OF § 16–905 7
OF THIS ARTICLE. 8
(4) A COURT MAY AWARD DAMA GES, COURT COSTS, OR ATTORNEY’S 9
FEES IN A CIVIL ACTI ON FILED UNDER PARAG RAPH (2)(II) OF THIS SUBSECTION 10
ONLY BASED ON A SHOW ING BY CLEAR AND CON VINCING EVIDENCE T HAT THE 11
PERSON, CAMPAIGN, POLITICAL ACTION COM MITTEE, OR OTHER LEGAL ENTIT Y 12
CREATED, USED, OR DISSEMINATED: 13
(I) ELECTION DISINFORMATION; OR 14
(II) WITH RECKLESS DISREGARD, ELECTION MISINFORMATION. 15
16–905. 16
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANI NGS 17
INDICATED. 18
(2) “DEEPFAKE” MEANS AN IMAGE , AN AUDIO RECORDING , OR A 19
VIDEO RECORDING THAT HAS BEEN INTENTIONAL LY CREATED OR MANIPU LATED 20
WITH THE USE OF GENE RATIVE ARTIFICIAL IN TELLIGENCE OR OTHER DIGITAL 21
TECHNOLOGY TO CREATE A REALISTIC BUT FALSE DEPI CTION OF A PERSON TH AT 22
AN ORDINARY PERSON W OULD CONCLUDE IS AN ACTUAL VISUAL OR AUD IO 23
REPRESENTATION OF THE PERSON DEPICTED. 24
(3) “INFLUENCE” HAS THE MEANING STAT ED IN § 16–201 OF THIS 25
TITLE. 26
(B) THIS SECTION DOES NOT APPLY: 27
(1) WITH RESPECT TO A DEEPFAKE THAT IS SATIRE OR PARODY; 28
(2) TO A RADIO OR TELEVISION BROADCASTING STATION, INCLUDING 29
A CABLE OR SATELLITE TELEVISION OPERATOR, PROGRAMMER, OR PRODUCER, OR 30
AN AFFILIATE OF THE RADIO OR TELEVISION BROADCASTING STATION , THAT 31
BROADCASTS A DECEPTIVE AND FRAUDULENT DEEPFAKE IF: 32
SENATE BILL 141 5
(I) THE BROADCAST IS REQUIRED BY THE FEDERAL LAW THAT 1
REQUIRES BROADCASTER S TO AIR ADVERTISEME NTS FROM LEGALLY QUA LIFIED 2
CANDIDATES; 3
(II) THE BROADCAST: 4
1. IS PART OF A BONA FI DE NEWSCAST , A NEWS 5
INTERVIEW, A NEWS DOCUMENTARY , OR ON–THE–SPOT COVERAGE OF BON A FIDE 6
NEWS EVENTS; AND 7
2. CLEARLY IDENTIFIES T O THE AUDIENCE THROU GH 8
CONTENT OR A DISCLOSURE IN A MANNER THAT CAN BE EASILY HEARD OR READ BY 9
THE AVERAGE LISTENER OR VIEWER THAT THE DEEPFAKE MAY CONTAIN DECEPTIVE 10
AUDIO OR VISUAL MEDIA; OR 11
(III) THE BROADCASTER HAS: 12
1. BEEN PAID TO BROADCAST THE DEEPFAKE; AND 13
2. MADE A GOOD FAITH EF FORT TO ESTABLISH TH AT 14
THE DEEPFAKE IS NOT A DECEPTIVE AND FRAUDULENT DEEPFAKE; OR 15
(3) TO A WEBSITE OR REGU LARLY PUBLISHED NEWS PAPER, 16
MAGAZINE, OR OTHER PERIODICAL OF GENERAL CIRCULATI ON, INCLUDING AN 17
INTERNET OR ELECTRONI C PUBLICATION, THAT ROUTINELY CARRI ES NEWS AND 18
COMMENTARY OF GENERA L INTEREST AND THAT PUBLISHES A DECEPTIV E AND 19
FRAUDULENT DEEPFAKE IF THE WEBSITE OR PE RIODICAL CLEARLY STA TES THAT 20
THE MATERIALLY DECEP TIVE AUDIO OR VISUAL MEDIA DOES NOT ACCUR ATELY 21
REPRESENT THE SPEECH OR CONDUCT OF THE CANDIDATE.; OR 22
(4) TO ANY ONLINE PUBLIS HER OR SERVICE PROVI DER FOR ACTS 23
THAT WOULD BE SUBJECT TO IMMUNITY UNDER 47 U.S.C. § 230. 24
(C) A PERSON MAY NOT KNOWI NGLY OR WITH RECKLES S DISREGARD USE 25
CREATE, USE, OR DISSEMINATE A DEE PFAKE TO PRODUCE MAT ERIALLY FALSE 26
INFORMATION IF: 27
(1) THE PERSON HAS THE INTENT TO USE THE DEEPFAKE TO: 28
(1) (I) IMPEDE, INFLUENCE, PREVENT, OR ATTEMPT TO IMPEDE , 29
INFLUENCE, OR PREVENT A VOTER’S DECISION TO CAST A BALLOT; 30
6 SENATE BILL 141
(2) (II) MISREPRESENT FACTS R ELATING TO VOTER 1
REGISTRATION, VOTING METHODS , ELECTION RESULTS , ELECTORAL PROCESSES, 2
OR OFFICIAL DUTIES OF AN ELECTION OFFICIAL; OR 3
(3) (III) INDUCE OR ATTEMPT TO INDUCE ANOTHER INDIVIDUAL TO 4
SIGN OR NOT SIGN A PETITION FOR A QUESTION TO APPEAR ON A BALLOT.; OR 5
(IV) INFLUENCE OR ATTEMPT TO INFLUENCE A VOTER ’S 6
DECISION WHETHER TO VOTE FOR OR AGAINST A CANDIDATE OR BALLOT ISSUE; AND 7
(2) THE CREATION , USE, OR DISSEMINATION OF THE DEEPFAKE 8
RESULTS, OR HAS THE INTENT TO RESULT, IN HARM TO A VOTER, POTENTIAL VOTER, 9
OR PETITION. 10
(D) A PERSON WHO VIOLATES SUBSECTION (C) OF THIS SECTION IS GUILTY 11
OF A MISDEMEANOR AND ON CONVICTION IS SUBJECT TO A FINE OF NOT MORE THAN 12
$5,000 OR IMPRISONMENT FOR NOT MORE THAN 5 YEARS OR BOTH. 13
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 14
1, 2026. 15
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.