EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb0525*
HOUSE BILL 525
G1 5lr1689
SB 978/24 – EEE CF SB 361
By: Delegates Feldmark, D. Jones, Kaiser, Phillips, Ruth, Watson, Wells, and
Woods Woods, Wilkins, Palakovich Carr, Roberts, Wims, Ebersole, Fair,
Patterson, Young, and Vogel
Introduced and read first time: January 22, 2025
Assigned to: Ways and Means
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 19, 2025
CHAPTER ______
AN ACT concerning 1
Election Law – Influence on a Voter’s Voting Decision By Use of Fraud 2
Influencing a Voter By Dissemination of a Deepfake – Prohibition 3
FOR the purpose of prohibiting a person from using fraud to influence or attempt to 4
influence a voter’s voting decision; defining “fraud” to include the use of synthetic 5
media; and generally relating to the use of fraud to influence a voter’s voting decision, 6
with fraudulent intent, influencing or attempting to influence a voter’s decision 7
whether or not to cast a vote or whether to vote for or against a candidate or ballot 8
issue by disseminating a deepfake; and generally relating to prohibiting influencing 9
or attempting to influence a voter by dissemination of a deepfake. 10
BY repealing and reenacting, with amendments, adding to 11
Article – Election Law 12
Section 16–201 16–905 13
Annotated Code of Maryland 14
(2022 Replacement Volume and 2024 Supplement) 15
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16
That the Laws of Maryland read as follows: 17
Article – Election Law 18
16–201. 19 2 HOUSE BILL 525
(a) (1) In this section[, “influence”] THE FOLLOWING WORDS HAVE THE 1
MEANINGS INDICATED . 2
(2) “FRAUD” INCLUDES THE USE OF SYNTHETIC MEDIA . 3
(3) “INFLUENCE” includes the use of pressure, deception, trickery, or 4
direct or indirect authority to induce action or to change the decision or act of another, 5
regardless of the medium used. 6
(4) “SYNTHETIC MEDIA ” MEANS AN IMAGE , AN AUDIO RECORDING , OR 7
A VIDEO RECORDI NG THAT HAS BEEN INT ENTIONALLY CREATED O R MANIPULATED 8
WITH THE USE OF GENE RATIVE ARTIFICIAL IN TELLIGENCE OR OTHER DIGITAL 9
TECHNOLOGY TO CREATE A REALISTIC BUT FALS E IMAGE, AUDIO RECORDING , OR 10
VIDEO RECORDING : 11
(I) PURPORTING TO DEPICT A REAL, CLEARLY ID ENTIFIED 12
CANDIDATE OR THE SPE ECH OR CONDUCT OF TH E CANDIDATE; OR 13
(II) PRODUCING A FUNDAMEN TALLY DIFFERENT 14
UNDERSTANDING OR IMP RESSION OF AN INDIVI DUAL’S APPEARANCE , SPEECH, OR 15
CONDUCT THAN A REASO NABLE INDIVIDUAL WOU LD HAVE FROM THE UNA LTERED, 16
ORIGINAL VERSION OF THE IMAGE , AUDIO RECORDING , OR VIDEO RECORDING . 17
(b) A person may not willfully and knowingly: 18
(1) (i) impersonate another person in order to vote or attempt to vote; 19
or 20
(ii) vote or attempt to vote under a false name; 21
(2) vote more than once for a candidate for the same office or for the same 22
ballot question; 23
(3) vote or attempt to vote more than once in the same election, or vote in 24
more than one election district or precinct; 25
(4) vote in an election district or precinct without the legal authority to vote 26
in that election district or precinct; 27
(5) influence or attempt to influence a voter’s voting decision through the 28
use of force, FRAUD, threat, menace, intimidation, bribery, reward, or offer of reward; 29
