Maryland election misinformation and deepfake law (SB 141)
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Election Law – Election Misinformation, Election Disinformation, and Deepfakes
Maryland
Enacted statute
SB 141, 2026 Md. Laws ch. 444. Md. Code, Election Law §§ 2–110 and 16–905.[1]
Approved May 12, 2026.[1]
June 1, 2026.[1]
November 6, 2026 — chaptered text and effective date.
Maryland's election misinformation and deepfake law expanded the state's election information remedies and created a separate criminal offense for certain deceptive deepfakes. Governor Wes Moore approved Senate Bill 141 as Chapter 444 on May 12, 2026. It took effect June 1, 2026.[1]
Correcting election misinformation
Election Law § 2–110 covers misleading or incorrect information about election timing, location or procedures, results, or voting rights in Maryland. The statute distinguishes disinformation by its knowing and deliberate dissemination. The State Board of Elections must maintain a reporting portal and periodically review submissions. When the State Administrator receives a credible report, the administrator must give the public accurate corrective information. The administrator may seek removal by injunction, subject to the statutory restriction on suits against interactive computer services for another person's content, and may subpoena records subject to the federal Stored Communications Act where applicable.[1]
The board may bring a civil action in consultation with the administrator if it makes the specified finding of disinformation or reckless misinformation and incurs costs to correct it. The statute excludes people exempt under § 16–905 and people engaged in the specified security, fraud or other protective activities. An award of damages, court costs or attorney fees requires clear and convincing evidence of the conduct specified in § 2–110(c)(4).[1]
Criminal deepfake provision
Section 16–905 covers intentionally created or manipulated images, audio and video that realistically but falsely depict a person, whether made with generative AI or other digital technology. The offense requires knowing conduct or reckless disregard in creating, using or distributing a deepfake to produce materially false information. It also requires an enumerated electoral purpose and actual or intended harm to a voter, potential voter or petition. The purposes include influencing ballot casting or choices on candidates or ballot issues, misrepresenting voting and election processes, and influencing whether someone signs a ballot petition.[1]
The provision exempts satire and parody, qualifying broadcasters and news publications under specified conditions, and online publishers or providers for acts subject to federal Section 230 immunity. A conviction is a misdemeanor punishable by up to five years' imprisonment, a fine of up to $5,000, or both.[1]
Reported implementation
The Baltimore Sun reported on November 2 that election officials had received five complaints and identified one violation involving an advertisement with the wrong election date. That reporting describes the board's early experience. The complaint count does not establish a prosecution or conviction under § 16–905.[2]
Related coverage
- Maryland AI Law
- Deepfakes and digital replicas
- November 2, 2026: reporting on election misinformation complaints