| Old | New | Differences | |
|---|---|---|---|
| 1 | 1 | ||
| 2 | 2 | ||
| 3 | 3 | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. | |
| 4 | 4 | [Brackets] indicate matter deleted from existing law. | |
| 5 | - | Underlining indicates amendments to bill. | |
| 6 | - | Strike out indicates matter stricken from the bill by amendment or deleted from the law by | |
| 7 | - | amendment. | |
| 8 | 5 | *hb0525* | |
| 9 | 6 | ||
| 10 | 7 | HOUSE BILL 525 | |
| 11 | 8 | G1 5lr1689 | |
| 12 | 9 | SB 978/24 – EEE CF SB 361 | |
| 13 | 10 | By: Delegates Feldmark, D. Jones, Kaiser, Phillips, Ruth, Watson, Wells, and | |
| 14 | - | Woods Woods, Wilkins, Palakovich Carr, Roberts, Wims, Ebersole, Fair, | |
| 15 | - | Patterson, Young, and Vogel | |
| 11 | + | Woods | |
| 16 | 12 | Introduced and read first time: January 22, 2025 | |
| 17 | 13 | Assigned to: Ways and Means | |
| 18 | - | Committee Report: Favorable with amendments | |
| 19 | - | House action: Adopted | |
| 20 | - | Read second time: March 19, 2025 | |
| 21 | 14 | ||
| 22 | - | ||
| 15 | + | A BILL ENTITLED | |
| 23 | 16 | ||
| 24 | 17 | AN ACT concerning 1 | |
| 25 | 18 | ||
| 26 | - | Election Law – Influence on a Voter’s Voting Decision By Use of Fraud 2 | |
| 27 | - | ||
| 19 | + | Election Law – Influence on a Voter’s Voting Decision By Use of Fraud – 2 | |
| 20 | + | Prohibition 3 | |
| 28 | 21 | ||
| 29 | 22 | FOR the purpose of prohibiting a person from using fraud to influence or attempt to 4 | |
| 30 | 23 | influence a voter’s voting decision; defining “fraud” to include the use of synthetic 5 | |
| 31 | - | media; and generally relating to the use of fraud to influence a voter’s voting decision, 6 | |
| 32 | - | with fraudulent intent, influencing or attempting to influence a voter’s decision 7 | |
| 33 | - | whether or not to cast a vote or whether to vote for or against a candidate or ballot 8 | |
| 34 | - | issue by disseminating a deepfake; and generally relating to prohibiting influencing 9 | |
| 35 | - | or attempting to influence a voter by dissemination of a deepfake. 10 | |
| 24 | + | media; and generally relating to the use of fraud to influence a voter’s voting decision. 6 | |
| 36 | 25 | ||
| 37 | - | BY repealing and reenacting, with amendments, | |
| 38 | - | Article – Election Law | |
| 39 | - | Section 16–201 | |
| 40 | - | Annotated Code of Maryland | |
| 41 | - | (2022 Replacement Volume and 2024 Supplement) | |
| 26 | + | BY repealing and reenacting, with amendments, 7 | |
| 27 | + | Article – Election Law 8 | |
| 28 | + | Section 16–201 9 | |
| 29 | + | Annotated Code of Maryland 10 | |
| 30 | + | (2022 Replacement Volume and 2024 Supplement) 11 | |
| 42 | 31 | ||
| 43 | - | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, | |
| 44 | - | That the Laws of Maryland read as follows: | |
| 32 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12 | |
| 33 | + | That the Laws of Maryland read as follows: 13 | |
| 45 | 34 | ||
| 46 | - | Article – Election Law | |
| 35 | + | Article – Election Law 14 | |
| 47 | 36 | ||
| 48 | - | 16–201. 19 2 HOUSE BILL 525 | |
| 37 | + | 16–201. 15 | |
| 38 | + | ||
| 39 | + | (a) (1) In this section[, “influence”] THE FOLLOWING WORDS HAVE THE 16 | |
| 40 | + | MEANINGS INDICATED . 17 | |
| 41 | + | ||
| 42 | + | (2) “FRAUD” INCLUDES THE USE OF SYNTHETIC MEDIA . 18 | |
| 43 | + | ||
