Election Law - Election Misinformation, Election Disinformation, and Deepfakes, the official text

WES MOORE, Governor                  Ch. 444

Chapter 444

                   (Senate Bill 141)

AN ACT concerning

Election Law – Election Misinformation, Election Disinformation, and
                                              Deepfakes

FOR the purpose of requiring and authorizing the State Administrator of Elections to take
         certain actions if the State Administrator receives a credible report that election
         misinformation or election disinformation has been or is being communicated,
         disseminated, or distributed; authorizing the State Board of Elections to file a certain
         civil action related to election misinformation or election disinformation; prohibiting
         a person, under certain circumstances, from knowingly or with reckless disregard,
         creating, using, or disseminating a deepfake to produce materially false information;
         and generally relating to election misinformation, election disinformation, and
         deepfakes.

BY repealing and reenacting, with amendments,
         Article – Election Law
         Section 2–110
         Annotated Code of Maryland
         (2022 Replacement Volume and 2025 Supplement)

BY adding to
         Article – Election Law
         Section 16–905
         Annotated Code of Maryland
         (2022 Replacement Volume and 2025 Supplement)

         SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:

                   Article – Election Law

2–110.

(a) (1) In this section the following words have the meanings indicated.

                  (2) “Election disinformation” means incorrect or misleading information
regarding the time, place, or manner of an election, election results, or voting rights in the
State that is knowingly and deliberately disseminated.

                  (3) “Election misinformation” means incorrect or misleading information
regarding the time, place, or manner of an election, election results, or voting rights in the
State.

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Ch. 444           2026 LAWS OF MARYLAND

         (b) (1) The State Board shall maintain a portal on the State Board’s website
that the public may use to report election misinformation and election disinformation.

                  (2) The State Board shall conduct a periodic review of material submitted
by the public through the portal and, to the extent necessary, issue corrective information
or refer submissions to the State Prosecutor.

        (C) (1) (I) IF THE STATE ADMINISTRATOR RECEIVES A CREDIBLE
REPORT THAT ELECTION MISINFORMATION OR ELECTION DISINFORMATION,
INCLUDING A DEEPFAKE, HAS BEEN OR IS BEING COMMUNICATED, DISSEMINATED,
OR DISTRIBUTED, THE STATE ADMINISTRATOR:

                  (I) 1. SHALL  COMMUNICATE,  DISSEMINATE,  OR

DISTRIBUTE TO THE PUBLIC ACCURATE INFORMATION TO CORRECT THE ELECTION

MISINFORMATION OR ELECTION DISINFORMATION;

                         (II) 2. EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS
PARAGRAPH, MAY SEEK AN INJUNCTION IN ACCORDANCE WITH THE MARYLAND
RULES FOR THE REMOVAL OF THE ELECTION MISINFORMATION OR ELECTION
DISINFORMATION FROM ANY ONLINE PLATFORM; AND

                         (III) 3. MAY ISSUE A SUBPOENA IN ACCORDANCE WITH THE
FEDERAL STORED COMMUNICATIONS ACT, IF APPLICABLE, FOR RECORDS RELATED

TO THE DISSEMINATION OR DISTRIBUTION OF THE ELECTION MISINFORMATION OR

ELECTION DISINFORMATION, INCLUDING INFORMATION RELATED TO THE
TARGETED AUDIENCE.

                         (II) THE STATE ADMINISTRATOR MAY NOT SEEK AN
INJUNCTION UNDER SUBPARAGRAPH (I)2 OF THIS PARAGRAPH AGAINST AN
INTERACTIVE COMPUTER SERVICE, AS DEFINED IN 47 U.S.C. § 230, FOR CONTENT

DISSEMINATED BY ANOTHER PERSON THROUGH THE INTERACTIVE COMPUTER

SERVICE.

                (2) (I) THE STATE BOARD MAY NOT FILE A CIVIL ACTION UNDER
THIS PARAGRAPH AGAINST A PERSON:

                  1. EXEMPT FROM THE REQUIREMENTS OF § 16–905 OF

THIS ARTICLE; OR

                                 2. WHO SEEKS TO DETECT, REPORT, PREVENT,
INVESTIGATE, RESPOND TO, OR PROSECUTE PERSONS RESPONSIBLE FOR SECURITY

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                                     WES MOORE, Governor              Ch. 444

BREACHES, IDENTITY THEFT, FRAUD, HARASSMENT, OR OTHER MALICIOUS OR
ILLEGAL ACTIVITY.

