1. (a)

   1. (1) In this section the following words have the meanings indicated.
   2. (2) “Election disinformation” means incorrect or misleading information regarding the time, place, or manner of an election, election results, or voting rights in the State that is knowingly and deliberately disseminated.
   3. (3) “Election misinformation” means incorrect or misleading information regarding the time, place, or manner of an election, election results, or voting rights in the State.

2. (b)

   1. (1) The State Board shall maintain a portal on the State Board's website that the public may use to report election misinformation and election disinformation.
   2. (2) The State Board shall conduct a periodic review of material submitted by the public through the portal and, to the extent necessary, issue corrective information or refer submissions to the State Prosecutor.

3. (c)

   1. (1)

      1. (i) If the State Administrator receives a credible report that election misinformation or election disinformation, including a deepfake, has been or is being communicated, disseminated, or distributed, the State Administrator:

         1. 1. shall communicate, disseminate, or distribute to the public accurate information to correct the election misinformation or election disinformation;
         2. 2. except as provided in subparagraph (ii) of this paragraph, may seek an injunction in accordance with the Maryland Rules for the removal of the election misinformation or election disinformation from any online platform; and
         3. 3. may issue a subpoena in accordance with the federal Stored Communications Act, if applicable, for records related to the dissemination or distribution of the election misinformation or election disinformation, including information related to the targeted audience.
      2. (ii) The State Administrator may not seek an injunction under subparagraph (i)2 of this paragraph against an interactive computer service, as defined in 47 U.S.C. § 230, for content disseminated by another person through the interactive computer service.

   2. (2)

      1. (i) The State Board may not file a civil action under this paragraph against a person:

         1. 1. exempt from the requirements of § 16-905 of this article; or
         2. 2. who seeks to detect, report, prevent, investigate, respond to, or prosecute persons responsible for security breaches, identity theft, fraud, harassment, or other malicious or illegal activity.

      2. (ii) The State Board, in consultation with the State Administrator, may file a civil action in a court of competent jurisdiction within the State against a person, campaign, political action committee, or other legal entity if the State Board:

         1. 1. finds that the person created, used, or disseminated:

            1. A. election disinformation; or
            2. B. with reckless disregard, election misinformation; and
         2. 2. incurs costs to communicate, disseminate, or distribute to the public accurate information to correct the election misinformation or election disinformation.
   3. (3) The State Board may seek damages, court costs, and attorney's fees in a civil action filed under paragraph (2)(ii) of this subsection.

   4. (4) A court may award damages, court costs, or attorney's fees in a civil action filed under paragraph (2)(ii) of this subsection only based on a showing by clear and convincing evidence that the person, campaign, political action committee, or other legal entity created, used, or disseminated:

      1. (i) election disinformation; or
      2. (ii) with reckless disregard, election misinformation.

Added by Acts 2024, c. 126, § 1, eff. June 1, 2024. Amended by Acts 2026, c. 444, § 1, eff. June 1, 2026.