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*sb0697*
SENATE BILL 697
G1 6lr1848
By: Senator Feldman Senators Feldman and Hester
Introduced and read first time: February 6, 2026
Assigned to: Education, Energy, and the Environment
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: March 2, 2026
CHAPTER ______
AN ACT concerning 1
Election Law – Actions to Influence an Election – Social Media Platform 2
Algorithms and Bots Purchased by Foreign Nationals 3
FOR the purpose of establishing a rebuttable presumption that a social media platform has 4
made an independent expenditure to a certain candidate if the social media platform 5
knowingly and purposefully alters its algor ithm to amplify certain political content 6
for the benefit of the candidate; establishing certain penalties for a social media 7
platform that is deemed to have made an independent expenditure and fails to file a 8
certain independent expenditure report; prohibiting a foreign national from using a 9
bot to publish, distribute, or disseminate campaign material or artificially amplify 10
political content to users of an online platform for a certain purpose; and generally 11
relating to actions to influence an election. 12
BY adding to 13
Article – Election Law 14
Section 13–251 15
Annotated Code of Maryland 16
(2022 Replacement Volume and 2025 Supplement) 17
BY repealing and reenacting, with amendments, 18
Article – Election Law 19
Section 13–401.1 20
Annotated Code of Maryland 21
(2022 Replacement Volume and 2025 Supplement) 22
2 SENATE BILL 697
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
13–251. 4
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 5
INDICATED. 6
(2) “CONTENT” MEANS TEXT , IMAGES, VIDEOS, MEMES, GRAPHICS, 7
AND OTHER EXPRESSIVE MEDIA CREATED BY A P ERSON THAT ARE SHARE D OR 8
DISSEMINATED ON A SOCIAL MEDIA PLATFORM. 9
(3) “LEGITIMATE BUSINESS P URPOSE” DOES NOT INCLUDE A 10
BUSINESS DECISION TO SUPPORT OR OPPOSE A CANDIDATE DUE TO THE PERCEIVED 11
COMMERCIAL OR FINANCIAL BENEFIT TO THE PERSON IF THE CANDIDATE WINS OR 12
LOSES THE ELECTION. 13
(4) “POLITICAL CONTENT” MEANS CONTENT THAT: 14
(I) EXPRESSES OPINIONS O R VIEWPOINTS ON A CL EARLY 15
IDENTIFIED CANDIDATE IN AN ELECTION THAT ARE DESIGNED TO INFLUENC E A 16
VOTER TO CAST A VOTE OR MAKE A VOTING DECISION IN THAT ELECTION; OR 17
(II) IS CAMPAIGN MATERIALS. 18
(5) “SOCIAL MEDIA PLATFORM ” MEANS A WEBSITE OR M OBILE 19
APPLICATION THAT: 20
(I) ALLOWS USERS TO UPLO AD, CREATE, SHARE, AND VIEW 21
CONTENT TO SHARE WITH OTHER USERS; AND 22
(II) ENABLES USERS VIEWIN G CONTENT TO REACT , COMMENT, 23
OR SHARE THE CONTENT VIEWED BY THE USER; 24
(III) ALLOWS USERS TO CONS TRUCT A PUBLIC OR SE MIPUBLIC 25
PROFILE FOR THE PURP OSES OF SIGNING INTO AND USING THE S ERVICE OR 26
APPLICATION; AND 27
(IV) ALLOWS USERS TO POPU LATE A PUBLIC LIST O F OTHER 28
