AI Frontier Institute

Election Law - Election Misinformation, Election Disinformation, and Deepfakes

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Maryland Chapter 444 (Senate Bill 141), approved by the Governor on May 12, 2026, takes effect June 1, 2026 (Section 2). It amends Election Law § 2–110 and adds § 16–905. 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 communicated, the Administrator must distribute accurate corrective information to the public. The Administrator may also seek an injunction under the Maryland Rules to remove the content from any online platform. The Administrator may issue a subpoena under the federal Stored Communications Act, if applicable, for records on the content's dissemination, including its targeted audience. The Administrator may not seek an injunction against an interactive computer service, as defined in 47 U.S.C. § 230, for content disseminated by another person. The State Board, in consultation with the Administrator, may file a civil action against a person, campaign, PAC, or other legal entity. To do so, it must find that the entity created, used, or disseminated election disinformation, or election misinformation with reckless disregard. It must also have incurred costs to publish corrections. The Board may seek damages, court costs, and attorney's fees, but not against persons exempt under § 16–905. A court may award these only on clear and convincing evidence. The Board may not sue persons exempt under § 16–905 or those working 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 recording, 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. The person must intend to impede or influence a voter's decision to cast a ballot, misrepresent voting facts or processes, induce someone to sign or not sign a ballot petition, or influence votes for or against a candidate or ballot issue. The deepfake must also cause, or be intended to cause, harm to a voter, potential voter, or petition. Violation is a misdemeanor punishable by a fine of up to $5,000, imprisonment of up to 5 years, or both. Exemptions cover satire or parody, certain broadcasters, news websites and periodicals that include a disclaimer, and online publishers or service providers immune under 47 U.S.C. § 230.

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