- Citation
- Md. Code, Election Law 16-905 (new) and 2-110 (amended)
- Enacted
- May 12, 2026
- Effective
- June 1, 2026
- When it applies
- anytime
- Media covered
- images, audio recordings, and video recordings intentionally created or manipulated with generative AI or other digital technology to realistically but falsely depict a person
- Who it covers
- any person (including candidates, campaigns, PACs, consultants, and vendors)
- Rule
- ban
- Intent required
- Knowingly or with reckless disregard, to produce materially false information, with intent to (1) impede, influence, or prevent a voter's decision to cast a ballot, (2) misrepresent voter registration, voting methods, election results, electoral processes, or election officials' duties, (3) induce someone to sign or not sign a ballot petition, or (4) influence a voter's decision to vote for or against a candidate or ballot issue; and the act results, or is intended to result, in harm to a voter, potential voter, or petition. "Influence" includes pressure, deception, trickery, or direct or indirect authority, regardless of medium.
- Exemptions
- satire or parody
- radio, TV, cable, and satellite broadcasters airing a deepfake when required by federal law to air candidate ads, as part of bona fide news coverage that discloses the content may be deceptive, or when paid to air it after a good faith effort to check it
- websites and regularly published newspapers, magazines, and periodicals that carry news and commentary and clearly state the content does not accurately represent the candidate's speech or conduct
- online publishers and service providers protected by 47 U.S.C. 230
- Criminal penalty
- Misdemeanor; fine up to $5,000, imprisonment up to 5 years, or both
- Civil penalty
- Separately, the State Board of Elections may sue a person, campaign, PAC, or entity that created, used, or spread election disinformation (or misinformation with reckless disregard) to recover its costs of public correction, plus court costs and attorney fees, on clear and convincing evidence (Election Law 2-110).
- Injunction available
- Yes
- Court challenges
- None found.
- Notes
- The injunction and subpoena powers belong to the State Administrator of Elections and cannot be used against interactive computer services for third-party content. Applies to all candidates, including federal, because it is framed as a voter-influence crime rather than an ad rule. Prior failed versions: SB 361 and HB 525 of 2025. The online Maryland Code had not yet been updated with 16-905 when checked; provisions confirmed against the Chapter 444 text (approved by Gov. Wes Moore May 12, 2026; Section 2 sets the June 1, 2026 effective date).