MD SB141: Election Law - Election Misinformation, Election Disinformation, and Deepfakes

In one paragraph

Maryland's Chapter 444 of 2026 targets election misinformation and deepfakes. On a credible report of false information about voting, results or voting rights, including a deepfake, the State Administrator of Elections must publish corrections and may seek a court order to remove it from online platforms (not against platforms for users' posts) and subpoena records. The State Board can sue those who knowingly spread disinformation, or recklessly spread misinformation, for correction costs. Knowingly or recklessly using a deepfake to produce materially false election information meant to sway voters or petition signers is a misdemeanor: up to 5 years and $5,000. Effective June 1, 2026.

Plain-English summary, written with AI assistance. The official text controls.

What it means for business

If you create or distribute political content in Maryland, deceptive election deepfakes can bring criminal penalties and state lawsuits; satire, parody and labeled news coverage are exempt.

Key provisions

1. 1Amends Election Law § 2-110: election misinformation and disinformation are incorrect or misleading information about the time, place or manner of an election, election results or voting rights (disinformation is spread knowingly and deliberately)
2. 2On a credible report, the State Administrator must publish accurate corrective information, may seek an injunction to remove the content from online platforms, and may subpoena related records under the federal Stored Communications Act
3. 3No injunction against an interactive computer service (47 U.S.C. § 230) for content posted by others; the State Board may sue people, campaigns and PACs that spread disinformation, or misinformation with reckless disregard, for damages, costs and fees on clear and convincing evidence
4. 4New § 16-905: no knowingly or recklessly creating, using or disseminating a deepfake to produce materially false information intended to impede or influence a voter's decision to cast a ballot or to vote for or against a candidate or ballot issue, misrepresent voting or election facts or officials' duties, or sway petition signing, where it causes or is meant to cause harm
5. 5Deepfake: an image, audio or video intentionally created or manipulated with generative AI or other digital technology into a realistic but false depiction of a person
6. 6Exemptions: satire and parody, qualifying broadcasts and news coverage with disclosures, news publications that state the media is inaccurate, and Section 230-protected online services
7. 7Misdemeanor: fine up to $5,000 and/or imprisonment up to 5 years
8. 8Approved by the Governor May 12, 2026 (Chapter 444; cross-filed with HB 145); effective June 1, 2026

Latest legislative action

May 12, 2026. Approved by the Governor - Chapter 444

Sponsors (showing 5 of 6)

Roll call votes (showing 3 of 4)

Amendments (4)

• Favorable with Amendments 103824/1 Adopted Adopted 2026-02-03
• Floor Amendment 253621/1 (Senator Hester) Adopted Adopted 2026-02-10
• Favorable with Amendments 433522/1 Adopted Adopted 2026-04-09
• Conference Committee Report 173226/1 Adopted Adopted 2026-04-13