USERS WITH WHOM AN I NDIVIDUAL SHARES A S OCIAL CONNECTION WIT HIN THE 29
SYSTEM. 30
SENATE BILL 697 3
(B) THIS SECTION APPLIES ONLY WITH RESPECT TO CANDIDATES FOR 1
PUBLIC STATE OR LOCAL OFFICES IN THE STATE. 2
(C) (1) A SOCIAL MEDIA PLATFOR M THAT KNOWINGLY AND PURPOSELY 3
ALTERS ITS ALGORITHM TO AMPLIFY POLITICAL CONTENT TO USERS THA T IS 4
BENEFICIAL TO A CLEA RLY IDENTIFIED CANDI DATE FOR THE PURPOSE OF 5
INFLUENCING AN ELECT ION IS PRES UMED TO HAVE MADE AN INDEPENDENT 6
EXPENDITURE IF: 7
(I) THE ALTERATION TO THE ALGORITHM IS MADE WITHOUT: 8
1. A LEGITIMATE BUSINES S PURPOSE OR STANDAR D 9
POLICY FOR EDITORIAL CONTROL AND JUDGMENT BEFORE AN ELECTION; AND 10
2. THE COOPERATION , CONSULTATION, 11
UNDERSTANDING, AGREEMENT, OR CONCERT WITH THE CLEARLY IDENTIFIED 12
CANDIDATE; AND 13
(II) THE POLITICAL CONTEN T IS NOT PAID ADVERT ISING FOR 14
THE CLEARLY IDENTIFI ED CANDIDATE OR A PO LITICAL PARTY, AN AGENT OF THE 15
CANDIDATE OR A POLITICAL PARTY, OR A CAMPAIGN FINANCE ENTITY. 16
(2) THE VALUE OF AN INDEP ENDENT EXPENDITURE M ADE UNDER 17
PARAGRAPH (1) OF THIS SUBSECTION SHALL BE DETERMINED BY THE FAIR MARKET 18
VALUE OF THE COST TO BOOST CONTENT ON THE SOCIAL MEDIA PLATFORM BASED 19
ON: 20
(I) THE FACTORS USED BY THE SOCIAL MEDIA PLATFOR M TO 21
DETERMINE COSTS; AND 22
(II) THE ACTUAL EFFECT OF THE ALTERATIONS TO T HE 23
ALGORITHM. 24
(D) A SOCIAL MEDIA PLATFOR M MAY REBUT THE PRES UMPTION UNDER 25
SUBSECTION (C) OF THIS SECTION BY P RESENTING SUFFICIENT CONTRARY 26
EVIDENCE AND OBTAI NING A DECLARATORY R ULING FROM THE STATE BOARD 27
THAT: 28
(1) THE ALTERATION TO TH E ALGORITHM WAS NOT FOR THE 29
PURPOSE OF INFLUENCING AN ELECTION; 30
(2) THE AMPLIFIED POLITI CAL CONTENT WAS THE RESULT OF 31
ORGANIC VIRALITY; OR 32
4 SENATE BILL 697
(3) A LEGITIMATE BUSINESS PURPOSE OR EDITORIAL CONTROL OVER 1
CONTENT MODERATION W AS NOT THE RESULT OF THE ADVANCEMENT OF A 2
SPECIFIC POLITICAL VIEWPOINT OR IDEOLOGY. 3
(E) A PERSON THAT IS DEEMED TO MAKE AN INDEPENDENT EXPENDITURE 4
UNDER SUBSECTION (C) OF THIS SECTION AND WILLFULLY AND KNOWINGLY FAILS 5
TO FILE A REPORT AS REQUIRED UNDER § 13–306 OF THIS TITLE IS GUI LTY OF A 6
MISDEMEANOR AND ON C ONVICTION IS SUBJECT TO A FINE NOT EXCEED ING 300% 7
OF THE AMOUNT BY WHICH THE INDEPENDENT EXPENDITURE MADE BY THE PERSON 8
EXCEEDED THE APPLICA BLE C ONTRIBUTION LIMIT UN DER § 13–226 OF THIS 9
SUBTITLE. 10
(F) (1) THE STATE ADMINISTRATOR OR THE STATE ADMINISTRATOR’S 11
DESIGNEE MAY INVESTIGATE A POTENTIAL VIOLATION OF § 13–306 OF THIS TITLE 12
BY A PERSON WHO IS D EEMED TO HAVE MADE A N INDEPENDENT EXPEND ITURE 13
UNDER SUBSECTION (C) OF THIS SECTION. 14
(2) THE STATE ADMINISTRATOR OR THE STATE ADMINISTRATOR’S 15
DESIGNEE SHALL: 16
(I) NOTIFY A SOCIAL MEDIA PLATFORM THAT IS SUBJECT TO AN 17
INVESTIGATION UNDER THIS SUBSECTION OF T HE CIRCUMSTANCES THA T GAVE 18