| 44 | + | (3) “INFLUENCE” includes the use of pressure, deception, trickery, or 19 | |
| 45 | + | direct or indirect authority to induce action or to change the decision or act of another, 20 | |
| 46 | + | regardless of the medium used. 21 | |
| 47 | + | 2 HOUSE BILL 525 | |
| 49 | 48 | ||
| 50 | 49 | ||
| 50 | + | (4) “SYNTHETIC MEDIA ” MEANS AN IMAGE , AN AUDIO RECORDING , OR 1 | |
| 51 | + | A VIDEO RECORDI NG THAT HAS BEEN INT ENTIONALLY CREATED O R MANIPULATED 2 | |
| 52 | + | WITH THE USE OF GENE RATIVE ARTIFICIAL IN TELLIGENCE OR OTHER DIGITAL 3 | |
| 53 | + | TECHNOLOGY TO CREATE A REALISTIC BUT FALS E IMAGE, AUDIO RECORDING , OR 4 | |
| 54 | + | VIDEO RECORDING : 5 | |
| 51 | 55 | ||
| 52 | - | ( | |
| 53 | - | ||
| 56 | + | (I) PURPORTING TO DEPICT A REAL , CLEARLY ID ENTIFIED 6 | |
| 57 | + | CANDIDATE OR THE SPE ECH OR CONDUCT OF TH E CANDIDATE; OR 7 | |
| 54 | 58 | ||
| 55 | - | (2) “FRAUD” INCLUDES THE USE OF SYNTHETIC MEDIA . 3 | |
| 59 | + | (II) PRODUCING A FUNDAMENTALLY DIFF ERENT 8 | |
| 60 | + | UNDERSTANDING OR IMP RESSION OF AN INDIVI DUAL’S APPEARANCE , SPEECH, OR 9 | |
| 61 | + | CONDUCT THAN A REASO NABLE INDIVIDUAL WOU LD HAVE FROM THE UNA LTERED, 10 | |
| 62 | + | ORIGINAL VERSION OF THE IMAGE , AUDIO RECORDING , OR VIDEO RECORDING . 11 | |
| 56 | 63 | ||
| 57 | - | (3) “INFLUENCE” includes the use of pressure, deception, trickery, or 4 | |
| 58 | - | direct or indirect authority to induce action or to change the decision or act of another, 5 | |
| 59 | - | regardless of the medium used. 6 | |
| 64 | + | (b) A person may not willfully and knowingly: 12 | |
| 60 | 65 | ||
| 61 | - | (4) “SYNTHETIC MEDIA ” MEANS AN IMAGE , AN AUDIO RECORDING , OR 7 | |
| 62 | - | A VIDEO RECORDI NG THAT HAS BEEN INT ENTIONALLY CREATED O R MANIPULATED 8 | |
| 63 | - | WITH THE USE OF GENE RATIVE ARTIFICIAL IN TELLIGENCE OR OTHER DIGITAL 9 | |
| 64 | - | TECHNOLOGY TO CREATE A REALISTIC BUT FALS E IMAGE, AUDIO RECORDING , OR 10 | |
| 65 | - | VIDEO RECORDING : 11 | |
| 66 | + | (1) (i) impersonate another person in order to vote or attempt to vote; 13 | |
| 67 | + | or 14 | |
| 66 | 68 | ||
| 67 | - | (I) PURPORTING TO DEPICT A REAL, CLEARLY ID ENTIFIED 12 | |
| 68 | - | CANDIDATE OR THE SPE ECH OR CONDUCT OF TH E CANDIDATE; OR 13 | |
| 69 | + | (ii) vote or attempt to vote under a false name; 15 | |
| 69 | 70 | ||
| 70 | - | (II) PRODUCING A FUNDAMEN TALLY DIFFERENT 14 | |
| 71 | - | UNDERSTANDING OR IMP RESSION OF AN INDIVI DUAL’S APPEARANCE , SPEECH, OR 15 | |
| 72 | - | CONDUCT THAN A REASO NABLE INDIVIDUAL WOU LD HAVE FROM THE UNA LTERED, 16 | |
| 73 | - | ORIGINAL VERSION OF THE IMAGE , AUDIO RECORDING , OR VIDEO RECORDING . 17 | |
| 71 | + | (2) vote more than once for a candidate for the same office or for the same 16 | |
| 72 | + | ballot question; 17 | |
| 74 | 73 | ||
| 75 | - | (b) A person may not willfully and knowingly: 18 | |
| 74 | + | (3) vote or attempt to vote more than once in the same election, or vote in 18 | |
| 75 | + | more than one election district or precinct; 19 | |
| 76 | 76 | ||
| 77 | - | ( | |
| 78 | - | or | |
| 77 | + | (4) vote in an election district or precinct without the legal authority to vote 20 | |
| 78 | + | in that election district or precinct; 21 | |
| 79 | 79 | ||
| 80 | - | (ii) vote or attempt to vote under a false name; 21 | |
