EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
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SENATE BILL 361
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CF 5lr1689
By: Senator Hester
Introduced and read first time: January 17, 2025
Assigned to: Education, Energy, and the Environment
A BILL ENTITLED
AN ACT concerning 1
Election Law – Influence on a Voter’s Voting Decision By Use of Fraud – 2
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
BY repealing and reenacting, with amendments, 7
Article – Election Law 8
Section 16–201 9
Annotated Code of Maryland 10
(2022 Replacement Volume and 2024 Supplement) 11
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
That the Laws of Maryland read as follows: 13
Article – Election Law 14
16–201. 15
(a) (1) In this section[, “influence”] THE FOLLOWING WORDS HAVE THE 16
MEANINGS INDICATED . 17
(2) “FRAUD” INCLUDES THE USE OF SYNTHETIC MEDIA . 18
(3) “INFLUENCE” includes the use of pressure, deception, trickery, or 19
direct or indirect authority to induce action or to change the decision or act of another, 20
regardless of the medium used. 21
2 SENATE BILL 361
(4) “SYNTHETIC MEDIA ” MEANS AN IMAGE , AN AUDIO RECORDING , OR 1
A VIDEO RECORDI NG THAT HAS BEEN INT ENTIONALLY CREATED O R MANIPULATED 2
WITH THE USE OF GENE RATIVE ARTIFICIAL IN TELLIGENCE OR OTHER DIGITAL 3
TECHNOLOGY TO CREATE A REALISTIC BUT FALS E IMAGE, AUDIO RECORDING , OR 4
VIDEO RECORDING : 5
(I) PURPORTING TO DEPICT A REAL , CLEARLY IDENTIFIED 6
CANDIDATE OR THE SPE ECH OR CONDUCT OF TH E CANDIDATE; OR 7
(II) PRODUCING A FUNDAMENTALLY DIFF ERENT 8
UNDERSTANDING OR IMP RESSION OF AN INDIVI DUAL’S APPEARANCE , SPEECH, OR 9
CONDUCT THAN A REASO NABLE INDIVIDUAL WOU LD HAVE FROM THE UNA LTERED, 10
ORIGINAL VERSION OF THE IM AGE, AUDIO RECORDING , OR VIDEO RECORDING . 11
(b) A person may not willfully and knowingly: 12
(1) (i) impersonate another person in order to vote or attempt to vote; 13
or 14
(ii) vote or attempt to vote under a false name; 15
(2) vote more than once for a candidate for the same office or for the same 16
ballot question; 17
(3) vote or attempt to vote more than once in the same election, or vote in 18
more than one election district or precinct; 19
(4) vote in an election district or precinct without the legal authority to vote 20
in that election district or precinct; 21
(5) influence or attempt to influence a voter’s voting decision through the 22
use of force, FRAUD, threat, menace, intimidation, bribery, reward, or offer of reward; 23
(6) influence or attempt to influence a voter’s decision, through the use of 24
force, fraud, threat, menace, intimidation, bribery, reward, or offer of reward, whether to: 25
(i) go to the polls to cast a vote; or 26
(ii) vote by other lawful means; or 27
(7) engage in conduct that results or has the intent to result in the denial 28
or abridgement of the right of any citizen of the United States to vote on account of race, 29
color, or disability. 30
SENATE BILL 361 3
(c) Except as provided in § 16–1002 of this title, a person who violates this section 1
is guilty of a misdemeanor and on conviction is subject to a fine of not more than $5,000 or 2
imprisonment for not more than 5 years or both. 3
(d) A person who violates this section is subject to § 5–106(b) of the Courts Article. 4
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 5
1, 2025. 6