Maryland 2025 Regular Session

Maryland Senate Bill SB361 Compare Versions

Version 1 (Old)

Version 2 (New)

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		sb0361
9	6
10	7		SENATE BILL 361
11	8		G1 5lr0836
12		-	CF ~~HB 525~~
	9	+	CF 5lr1689
13	10		By: Senator Hester
14	11		Introduced and read first time: January 17, 2025
15	12		Assigned to: Education, Energy, and the Environment
16		-	Committee Report: Favorable
17		-	Senate action: Adopted
18		-	Read second time: February 22, 2025
19	13
20		-	~~CHAPTER ______~~
	14	+	A BILL ENTITLED
21	15
22	16		AN ACT concerning 1
23	17
24	18		Election Law – Influence on a Voter’s Voting Decision By Use of Fraud – 2
25	19		Prohibition 3
26	20
27	21		FOR the purpose of prohibiting a person from using fraud to influence or attempt to 4
28	22		influence a voter’s voting decision; defining “fraud” to include the use of synthetic 5
29	23		media; and generally relating to the use of fraud to influence a voter’s voting decision. 6
30	24
31	25		BY repealing and reenacting, with amendments, 7
32	26		Article – Election Law 8
33	27		Section 16–201 9
34	28		Annotated Code of Maryland 10
35	29		(2022 Replacement Volume and 2024 Supplement) 11
36	30
37	31		SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 12
38	32		That the Laws of Maryland read as follows: 13
39	33
40	34		Article – Election Law 14
41	35
42	36		16–201. 15
43	37
44	38		(a) (1) In this section[, “influence”] THE FOLLOWING WORDS HAVE THE 16
45	39		MEANINGS INDICATED . 17
46	40
47	41		(2) “FRAUD” INCLUDES THE USE OF SYNTHETIC MEDIA . 18
	42	+
	43	+	(3) “INFLUENCE” includes the use of pressure, deception, trickery, or 19
	44	+	direct or indirect authority to induce action or to change the decision or act of another, 20
	45	+	regardless of the medium used. 21
48	46		2 SENATE BILL 361
49	47
50	48
51		-	(3) “INFLUENCE” includes the use of pressure, deception, trickery, or 1
52		-	direct or indirect authority to induce action or to change the decision or act of another, 2
53		-	regardless of the medium used. 3
	49	+	(4) “SYNTHETIC MEDIA ” MEANS AN IMAGE , AN AUDIO RECORDING , OR 1
	50	+	A VIDEO RECORDI NG THAT HAS BEEN INT ENTIONALLY CREATED O R MANIPULATED 2
	51	+	WITH THE USE OF GENE RATIVE ARTIFICIAL IN TELLIGENCE OR OTHER DIGITAL 3
	52	+	TECHNOLOGY TO CREATE A REALISTIC BUT FALS E IMAGE, AUDIO RECORDING , OR 4
	53	+	VIDEO RECORDING : 5
54	54
55		-	(4) “SYNTHETIC MEDIA ” MEANS AN IMAGE , AN AUDIO RECORDING , OR 4
56		-	A VIDEO RECORDI NG THAT HAS BEEN INT ENTIONALLY CREATED O R MANIPULATED 5
57		-	WITH THE USE OF GENE RATIVE ARTIFICIAL IN TELLIGENCE OR OTHER DIGITAL 6
58		-	TECHNOLOGY TO CREATE A REALISTIC BUT FALS E IMAGE, AUDIO RECORDING , OR 7
59		-	VIDEO RECORDING : 8
	55	+	(I) PURPORTING TO DEPICT A REAL , CLEARLY IDENTIFIED 6
	56	+	CANDIDATE OR THE SPE ECH OR CONDUCT OF TH E CANDIDATE; OR 7
60	57
61		-	(I) PURPORTING TO DEPICT A REAL , CLEARLY IDENTIFIED 9
62		-	CANDIDATE OR THE SPE ECH OR CONDUCT OF TH E CANDIDATE; OR 10
	58	+	(II) PRODUCING A FUNDAMENTALLY DIFF ERENT 8
	59	+	UNDERSTANDING OR IMP RESSION OF AN INDIVI DUAL’S APPEARANCE , SPEECH, OR 9
	60	+	CONDUCT THAN A REASO NABLE INDIVIDUAL WOU LD HAVE FROM THE UNA LTERED, 10
	61	+	ORIGINAL VERSION OF THE IM AGE, AUDIO RECORDING , OR VIDEO RECORDING . 11
63	62
64		-	(II) PRODUCING A FUNDAMENTALLY DIFF ERENT 11
65		-	UNDERSTANDING OR IMP RESSION OF AN INDIVI DUAL’S APPEARANCE , SPEECH, OR 12
66		-	CONDUCT THAN A REASO NABLE INDIVIDUAL WOU LD HAVE FROM THE UNA LTERED, 13
67		-	ORIGINAL VERSION OF THE IM AGE, AUDIO RECORDING , OR VIDEO RECORDING . 14
	63	+	(b) A person may not willfully and knowingly: 12
68	64
69		-	(b) A person may not willfully and knowingly: 15
	65	+	(1) (i) impersonate another person in order to vote or attempt to vote; 13
	66	+	or 14
70	67