| 80 | + | (5) influence or attempt to influence a voter’s voting decision through the 22 | |
| 81 | + | use of force, FRAUD, threat, menace, intimidation, bribery, reward, or offer of reward; 23 | |
| 81 | 82 | ||
| 82 | - | ( | |
| 83 | - | ||
| 83 | + | (6) influence or attempt to influence a voter’s decision, through the use of 24 | |
| 84 | + | force, fraud, threat, menace, intimidation, bribery, reward, or offer of reward, whether to: 25 | |
| 84 | 85 | ||
| 85 | - | (3) vote or attempt to vote more than once in the same election, or vote in 24 | |
| 86 | - | more than one election district or precinct; 25 | |
| 86 | + | (i) go to the polls to cast a vote; or 26 | |
| 87 | 87 | ||
| 88 | - | (4) vote in an election district or precinct without the legal authority to vote 26 | |
| 89 | - | in that election district or precinct; 27 | |
| 88 | + | (ii) vote by other lawful means; or 27 | |
| 90 | 89 | ||
| 91 | - | (5) influence or attempt to influence a voter’s voting decision through the 28 | |
| 92 | - | use of force, FRAUD, threat, menace, intimidation, bribery, reward, or offer of reward; 29 | |
| 93 | - | ||
| 94 | - | (6) influence or attempt to influence a voter’s decision, through the use of 30 | |
| 95 | - | force, fraud, threat, menace, intimidation, bribery, reward, or offer of reward, whether to: 31 | |
| 90 | + | (7) engage in conduct that results or has the intent to result in the denial 28 | |
| 91 | + | or abridgement of the right of any citizen of the United States to vote on account of race, 29 | |
| 92 | + | color, or disability. 30 | |
| 96 | 93 | HOUSE BILL 525 3 | |
| 97 | 94 | ||
| 98 | 95 | ||
| 99 | - | (i) go to the polls to cast a vote; or 1 | |
| 96 | + | (c) Except as provided in § 16–1002 of this title, a person who violates this section 1 | |
| 97 | + | is guilty of a misdemeanor and on conviction is subject to a fine of not more than $5,000 or 2 | |
| 98 | + | imprisonment for not more than 5 years or both. 3 | |
| 100 | 99 | ||
| 101 | - | ( | |
| 100 | + | (d) A person who violates this section is subject to § 5–106(b) of the Courts Article. 4 | |
| 102 | 101 | ||
| 103 | - | (7) engage in conduct that results or has the intent to result in the denial 3 | |
| 104 | - | or abridgement of the right of any citizen of the United States to vote on account of race, 4 | |
| 105 | - | color, or disability. 5 | |
| 106 | - | ||
| 107 | - | (c) Except as provided in § 16–1002 of this title, a person who violates this section 6 | |
| 108 | - | is guilty of a misdemeanor and on conviction is subject to a fine of not more than $5,000 or 7 | |
| 109 | - | imprisonment for not more than 5 years or both. 8 | |
| 110 | - | ||
| 111 | - | (d) A person who violates this section is subject to § 5–106(b) of the Courts Article. 9 | |
| 112 | - | ||
| 113 | - | 16–905. 10 | |
| 114 | - | ||
| 115 | - | (A) IN THIS SECTION , “DEEPFAKE” MEANS AN IMAGE , AN AUDIO 11 | |
| 116 | - | RECORDING, OR A VIDEO RECORDING THAT HAS BEEN INTENT IONALLY CREATED OR 12 | |
| 117 | - | MANIPULATED WITH THE USE OF GENERATIVE AR TIFICIAL INTELLIGENC E OR 13 | |
| 118 | - | OTHER DIGITAL TECHNO LOGY TO CREATE A REA LISTIC BUT FALSE DEP ICTION OF A 14 | |
| 119 | - | PERSON THAT AN ORDIN ARY PERSON WOULD CON CLUDE IS AN ACTUAL V ISUAL OR 15 | |
| 120 | - | AUDIO REPRESENTATION OF THE PERSON DEPICT ED. 16 | |
| 121 | - | ||
