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. *sb0361* SENATE BILL 361 G1 5lr0836 CF HB 525 By: Senator Hester Introduced and read first time: January 17, 2025 Assigned to: Education, Energy, and the Environment Committee Report: Favorable Senate action: Adopted Read second time: February 22, 2025 CHAPTER ______ 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 2 SENATE BILL 361 (3) “INFLUENCE” includes the use of pressure, deception, trickery, or 1 direct or indirect authority to induce action or to change the decision or act of another, 2 regardless of the medium used. 3 (4) “SYNTHETIC MEDIA ” MEANS AN IMAGE , AN AUDIO RECORDING , OR 4 A VIDEO RECORDI NG THAT HAS BEEN INT ENTIONALLY CREATED O R MANIPULATED 5 WITH THE USE OF GENE RATIVE ARTIFICIAL IN TELLIGENCE OR OTHER DIGITAL 6 TECHNOLOGY TO CREATE A REALISTIC BUT FALS E IMAGE, AUDIO RECORDING , OR 7 VIDEO RECORDING : 8 (I) PURPORTING TO DEPICT A REAL , CLEARLY IDENTIFIED 9 CANDIDATE OR THE SPE ECH OR CONDUCT OF TH E CANDIDATE; OR 10 (II) PRODUCING A FUNDAMENTALLY DIFF ERENT 11 UNDERSTANDING OR IMP RESSION OF AN INDIVI DUAL’S APPEARANCE , SPEECH, OR 12 CONDUCT THAN A REASO NABLE INDIVIDUAL WOU LD HAVE FROM THE UNA LTERED, 13 ORIGINAL VERSION OF THE IM AGE, AUDIO RECORDING , OR VIDEO RECORDING . 14 (b) A person may not willfully and knowingly: 15 (1) (i) impersonate another person in order to vote or attempt to vote; 16 or 17 (ii) vote or attempt to vote under a false name; 18 (2) vote more than once for a candidate for the same office or for the same 19 ballot question; 20 (3) vote or attempt to vote more than once in the same election, or vote in 21 more than one election district or precinct; 22 (4) vote in an election district or precinct without the legal authority to vote 23 in that election district or precinct; 24 (5) influence or attempt to influence a voter’s voting decision through the 25 use of force, FRAUD, threat, menace, intimidation, bribery, reward, or offer of reward; 26 (6) influence or attempt to influence a voter’s decision, through the use of 27 force, fraud, threat, menace, intimidation, bribery, reward, or offer of reward, whether to: 28 (i) go to the polls to cast a vote; or 29 (ii) vote by other lawful means; or 30 SENATE BILL 361 3 (7) engage in conduct that results or has the intent to result in the denial 1 or abridgement of the right of any citizen of the United States to vote on account of race, 2 color, or disability. 3 (c) Except as provided in § 16–1002 of this title, a person who violates this section 4 is guilty of a misdemeanor and on conviction is subject to a fine of not more than $5,000 or 5 imprisonment for not more than 5 years or both. 6 (d) A person who violates this section is subject to § 5–106(b) of the Courts Article. 7 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 8 1, 2025. 9 Approved: ________________________________________________________________________________ Governor. ________________________________________________________________________________ President of the Senate. ________________________________________________________________________________ Speaker of the House of Delegates.