Election Law - Election Misinformation, Election Disinformation, and Deepfakes
Enrolled on 4/14/26
Overview
This Maryland legislation establishes comprehensive regulations governing the use of artificial intelligence-generated content in elections and creates mechanisms to combat election misinformation and disinformation. The bill addresses the emerging threat of deepfakes and other digitally manipulated media that could undermine election integrity by misleading voters about fundamental aspects of the electoral process. By amending Article – Election Law Section 2–110 and adding new provisions under Section 16–905, the legislation creates both criminal penalties for malicious use of deepfakes and administrative processes for identifying and correcting false election-related information. The law balances these protective measures with explicit exceptions for legitimate speech including satire, parody, and news media operations, while empowering the State Board of Elections and State Administrator of Elections with new tools to monitor, report, and remediate election-related misinformation.
Legal References
- Article – Election Law Section 2–110, Annotated Code of Maryland (2022 Replacement Volume and 2025 Supplement)
- Article – Election Law Section 16–905, Annotated Code of Maryland (2022 Replacement Volume and 2025 Supplement)
Core Provisions
The legislation establishes three critical definitions that form the foundation of its regulatory framework. Election misinformation encompasses incorrect or misleading information regarding the time, place, or manner of elections, election results, or voting rights, without requiring proof of intent. Election disinformation applies the same definition but requires that the false information be knowingly and deliberately disseminated. A deepfake is defined as any image, audio recording, or video recording intentionally created or manipulated using generative artificial intelligence or other digital technology to create realistic but false depictions of persons. The bill creates criminal liability under Section 16–905(c) for anyone who knowingly or with reckless disregard uses or disseminates a deepfake to produce materially false information with specific intents: to impede, influence, prevent, or interfere with voter decisions; to misrepresent facts relating to voter registration, voting methods, election results, electoral processes, or official duties of election officials; or to induce or attempt to induce individuals to sign or refrain from signing ballot petitions. Violations constitute misdemeanors punishable by fines up to five thousand dollars, imprisonment for an unspecified term, or both. The legislation provides three categories of exceptions: content clearly identified as satire or parody; broadcasts by radio or television stations, cable or satellite operators, programmers, or producers under certain conditions; and publications by websites or periodicals of general circulation that clearly state the deepfake does not accurately represent the speech or conduct of candidates.
Key Points
- Election misinformation defined as incorrect or misleading information about elections without intent requirement
- Election disinformation defined as knowingly and deliberately disseminated false election information
- Deepfakes defined as AI-generated or digitally manipulated realistic but false depictions of persons
- Criminal prohibition on knowingly or recklessly using deepfakes to produce materially false election information
- Misdemeanor penalties including fines up to $5,000 and imprisonment
- Exceptions for satire, parody, broadcasting stations, and news media with proper disclaimers
Legal References
- Article – Election Law Section 16–905(a)(2), Annotated Code of Maryland
- Article – Election Law Section 16–905(a)(3), Annotated Code of Maryland
- Article – Election Law Section 16–905(c), Annotated Code of Maryland
- Article – Election Law Section 16–905(d), Annotated Code of Maryland
- Article – Election Law Section 16–905(b), Annotated Code of Maryland
- Article – Election Law Section 16–201, Annotated Code of Maryland
Implementation
The State Board of Elections assumes primary responsibility for implementing the legislation's monitoring and reporting infrastructure. The Board must establish and maintain a public-facing portal that allows citizens to report instances of election misinformation and disinformation. This creates a crowdsourced surveillance mechanism that leverages public participation in identifying problematic content. The State Administrator of Elections receives operational authority to respond to reported misinformation and disinformation by communicating accurate information to correct false narratives. Beyond mere corrective messaging, the Administrator possesses the power to seek injunctive relief compelling online platforms to remove misinformation and disinformation. This injunctive authority represents a significant enforcement tool that extends state power over digital platforms. The legislation takes effect on June 1, 2026, providing a substantial implementation period for the State Board and Administrator to develop the reporting portal, establish protocols for evaluating reports, create response procedures, and potentially develop relationships with online platforms regarding content removal. The delayed effective date also allows time for public education about the new prohibitions and reporting mechanisms.
Key Points
- State Board of Elections must maintain public portal for reporting election misinformation and disinformation
- State Administrator of Elections authorized to communicate accurate information to correct false narratives
- State Administrator may seek injunctions for removal of misinformation from online platforms
- Effective date of June 1, 2026 provides implementation period
Legal References
- Article – Election Law Section 16–905(b)(1), Annotated Code of Maryland
- Article – Election Law Section 16–905(c)(1), Annotated Code of Maryland
Impact
The legislation directly benefits Maryland voters by protecting them from sophisticated digital manipulation designed to suppress turnout, misdirect voting behavior, or undermine confidence in election results. Election officials gain legal tools to combat emerging technological threats to election integrity without waiting for federal action. Political candidates receive protection against deepfake attacks that could falsely portray their statements or conduct. The administrative burden falls primarily on the State Board of Elections and State Administrator of Elections, who must develop and maintain the reporting portal, evaluate incoming reports for credibility and actionability, craft corrective messaging, and potentially pursue litigation for injunctive relief. Online platforms face potential compliance costs if served with injunctions requiring content removal, though the legislation does not impose direct obligations on platforms. The criminal penalties create deterrent effects for individuals and organizations considering the use of deepfakes for electoral manipulation. Media organizations and content creators benefit from clear exceptions that protect satire, parody, and news reporting, though they must navigate the disclaimer requirements for the media exception. The legislation contains no sunset provision, establishing permanent authority for election officials to combat misinformation and permanent criminal liability for deepfake misuse.