71		-	(1) (i) impersonate another person in order to vote or attempt to vote; 16
72		-	or 17
	68	+	(ii) vote or attempt to vote under a false name; 15
73	69
74		-	(ii) vote or attempt to vote under a false name; 18
	70	+	(2) vote more than once for a candidate for the same office or for the same 16
	71	+	ballot question; 17
75	72
76		-	(2) vote more than once ~~for a candidate for~~ the same ~~office~~ or ~~for the same 19~~
77		-	~~ballot question~~; 20
	73	+	(3) vote or attempt to vote more than once in the same election, or vote in 18
	74	+	more than one election district or precinct; 19
78	75
79		-	(3) vote or ~~attempt~~ to vote ~~more than once in the same election, or vote in 21~~
80		-	~~more than one~~ election district or precinct; 22
	76	+	(4) vote in an election district or precinct without the legal authority to vote 20
	77	+	in that election district or precinct; 21
81	78
82		-	(4) ~~vote in an election district~~ or ~~precinct without~~ the ~~legal authority to vote 23~~
83		-	~~in that election district~~ or ~~precinct~~; 24
	79	+	(5) influence or attempt to influence a voter’s voting decision through the 22
	80	+	use of force, FRAUD, threat, menace, intimidation, bribery, reward, or offer of reward; 23
84	81
85		-	(5) influence or attempt to influence a voter’s ~~voting~~ decision through the 25
86		-	~~use of~~ force, FRAUD, threat, menace, intimidation, bribery, reward, or offer of reward~~; 26~~
	82	+	(6) influence or attempt to influence a voter’s decision, through the use of 24
	83	+	force, fraud, threat, menace, intimidation, bribery, reward, or offer of reward, whether to: 25
87	84
88		-	(6) influence or attempt to influence a voter’s decision, through the use of 27
89		-	force, fraud, threat, menace, intimidation, bribery, reward, or offer of reward, whether to: 28
	85	+	(i) go to the polls to cast a vote; or 26
90	86
91		-	(i) ~~go to the polls to cast a vote~~; or 29
	87	+	(ii) vote by other lawful means; or 27
92	88
93		-	(ii) vote by other lawful means; or 30
	89	+	(7) engage in conduct that results or has the intent to result in the denial 28
	90	+	or abridgement of the right of any citizen of the United States to vote on account of race, 29
	91	+	color, or disability. 30
94	92		SENATE BILL 361 3
95	93
96	94
97		-	(7) ~~engage~~ in ~~conduct that results or has the intent to result in the denial~~ 1
98		-	~~or abridgement~~ of ~~the right~~ of ~~any citizen of the United States to vote on account of race,~~ 2
99		-	~~color,~~ or ~~disability~~. 3
	95	+	(c) Except as provided in § 16–1002 of this title, a person who violates this section 1
	96	+	is guilty of a misdemeanor and on conviction is subject to a fine of not more than $5,000 or 2
	97	+	imprisonment for not more than 5 years or both. 3
100	98
101		-	(c) Except as provided in § 16–1002 of this title, a person who violates this section 4
102		-	is guilty of a misdemeanor and on conviction is subject to a fine of not more than $5,000 or 5
103		-	imprisonment for not more than 5 years or both. 6
	99	+	(d) A person who violates this section is subject to § 5–106(b) of the Courts Article. 4
104	100
105		-	(d) A person who violates this section is subject to § 5–106(b) of the Courts Article. 7
	101	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 5
	102	+	1, 2025. 6
106	103
107		-	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 8
108		-	1, 2025. 9
109		-
110		-
111		-
112		-
113		-	Approved:
114		-	________________________________________________________________________________
115		-	Governor.
116		-	________________________________________________________________________________
117		-	President of the Senate.
118		-	________________________________________________________________________________
119		-	Speaker of the House of Delegates.