MarylandSB 01412026 Regular SessionSenateWALLET

Election Law - Election Misinformation, Election Disinformation, and Deepfakes

Sponsored By: Katie Fry Hester (Democratic)

Signed by Governor

ElectionsAdvertisingCivil Actions -see also- Small ClaimsCommunications -see also- ElecComm; Intergov; etc.DamagesDeepfakesElections, State Board ofFederal GovernmentFines -see also- Penalties and SentencesFraud -see also- ForgeryInternet -see also- Internet AccessNews MediaPenalties and Sentences -see also- Death PenaltyPolitical CandidatesRadioRecords -see also- Land Records; Vital RecordsReportsSubpoenasTelevision -see also- Cable TelevisionVoting -see also- Absentee and Mail-In Voting

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 0 benefits, 0 costs, 3 mixed.

Ban on harmful election deepfakes

Beginning June 1, 2026, it is illegal to make or share election deepfakes that tell material lies to sway voting or petitions and that cause or are meant to cause harm. The law covers false depictions about registration, voting methods, results, election processes, or an election official’s duties. A violation is a misdemeanor with up to a $5,000 fine, up to 5 years in jail, or both. The ban does not cover satire or parody. Certain broadcasters, widely circulated news outlets that clearly label the content as not real, and online services protected by federal Section 230 are also exempt.

Civil suits over reckless election lies

Beginning June 1, 2026, the State Board of Elections can sue a person, campaign, PAC, or other group that made or recklessly spread false election information when the Board paid to correct it. The Board may seek damages, court costs, and attorney’s fees, but a court needs clear and convincing proof. The Board cannot sue people exempt under Section 16–905. It also cannot sue people working to detect, report, prevent, investigate, respond to, or prosecute security breaches, identity theft, fraud, harassment, or other illegal acts.

Report and fix false election info

Beginning June 1, 2026, the State Board of Elections runs a website portal for the public to report false election information. The Board reviews reports, posts corrections, or sends cases to the State Prosecutor. If the State Administrator gets a credible report, the Administrator must share correct information with the public. The Administrator can ask a court to order removal of the false content, but not against a platform for someone else’s post because of federal Section 230. The Administrator can subpoena records under the federal Stored Communications Act. The law also defines election “misinformation” and “disinformation” to set these rules.

Sponsors & Cosponsors

Sponsor

  • Katie Fry Hester

    Democratic • Senate

Cosponsors

  • Benjamin Brooks

    Democratic • Senate

  • Brian J. Feldman

    Democratic • Senate

  • Kevin M. Harris

    Democratic • Senate

  • Cheryl C. Kagan

    Democratic • Senate

  • Mary Washington

    Democratic • Senate

Roll Call Votes

All Roll Calls

Yes: 252 • No: 77

Senate vote • 4/13/2026

Third Reading Passed

Yes: 28 • No: 4 • Other: 15

House vote • 4/13/2026

Third Reading Passed

Yes: 85 • No: 38 • Other: 17

House vote • 4/10/2026

Third Reading Passed

Yes: 95 • No: 35 • Other: 9

Senate vote • 2/12/2026

Third Reading Passed

Yes: 44 • No: 0 • Other: 1

Actions Timeline

  1. Approved by the Governor - Chapter 444

    5/12/2026
  2. Passed Enrolled

    4/14/2026Senate
  3. Third Reading Passed (85-38)

    4/13/2026House
  4. Conference Committee Report {173226/1 Adopted

    4/13/2026House
  5. Third Reading Passed (28-4)

    4/13/2026Senate
  6. Conference Committee Report {173226/1 Adopted

    4/13/2026Senate
  7. House Conference Committee Appointed (Delegates Fair, Clippinger and Tomlinson)

    4/13/2026Senate
  8. House Refuses Recede

    4/13/2026Senate
  9. House Conference Committee Appointed (Delegates Fair, Clippinger and Tomlinson)

    4/13/2026House
  10. House Refuses Recede

    4/13/2026House
  11. Senate Conference Committee Appointed (Senators Hester, Watson and Gallion)

    4/13/2026House
  12. Senate Requests House Recede

    4/13/2026House
  13. Senate Refuses Concur House Amendments

    4/13/2026House
  14. Senate Conference Committee Appointed (Senators Hester, Watson and Gallion)

    4/13/2026Senate
  15. Senate Requests House Recede

    4/13/2026Senate
  16. Senate Refuses Concur House Amendments

    4/13/2026Senate
  17. Third Reading Passed (95-35)

    4/10/2026House
  18. Second Reading Passed with Amendments

    4/9/2026House
  19. Motion Special Order until Next Session (Delegate Fair) Adopted

    4/9/2026House
  20. Favorable with Amendments {433522/1 Adopted

    4/9/2026House
  21. Favorable with Amendments Report by Government, Labor, and Elections

    4/9/2026House
  22. Hearing 4/01 at 1:00 p.m.

    3/24/2026House
  23. Referred Government, Labor, and Elections

    2/13/2026House
  24. Third Reading Passed (44-0)

    2/12/2026Senate
  25. Second Reading Passed with Amendments

    2/10/2026Senate

Bill Text

  • Enacted

    5/12/2026

  • Enrolled

    4/14/2026

  • Third Reading

    2/10/2026

  • First Reading

    1/14/2026

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