Key Points
- Voters protected from AI-generated misinformation designed to manipulate electoral behavior
- Election officials gain tools to combat technological threats to election integrity
- Political candidates protected from deepfake attacks
- State Board of Elections and Administrator face increased administrative responsibilities
- Online platforms may face compliance costs from injunctive actions
- Media organizations receive clear exceptions for satire, parody, and news reporting
- No sunset provision creates permanent regulatory framework
Legal Framework
The legislation operates under Maryland's constitutional authority to regulate elections and protect the integrity of its electoral processes. The state's police power provides the foundation for criminal penalties addressing conduct that threatens public interests in fair and accurate elections. The statutory framework builds upon existing election law provisions in the Annotated Code of Maryland, specifically amending Section 2–110 and adding Section 16–905 to create a cohesive regulatory scheme. The criminal prohibitions must withstand First Amendment scrutiny, which the legislation attempts to address through narrow tailoring focused on knowingly or recklessly false speech with specific harmful intents, rather than broader content restrictions. The exceptions for satire, parody, and news media reflect constitutional requirements that speech restrictions not burden protected expression. The injunctive authority granted to the State Administrator raises questions about prior restraint doctrine, as courts traditionally disfavor government actions that prevent speech before it occurs, though the legislation frames this as remedial action against already-disseminated content. The law does not explicitly preempt local ordinances, suggesting concurrent jurisdiction remains possible, though the comprehensive state framework may occupy the field of election-related misinformation regulation. The legislation does not specify judicial review procedures beyond standard mechanisms for challenging criminal convictions and injunctive orders, leaving defendants and affected platforms to pursue appeals through Maryland's general appellate processes.
Key Points
- State police power and election regulation authority provide constitutional basis
- First Amendment constraints require narrow tailoring to knowingly or recklessly false speech
- Exceptions for satire, parody, and news media address constitutional speech protections
- Injunctive authority raises prior restraint concerns under First Amendment doctrine
- No explicit preemption of local ordinances
- Standard judicial review procedures apply to criminal convictions and injunctions
Legal References
- U.S. Constitution, First Amendment
- Article – Election Law Section 2–110, Annotated Code of Maryland
- Article – Election Law Section 16–905, Annotated Code of Maryland
Critical Issues
The legislation faces substantial constitutional challenges under the First Amendment, particularly regarding the breadth of prohibited speech and the vagueness of key terms. The definition of deepfakes as content that creates realistic but false depictions could encompass legitimate political commentary, edited videos, or composite images that do not rise to the level of dangerous misinformation. The reckless disregard standard may prove difficult to apply consistently, as it requires determining a speaker's mental state regarding the falsity of information. The injunctive authority granted to the State Administrator creates prior restraint concerns, as government officials gain power to seek removal of speech from online platforms based on determinations that content constitutes misinformation or disinformation. Courts have historically viewed such government-initiated content removal with skepticism absent clear procedural protections and narrow circumstances. The satire and parody exception lacks clear definitional boundaries, creating uncertainty about what content qualifies for protection and potentially chilling legitimate political humor. The media exception's requirement that outlets clearly state deepfakes do not accurately represent candidates creates a disclosure mandate that may itself burden speech. Implementation challenges include the difficulty of monitoring the vast volume of online content, the technical complexity of identifying AI-generated material, and the resource demands of investigating reports and pursuing enforcement actions. The State Board of Elections and Administrator must develop expertise in digital forensics and content authentication while managing a potentially overwhelming volume of reports. The legislation provides no funding mechanism for these new responsibilities, creating unfunded mandate concerns. The criminal penalties may prove difficult to enforce against out-of-state actors or anonymous online sources, limiting the law's practical deterrent effect. The absence of a specified imprisonment term in Section 16–905(d) creates ambiguity about sentencing that courts must resolve. Opposition arguments emphasize the chilling effect on political speech, the potential for partisan enforcement against disfavored viewpoints, and the practical impossibility of distinguishing protected political exaggeration from prohibited misinformation in many contexts.
Key Points
- First Amendment challenges to breadth of prohibited speech and vagueness of definitions
- Prior restraint concerns regarding injunctive authority over online content
- Unclear boundaries for satire and parody exception may chill political humor
- Media exception disclosure requirements may burden protected speech
- Technical challenges in identifying AI-generated content and authenticating reports
- Resource demands on State Board and Administrator without dedicated funding
- Enforcement difficulties against out-of-state and anonymous actors
- Ambiguous imprisonment term creates sentencing uncertainty
- Potential for partisan enforcement against disfavored political viewpoints
- Practical difficulty distinguishing protected political exaggeration from prohibited misinformation
Legal References
- U.S. Constitution, First Amendment
- Prior restraint doctrine
- Article – Election Law Section 16–905(d), Annotated Code of Maryland
From the Legislature
Requiring the State Administrator of Elections to take certain actions 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; requiring the Administrator to communicate correct information to the public; prohibiting a person, under certain circumstances, from knowingly or with reckless disregard, creating, using or disseminating a deepfake to produce materially false information; etc.
Sponsors
Roll Call Votes
Third Reading Passed
44 Yea
DDDDDDRDDDRDDDDDRRRDDRRRDDDDRDDRDDDRDDDDRDRD0 Nay
1 Not Voting
D2 Absent
DDCalendar
Jan 21
11:00 AM
Apr 1
1:00 PM