AI Frontier Institute

Election Law - Election Misinformation, Election Disinformation, and Deepfakes

View primary source →

Maryland House Bill 145 (engrossed; not enacted) would amend Election Law § 2–110 and add § 16–905 to address election misinformation, election disinformation, and deepfakes. Under § 2–110(c), if the State Administrator of Elections receives a credible report that election misinformation or disinformation (including a deepfake) has been or is being spread, the Administrator shall distribute accurate corrective information to the public. The Administrator may also seek an injunction to remove the content from an online platform and may issue a subpoena under the federal Stored Communications Act, if applicable, for records on its dissemination, including targeted audience. The Administrator may not seek an injunction against an interactive computer service (47 U.S.C. § 230) to remove content posted by another person. The State Board, in consultation with the Administrator, may sue a person, campaign, PAC, or other entity that created, used, or disseminated election disinformation (or, with reckless disregard, misinformation) and incurred costs to issue corrections. It may seek damages, court costs, and attorney's fees, but a court may award them only on clear and convincing evidence. The Board may not sue persons exempt under § 16–905 or those seeking to detect or respond to security breaches, identity theft, fraud, harassment, or other malicious or illegal activity. New § 16–905 defines "deepfake" as an image, audio, or video created or manipulated with generative AI or other digital technology to make a realistic but false depiction of a person. It bars a person from knowingly or with reckless disregard creating, using, or disseminating a deepfake to produce materially false information when they intend to impede or influence a voter's decision to cast a ballot, misrepresent voting or election facts, induce signing or not signing a ballot petition, or influence votes for or against a candidate or ballot issue, and the deepfake results or is intended to result in harm to a voter, potential voter, or petition. Violation is a misdemeanor punishable by a fine of up to $5,000, up to 5 years' imprisonment, or both. Exemptions cover satire or parody, certain broadcasters, and news publications that carry disclosures. Interactive computer services, ISPs, cloud, streaming, and telecom providers are not liable solely because others used their services. The bill would take effect June 1, 2026.

← Back to the tracker