| 122 | - | (B) THIS SECTION DOES NOT APPLY TO A DEEPFAKE THAT IS: 17 | |
| 123 | - | ||
| 124 | - | (1) DISSEMINATED BY THE NEWS MEDIA; OR 18 | |
| 125 | - | ||
| 126 | - | (2) SATIRE OR PARODY . 19 | |
| 127 | - | ||
| 128 | - | (C) A PERSON MAY NOT , WITH FRAUDULENT INTE NT, INFLUENCE OR 20 | |
| 129 | - | ATTEMPT TO INFLUENCE A VOTER’S DECISION WHETHER O R NOT TO CAST A VOTE 21 | |
| 130 | - | OR WHETHER TO VOTE F OR OR AGAINST A CAND IDATE OR BALLOT ISSU E BY 22 | |
| 131 | - | DISSEMINATING A DEEP FAKE. 23 | |
| 132 | - | ||
| 133 | - | (D) A PERSON ACTS WITH FRA UDULENT INTE NT UNDER SUBSECTION (C) OF 24 | |
| 134 | - | THIS SECTION ONLY IF THE PERSON DISSEMINA TES A DEEPFAKE : 25 | |
| 135 | - | ||
| 136 | - | (1) THAT MISREPRESENTS A FACT THAT IS MATERIA L TO A VOTER’S 26 | |
| 137 | - | DECISION WHETHER OR NOT TO CAST A VOTE O R WHETHER TO VOTE FO R OR 27 | |
| 138 | - | AGAINST A CANDIDATE OR BALLOT ISSUE ; 28 | |
| 139 | - | ||
| 140 | - | (2) WITH KNOWLEDGE THAT THE DEEPFAKE IS A DE EPFAKE, OR WITH 29 | |
| 141 | - | RECKLESS DISREGARD F OR WHETHER THE DEEPF AKE IS A DEEPFAKE ; AND 30 | |
| 142 | - | 4 HOUSE BILL 525 | |
| 102 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 5 | |
| 103 | + | 1, 2025. 6 | |
| 143 | 104 | ||
| 144 | 105 | ||
| 145 | - | (3) WITH THE INTENT TO D ECEIVE A VOTER AND I NDUCE A VOTER TO 1 | |
| 146 | - | CAST A VOTE OR NOT C AST A VOTE OR TO VOT E FOR OR AGAINST A C ANDIDATE OR 2 | |
| 147 | - | BALLOT ISSUE AT LEAST IN PART ON THE BASIS OF THE DECEPTION . 3 | |
| 148 | - | ||
| 149 | - | (E) THE FOLLOWING PERSONS MAY NOT BE FOUND TO HAVE VIOLATED THIS 4 | |
| 150 | - | SECTION BECAUSE THE PERSON’S SERVICES OR FACILI TIES ARE USED BY ANO THER 5 | |
| 151 | - | PERSON TO DISSEMINAT E A DEEPFAKE IN VIOL ATION OF THIS SEC TION: 6 | |
| 152 | - | ||
| 153 | - | (1) AN INTERACTIVE COMPU TER SERVICE, AS DEFINED IN 47 U.S.C. § 7 | |
| 154 | - | 230; 8 | |
| 155 | - | ||
| 156 | - | (2) AN INTERNET SERVICE PROV IDER; 9 | |
| 157 | - | ||
| 158 | - | (3) A CLOUD SERVICE PROV IDER; 10 | |
| 159 | - | ||
| 160 | - | (4) A TELECOMMUNICATIONS NETWORK; 11 | |
| 161 | - | ||
| 162 | - | (5) A RADIO OR TELEVISIO N BROADCASTING STATI ON OR NETWORK ; 12 | |
| 163 | - | ||
| 164 | - | (6) A CABLE, SATELLITE RADIO , SATELLITE TELEVISION , OR 13 | |
| 165 | - | STREAMING SERVICE OP ERATOR, PROGRAMMER , OR PRODUCER ; OR 14 | |
| 166 | - | ||
| 167 | - | (7) A NEWSPAPER , MAGAZINE, WEBSITE, OR OTHER PERIODICAL 15 | |
| 168 | - | PUBLICATION. 16 | |
| 169 | - | ||
| 170 | - | (F) A PERSON WHO VIOLATES THIS SECTION IS GUIL TY OF A MISDEMEANOR 17 | |
| 171 | - | AND ON CONV ICTION IS SUBJECT TO A FINE OF NOT MORE T HAN $5,000 OR 18 | |
| 172 | - | IMPRISONMENT FOR NOT MORE THAN 5 YEARS OR BOTH . 19 | |
| 173 | - | ||
| 174 | - | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 20 | |
| 175 | - | 1, 2025. 21 | |
| 176 | - | ||
| 177 | - | ||
| 178 | - | ||
| 179 | - | ||
| 180 | - | Approved: | |
| 181 | - | ________________________________________________________________________________ | |
| 182 | - | Governor. | |
| 183 | - | ________________________________________________________________________________ | |
| 184 | - | Speaker of the House of Delegates. | |
| 185 | - | ________________________________________________________________________________ | |
| 186 | - | President of the Senate. |