                         (II) THE STATE BOARD, IN CONSULTATION WITH THE STATE
ADMINISTRATOR, MAY FILE A CIVIL ACTION IN A COURT OF COMPETENT
JURISDICTION WITHIN THE STATE AGAINST A PERSON, CAMPAIGN, POLITICAL
ACTION COMMITTEE, OR OTHER LEGAL ENTITY IF THE STATE BOARD:

                         (I) 1. FINDS THAT THE ENTITY PUBLISHED PERSON
CREATED, USED, OR DISSEMINATED ELECTION MISINFORMATION OR ELECTION
DISINFORMATION:

         A. ELECTION DISINFORMATION; OR

                                 B.  WITH  RECKLESS       DISREGARD,  ELECTION
MISINFORMATION; AND

                         (II) 2. INCURS COSTS TO COMMUNICATE, DISSEMINATE, OR

DISTRIBUTE TO THE PUBLIC ACCURATE INFORMATION TO CORRECT THE ELECTION

MISINFORMATION OR ELECTION DISINFORMATION.

                (3) (I) THE EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS
PARAGRAPH, THE THE STATE BOARD MAY SEEK DAMAGES, COURT COSTS, AND
ATTORNEY’S FEES IN A CIVIL ACTION FILED UNDER PARAGRAPH (2) (2)(II) OF THIS
SUBSECTION.

                         (II) THE STATE BOARD MAY NOT SEEK DAMAGES, COURT
COSTS, OR ATTORNEY’S FEES UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH IN A
CIVIL ACTION AGAINST A PERSON EXEMPT FROM THE REQUIREMENTS OF § 16–905
OF THIS ARTICLE.

                (4) A COURT MAY AWARD DAMAGES, COURT COSTS, OR ATTORNEY’S
FEES IN A CIVIL ACTION FILED UNDER PARAGRAPH (2)(II) OF THIS SUBSECTION

ONLY BASED ON A SHOWING BY CLEAR AND CONVINCING EVIDENCE THAT THE

PERSON, CAMPAIGN, POLITICAL ACTION COMMITTEE, OR OTHER LEGAL ENTITY
CREATED, USED, OR DISSEMINATED:

         (I) ELECTION DISINFORMATION; OR

         (II) WITH RECKLESS DISREGARD, ELECTION MISINFORMATION.

16–905.

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Ch. 444  2026 LAWS OF MARYLAND

        (A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.

                (2) “DEEPFAKE” MEANS AN IMAGE, AN AUDIO RECORDING, OR A

VIDEO RECORDING THAT HAS BEEN INTENTIONALLY CREATED OR MANIPULATED
WITH THE USE OF GENERATIVE ARTIFICIAL INTELLIGENCE OR OTHER DIGITAL
TECHNOLOGY TO CREATE A REALISTIC BUT FALSE DEPICTION OF A PERSON THAT
AN ORDINARY PERSON WOULD CONCLUDE IS AN ACTUAL VISUAL OR AUDIO

REPRESENTATION OF THE PERSON DEPICTED.

         (3) “INFLUENCE” HAS THE MEANING STATED IN § 16–201 OF THIS

TITLE.

(B) THIS SECTION DOES NOT APPLY:

         (1) WITH RESPECT TO A DEEPFAKE THAT IS SATIRE OR PARODY;

                (2) TO A RADIO OR TELEVISION BROADCASTING STATION, INCLUDING
A CABLE OR SATELLITE TELEVISION OPERATOR, PROGRAMMER, OR PRODUCER, OR
AN AFFILIATE OF THE RADIO OR TELEVISION BROADCASTING STATION, THAT
BROADCASTS A DECEPTIVE AND FRAUDULENT DEEPFAKE IF:

                         (I) THE BROADCAST IS REQUIRED BY THE FEDERAL LAW THAT

REQUIRES BROADCASTERS TO AIR ADVERTISEMENTS FROM LEGALLY QUALIFIED

CANDIDATES;

         (II) THE BROADCAST:

                                 1. IS PART OF A BONA FIDE NEWSCAST, A NEWS
INTERVIEW, A NEWS DOCUMENTARY, OR ON–THE–SPOT COVERAGE OF BONA FIDE
NEWS EVENTS; AND

                                 2. CLEARLY IDENTIFIES TO THE AUDIENCE THROUGH

CONTENT OR A DISCLOSURE IN A MANNER THAT CAN BE EASILY HEARD OR READ BY
THE AVERAGE LISTENER OR VIEWER THAT THE DEEPFAKE MAY CONTAIN DECEPTIVE

AUDIO OR VISUAL MEDIA; OR

         (III) THE BROADCASTER HAS:

         1. BEEN PAID TO BROADCAST THE DEEPFAKE; AND

                                 2. MADE A GOOD FAITH EFFORT TO ESTABLISH THAT
THE DEEPFAKE IS NOT A DECEPTIVE AND FRAUDULENT DEEPFAKE; OR

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WES MOORE, Governor  Ch. 444

                (3) TO A WEBSITE OR REGULARLY PUBLISHED NEWSPAPER,
MAGAZINE, OR OTHER PERIODICAL OF GENERAL CIRCULATION, INCLUDING AN
INTERNET OR ELECTRONIC PUBLICATION, THAT ROUTINELY CARRIES NEWS AND

COMMENTARY OF GENERAL INTEREST AND THAT PUBLISHES A DECEPTIVE AND
FRAUDULENT DEEPFAKE IF THE WEBSITE OR PERIODICAL CLEARLY STATES THAT
THE MATERIALLY DECEPTIVE AUDIO OR VISUAL MEDIA DOES NOT ACCURATELY

REPRESENT THE SPEECH OR CONDUCT OF THE CANDIDATE.; OR

                (4) TO ANY ONLINE PUBLISHER OR SERVICE PROVIDER FOR ACTS
THAT WOULD BE SUBJECT TO IMMUNITY UNDER 47 U.S.C. § 230.

        (C) A PERSON MAY NOT KNOWINGLY OR WITH RECKLESS DISREGARD USE
CREATE, USE, OR DISSEMINATE A DEEPFAKE TO PRODUCE MATERIALLY FALSE
INFORMATION IF:

                (1) THE PERSON HAS THE INTENT TO USE THE DEEPFAKE TO:

                (1) (I) IMPEDE, INFLUENCE, PREVENT, OR ATTEMPT TO IMPEDE,
INFLUENCE, OR PREVENT A VOTER’S DECISION TO CAST A BALLOT;

                (2) (II) MISREPRESENT FACTS RELATING TO VOTER
REGISTRATION, VOTING METHODS, ELECTION RESULTS, ELECTORAL PROCESSES,
OR OFFICIAL DUTIES OF AN ELECTION OFFICIAL; OR

                (3) (III) INDUCE OR ATTEMPT TO INDUCE ANOTHER INDIVIDUAL TO
SIGN OR NOT SIGN A PETITION FOR A QUESTION TO APPEAR ON A BALLOT.; OR

                         (IV) INFLUENCE OR ATTEMPT TO INFLUENCE A VOTER’S
DECISION WHETHER TO VOTE FOR OR AGAINST A CANDIDATE OR BALLOT ISSUE; AND

                (2) THE CREATION, USE, OR DISSEMINATION OF THE DEEPFAKE
RESULTS, OR HAS THE INTENT TO RESULT, IN HARM TO A VOTER, POTENTIAL VOTER,
OR PETITION.

        (D) A PERSON WHO VIOLATES SUBSECTION (C) OF THIS SECTION IS GUILTY

OF A MISDEMEANOR AND ON CONVICTION IS SUBJECT TO A FINE OF NOT MORE THAN

$5,000 OR IMPRISONMENT FOR NOT MORE THAN 5 YEARS OR BOTH.

         SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June
1, 2026.

Approved by the Governor, May 12, 2026.

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