Election Misinformation and the Internet

Election misinformation is not a new tactic.

Twenty years ago in Maryland, flyers encouraged people to vote on a date two days after Election Day.

I passed a bill making it a crime to knowingly use fraud or other means to influence a voter’s decision whether to vote.

Misinformation has now found a home on the Internet.

How can we regulate the bad actors and not violate the First Amendment rights of websites?

I spoke with experts in drafting my bill.

I sought advice from the Attorney General’s Office.

This bill, as drafted, the AG responded, would be at “serious risk of being declared in violation of the First Amendment.”

On Wednesday, I drafted amendments to address those concerns.

This afternoon, the amendment drafter asked me, “How often do you want the State Board to review the voter suppression action line? Would this be a daily/weekly/monthly thing?”

“Daily within one month of the mailing of ballots,” I replied.  “Otherwise monthly.”

The bill hearing is next Tuesday.

I want the opponents of the bill, as it was introduced, to be testifying about the bill as it’s been amended.

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