RISE TO THE INVESTIGATION; AND 19
(II) PROVIDE THE SOCIAL M EDIA PLATFORM AMPLE 20
OPPORTUNITY TO BE HEARD AT A PUBLIC MEETING OF THE STATE BOARD. 21
(3) (I) IN FURTHERANCE OF AN INVESTIGATION UNDER 22
PARAGRAPH (1) OF THIS SUBSECTION, THE STATE ADMINISTRATOR OR THE STATE 23
ADMINISTRATOR’S DESIGNEE MAY ISSUE A SUBPOENA FOR THE ATTENDANCE OF A 24
WITNESS TO TESTIFY OR THE PRODUCTION OF RECORDS. 25
(II) A SUBPOENA ISSUED UNDE R THIS PARAGRAPH SHA LL BE 26
SERVED IN ACCORDANCE WITH THE MARYLAND RULES. 27
(III) IN ORDER FOR A SUBPOE NA T O BE ISSUED UNDER TH IS 28
PARAGRAPH, THE STATE ADMINISTRATOR SHALL M AKE A FINDING THAT T HE 29
SUBPOENA IS NECESSARY TO AND IN FURTHERA NCE OF AN INVESTIGAT ION BEING 30
CONDUCTED UNDER PARAGRAPH (1) OF THIS SUBSECTION. 31
(IV) ANY FILING SUBMITTED TO A COURT WITH RE SPECT TO A 32
SUBPOENA UNDER THIS PARAGRAPH SHALL BE SEALED SHIELDED ON FILING. 33
SENATE BILL 697 5
(V) IF A PERSON FAILS TO COMPLY WITH A SUBPOE NA ISSUED 1
UNDER THIS PARAGRAPH, ON PETITION OF THE STATE ADMINISTRATOR, A CIRCUIT 2
COURT OF COMPETENT J URISDICTION MAY COMP EL COMPL IANCE WITH THE 3
SUBPOENA. 4
(4) AT THE CONCLUSION OF THE INVESTIGATION AN D FOLLOWING 5
THE HEARING UNDER PARAGRAPH (2)(II) OF THIS SUBSECTION, THE STATE BOARD 6
SHALL ISSUE A PUBLIC REPORT OF ITS FINDINGS AND MAY: 7
(I) IMPOSE A CIVIL PENALTY AS PROVIDED IN PARAGRAPH (5) 8
OF THIS SUBSECTION IF THE STATE BOARD DETERMINES THAT THE SOCIAL MEDIA 9
PLATFORM HAS UNINTENTIONALLY VIOLATED § 13–306 OF THIS TITLE; OR 10
(II) REFER THE MATTER FOR FURTHER INVESTIGATION BY THE 11
STATE PROSECUTOR IF THE STATE BOARD HAS REASONABLE CAUSE TO BELIEVE 12
THAT THE SOCIAL MEDI A PLATFORM HAS WILLF ULLY AND KNOWINGLY V IOLATED 13
THIS SECTION. 14
(5) A CIVIL PENALTY UNDER PARAGRAPH (4)(I) OF THIS SUBSECTION: 15
(I) SHALL BE ASSESSED IN THE MANNER SPECIFIED IN § 16
13–604.1 OF THIS TITLE; AND 17
(II) MAY NOT EXCEED: 18
1. 100% OF THE AMOUNT BY WHICH THE INDEPENDENT 19
EXPENDITURE MADE BY THE SOCIAL MEDIA PLATFORM EXCEEDED THE APPLICABLE 20
CONTRIBUTION LIMIT UNDER § 13–226 OF THIS SUBTITLE; OR 21
2. 100% OF THE AMOUNT BY WHICH THE INDEPENDENT 22
EXPENDITURE OF WHICH THE CANDIDATE OR POL ITICAL PARTY WAS THE 23
BENEFICIARY EXCEEDED THE APPLICABLE CONTRIBUTION LIMIT UNDER § 13–226 24
OF THIS SUBTITLE. 25
(G) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, A 26
FINE OR PENALTY IMPO SED UNDER THIS S ECTION SHALL BE PAID BY THE SOCIAL 27
MEDIA PLATFORM THAT COMMITTED THE VIOLATION. 28
(2) A CANDIDATE MAY NOT BE HELD JOINTLY AND SEV ERALLY 29
LIABLE FOR A FINE OR PENALTY IMPOSED UNDER THIS SECTION UNLES S A COURT 30
OR THE STATE BOARD FINDS THAT THE CANDIDATE ENGAGED IN CONDUCT THAT 31
CONSTITUTES COORDINATION WITH A PERSON UNDER THIS SECTION. 32
6 SENATE BILL 697
(H) A FINE OR PENALTY IMPO SED UNDER THIS SECTI ON SHALL BE 1
