Maryland Sen. Katie Fry Hester (D-Howard and Montgomery Counties) is leading the charge on artificial intelligence (AI) regulations with the 2026 election cycle fast-approaching.
Her first bill, SB0141 — which passed with unanimous bipartisan support in the Senate on Thursday —, specifically targets the use of AI-generated deepfakes to distribute election misinformation.
“This criminalizes the use of artificial intelligence to show an image of a polling place on fire, or advising voters that the election is over and they need not vote,” Deputy State Prosecutor Sarah David told members of the Senate Education, Energy and Environment Committee.
The bill would allow the state administrator of elections to seek an injunction for the removal of any election misinformation from online platforms and then require the administrator to release the correct information to the public.
After the content is taken down, the bill would give the state the ability to file a civil action against the perpetrator of misinformation, eligible for a maximum fine of $5,000 and five years in prison.
Maryland Administrator of Elections Jared DeMarinis testified in support of the bill, explaining it would give his office the necessary tools to address false information efficiently.
“The quicker that I can react to dis and misinformation, then I can help voters feel more empowered,” DeMarinis said.
The legislation now heads to the House of Delegates for approval.
Hester also introduced SB0008, which outlines legal ramifications for the creation of an AI deepfake impersonating someone with the intent to defraud, mislead or cause harm.
The bill expands beyond election-related deepfakes, but the regulation is timely as the United States is starting to see examples of political opponents using AI to defame other candidates.
“At its core, presenting false representation of someone using AI is a form of identity theft,” Hester said during the bill’s hearing in the Senate Judicial Proceedings Committee. “Maryland must act now this year to address the dangers posed by AI-driven identity fraud.”
The bill provides a path to justice for the subjects of deepfakes by allowing the victim to bring forth civil action and authorizing courts to order restitution for the cost of identity theft, including reasonable attorneys fees.
Hester clarified the bill does not criminalize the use of AI and that intent is key when it comes to determining if the produced deepfake could be subject to litigation.
The bill includes carve outs for satire and parity, as well as for broadcast and print media where appropriate disclosures are provided.
Perpetrators could be charged with a misdemeanor or felony depending on the severity of the content and a maximum fine of $25,000 and/or imprisonment up to 20 years.
Senate Bill 8 has not yet been voted on in committee.
