# Election Law (GEL)

## Title 16. Offenses and Penalties

### Subtitle 9. Other Offenses

#### Section 16-901

(a) A person may not falsely or fraudulently:

  (1) make, deface, or destroy a certificate of candidacy or certificate of nomination or any part of the certificate; or

  (2) file or suppress a certificate of candidacy or certificate of nomination that has been duly filed.

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine of not less than $100 nor more than $1,000 or imprisonment for not more than 3 years or both.

#### Section 16-902

(a) A person may not make a bet or wager on the outcome of an election held under this article.

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine of not less than $50 nor more than $500 to be paid to the State.

(c) Any deposit of money as a bet or a wager on the outcome of an election shall be forfeited and paid to the governing body of the county where the money is deposited.

#### Section 16-903

(a) Except as provided in subsection (b) of this section, a person may not attire or equip an individual, or permit an individual to be attired or equipped, in a manner which creates the appearance that the individual is performing an official or governmental function in connection with an election, including:

  (1) wearing a public or private law enforcement or security guard uniform;

  (2) using an armband; or

  (3) except as required by law or by regulation adopted by the State Board in connection with ballot security activities, carrying or displaying a gun or badge within 100 feet of a polling site on election day.

(b)

  (1) A law enforcement officer or security guard who is on duty or traveling to or from duty may vote while wearing a uniform.

  (2) A law enforcement officer who is performing an official governmental function may wear a uniform at a polling site.

(c) A person who violates this section is subject to the civil penalty specified under Sec. 16-1002 of this title.

#### Section 16-904

(a)

  (1) In this section the following words have the meanings indicated.

  (2)

    (i) "Election official" means:

      (1) the State Administrator;

      (2) a member of the State Board;

      (3) an employee of the State Board;

      (4) counsel to the State Board;

      (5) a county election director appointed under Sec. 2-202 of this article;

      (6) a member of a local board;

      (7) an employee of a local board;

      (8) counsel to a local board; or

      (9) an election judge.

    (ii) "Election official" includes:

      (1) an individual who takes the oath prescribed in Article I, Sec. 9 of the Maryland Constitution to assist in administering an election; and

      (2) a page as defined in Sec. 10-401 of this article.

  (3) "Electronic communication" has the meaning stated in Sec. 3-805 of the Criminal Law Article.

  (4) "Harm" includes:

    (i) serious injury; and

    (ii) serious emotional distress.

  (5) "Immediate family member" includes:

    (i) a parent;

    (ii) a spouse; and

    (iii) a child.

  (6) "Threat" includes:

    (i) an oral threat;

    (ii) a threat made by electronic communication; and

    (iii) a threat in any written form, whether or not the writing is signed, or if the writing is signed, whether or not it is signed with a fictitious name or any other mark.

(b) A person may not knowingly and willfully make a threat to harm an election official or an immediate family member of an election official because of the election official's role in administering the election process.

(c) A person may not knowingly send, deliver, part with, or make for the purpose of sending or delivering a threat prohibited under subsection (b) of this section.

(d) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $2,500 or both.

#### Section 16-905

(a)

  (1) In this section the following words have the meanings indicated.

  (2) "Deepfake" means an image, an audio recording, or a video recording that has been intentionally created or manipulated with the use of generative artificial intelligence or other digital technology to create a realistic but false depiction of a person that an ordinary person would conclude is an actual visual or audio representation of the person depicted.

  (3) "Influence" has the meaning stated in Sec. 16-201 of this title.

(b) This section does not apply:

  (1) with respect to a deepfake that is satire or parody;

  (2) to a radio or television broadcasting station, including a cable or satellite television operator, programmer, or producer, or an affiliate of the radio or television broadcasting station, that broadcasts a deceptive and fraudulent deepfake if:

    (i) the broadcast is required by the federal law that requires broadcasters to air advertisements from legally qualified candidates;

    (ii) the broadcast is part of a bona fide newscast, a news interview, a news documentary, or on-the-spot coverage of bona fide news events;  or

    (iii) the broadcaster has been paid to broadcast the deepfake;

  (3) to a website or regularly published newspaper, magazine, or other periodical of general circulation, including an Internet or electronic publication, that routinely carries news and commentary of general interest and that publishes a deceptive and fraudulent deepfake; or

  (4) to any online publisher or service provider for acts that would be subject to immunity under 47 U.S.C. Sec. 230.

(c) A person may not knowingly or with reckless disregard create, use, or disseminate a deepfake to produce materially false information if:

  (1) the person has the intent to use the deepfake to:

    (i) impede, influence, prevent, or attempt to impede, influence, or prevent a voter's decision to cast a ballot;

    (ii) misrepresent facts relating to voter registration, voting methods, election results, electoral processes, or official duties of an election official;

    (iii) induce or attempt to induce another individual to sign or not sign a petition for a question to appear on a ballot; or

    (iv) influence or attempt to influence a voter's decision whether to vote for or against a candidate or ballot issue; and

  (2) the creation, use, or dissemination of the deepfake results, or has the intent to result, in harm to a voter, potential voter, or petition.

(d) A person who violates subsection (c) of this section is guilty of a misdemeanor and on conviction is subject to a fine of not more than $5,000 or imprisonment for not more than 5 years or both.

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Md. Code Ann., Election Law (as displayed at mgaleg.maryland.gov, October 16, 2026)