DISTRIBUTED TO THE FAIR CAMPAIGN FINANCING FUND ESTABLISHED UNDE R § 2
15–103 OF THIS ARTICLE. 3
(I) THE STATE BOARD MAY ADOPT REGULATIONS TO CARRY OUT THIS 4
SECTION. 5
13–401.1. 6
(a) (1) In this section the following words have the meanings indicated. 7
(2) “Bot” means an automated online account where all or substantially all 8
of the actions or posts of that account are not the result of a person. 9
(3) “CONTENT” HAS THE MEANING STAT ED IN § 13–251 OF THIS 10
TITLE. 11
(4) “FOREIGN NATIONAL” MEANS: 12
(I) AN INDIVIDUAL WHO IS A CITIZEN OF A FOREIGN COUNTRY; 13
(II) A GOVERNMENT OF A FO REIGN COUNTRY OR OF A 14
POLITICAL SUBDIVISION OF A FOREIGN COUNTRY; 15
(III) A FOREIGN POLITICAL PARTY; OR 16
(IV) AN INDIVIDUAL , A PARTNERSHIP , AN ASSOCIATION , A 17
CORPORATION, AN ORGANIZATION, OR ANY OTHER COMBINATION OF INDIVIDUALS 18
ORGANIZED UNDER THE LAWS OF OR HAVING ITS PRINCIPAL PLACE OF BUSINESS IN 19
A FOREIGN COUNTRY. 20
[(3)] (5) “Online” means appearing on any public–facing Internet website, 21
web application, or digital application, including a social network or publication. 22
(6) “POLITICAL CONTENT” HAS THE MEANING STATED IN § 13–251 OF 23
THIS TITLE. 24
(b) (1) This section applies to any candidate, campaign finance entity, person 25
required to register under § 13 –306, § 13–307, or § 13 –309.2 of this title, or an agent of a 26
candidate, campaign finance entity, or person required to regis ter under § 13 –306, § 27
13–307, or § 13–309.2 of this title. 28
(2) In addition to the requirements under §§ 13 –401 and 13 –403 of this 29
subtitle, a person subject to this section that uses a bot to publish, distribute, or disseminate 30
SENATE BILL 697 7
campaign material online to another person in the State for the purpose of influencing an 1
election shall disclose in a clear and conspicuous manner on the campaign material that 2
the person is using a bot to publish, distribute, or disseminate the campaign material. 3
(3) If a pe rson subject to this section violates the requirement under 4
paragraph (2) of this subsection, the State Board may seek to remove the bot. 5
(C) (1) A FOREIGN NATIONAL MAY NOT USE A BOT TO: 6
(I) PUBLISH, DISTRIBUTE, OR DISSEMINATE CAMPA IGN 7
MATERIAL ONLINE TO A PERSON IN THE STATE FOR THE PURPOSE OF INFLUENCING 8
AN ELECTION; OR 9
(II) ARTIFICIALLY AMPLIFY POLITICAL CONTENT TO USERS OF 10
AN ONLINE PLATFORM FOR THE PURPOSE OF INFLUENCING AN ELECTION. 11
(2) IF THE STATE BOARD DETERMINES THAT THERE HAS BEEN A 12
VIOLATION OF PARAGRAPH (1) OF THIS SUBSECTION, THE STATE BOARD MAY SEEK 13
TO REMOVE THE BOT. 14
[(c)] (D) This section does not impose a duty on service providers of online 15
platforms, including web hosting and Internet service providers. 16
SECTION 2. AND BE I T FURTHER ENACTED, That this Act shall take effect 17
October 1, 2026. 18
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.