(6) influence or attempt to influence a voter’s decision, through the use of 30
force, fraud, threat, menace, intimidation, bribery, reward, or offer of reward, whether to: 31
HOUSE BILL 525 3
(i) go to the polls to cast a vote; or 1
(ii) vote by other lawful means; or 2
(7) engage in conduct that results or has the intent to result in the denial 3
or abridgement of the right of any citizen of the United States to vote on account of race, 4
color, or disability. 5
(c) Except as provided in § 16–1002 of this title, a person who violates this section 6
is guilty of a misdemeanor and on conviction is subject to a fine of not more than $5,000 or 7
imprisonment for not more than 5 years or both. 8
(d) A person who violates this section is subject to § 5–106(b) of the Courts Article. 9
16–905. 10
(A) IN THIS SECTION , “DEEPFAKE” MEANS AN IMAGE , AN AUDIO 11
RECORDING, OR A VIDEO RECORDING THAT HAS BEEN INTENT IONALLY CREATED OR 12
MANIPULATED WITH THE USE OF GENERATIVE AR TIFICIAL INTELLIGENC E OR 13
OTHER DIGITAL TECHNO LOGY TO CREATE A REA LISTIC BUT FALSE DEP ICTION OF A 14
PERSON THAT AN ORDIN ARY PERSON WOULD CON CLUDE IS AN ACTUAL V ISUAL OR 15
AUDIO REPRESENTATION OF THE PERSON DEPICT ED. 16
(B) THIS SECTION DOES NOT APPLY TO A DEEPFAKE THAT IS: 17
(1) DISSEMINATED BY THE NEWS MEDIA; OR 18
(2) SATIRE OR PARODY . 19
(C) A PERSON MAY NOT , WITH FRAUDULENT INTE NT, INFLUENCE OR 20
ATTEMPT TO INFLUENCE A VOTER’S DECISION WHETHER O R NOT TO CAST A VOTE 21
OR WHETHER TO VOTE F OR OR AGAINST A CAND IDATE OR BALLOT ISSU E BY 22
DISSEMINATING A DEEP FAKE. 23
(D) A PERSON ACTS WITH FRA UDULENT INTE NT UNDER SUBSECTION (C) OF 24
THIS SECTION ONLY IF THE PERSON DISSEMINA TES A DEEPFAKE : 25
(1) THAT MISREPRESENTS A FACT THAT IS MATERIA L TO A VOTER’S 26
DECISION WHETHER OR NOT TO CAST A VOTE O R WHETHER TO VOTE FO R OR 27
AGAINST A CANDIDATE OR BALLOT ISSUE ; 28
(2) WITH KNOWLEDGE THAT THE DEEPFAKE IS A DE EPFAKE, OR WITH 29
RECKLESS DISREGARD F OR WHETHER THE DEEPF AKE IS A DEEPFAKE ; AND 30
4 HOUSE BILL 525
(3) WITH THE INTENT TO D ECEIVE A VOTER AND I NDUCE A VOTER TO 1
CAST A VOTE OR NOT C AST A VOTE OR TO VOT E FOR OR AGAINST A C ANDIDATE OR 2
BALLOT ISSUE AT LEAST IN PART ON THE BASIS OF THE DECEPTION . 3
(E) THE FOLLOWING PERSONS MAY NOT BE FOUND TO HAVE VIOLATED THIS 4
SECTION BECAUSE THE PERSON’S SERVICES OR FACILI TIES ARE USED BY ANO THER 5
PERSON TO DISSEMINAT E A DEEPFAKE IN VIOL ATION OF THIS SEC TION: 6
(1) AN INTERACTIVE COMPU TER SERVICE, AS DEFINED IN 47 U.S.C. § 7
230; 8
(2) AN INTERNET SERVICE PROV IDER; 9
(3) A CLOUD SERVICE PROV IDER; 10
(4) A TELECOMMUNICATIONS NETWORK; 11
(5) A RADIO OR TELEVISIO N BROADCASTING STATI ON OR NETWORK ; 12
(6) A CABLE, SATELLITE RADIO , SATELLITE TELEVISION , OR 13
STREAMING SERVICE OP ERATOR, PROGRAMMER , OR PRODUCER ; OR 14
(7) A NEWSPAPER , MAGAZINE, WEBSITE, OR OTHER PERIODICAL 15
PUBLICATION. 16
(F) A PERSON WHO VIOLATES THIS SECTION IS GUIL TY OF A MISDEMEANOR 17
AND ON CONV ICTION IS SUBJECT TO A FINE OF NOT MORE T HAN $5,000 OR 18
IMPRISONMENT FOR NOT MORE THAN 5 YEARS OR BOTH . 19
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 20
1, 2025. 21
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.