Will Maryland’s new bill protect our elections, or will it chill free speech and pave the way for more fraud?

From UncoverDC. The Maryland State House is set to vote on HB0333, a bill that addresses disinformation on social media and influence related to elections and voting in Maryland. Here is the kicker, though. It puts the Maryland State Board of Elections in charge of investigating and adjudicating claims of voter suppression or false claims about election administration or election results.

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Have you taken your place on the wall?

According to a March 7 recorded Zoom call, Maryland State Board of Elections (MDSBE) Director Jared DeMarinis and several state legislators believe the bill is specific enough to avoid infringement of First Amendment speech. However, others are not so sure. The two Republican legislators on the Election Law Subcommittee, Delegates April Miller and Mike Griffith, voiced their concerns about chilling speech. Even Denise Roberts, one of the more progressive delegates, argued the law could result in “subjective” decisions that could improperly target citizens. …

What Does HB0333 Require?

The amended bill (not officially posted) requires the Maryland SBE to take specific actions to counter election disinformation on large social media platforms. The original bill  required social media platforms to contact the SBE “within 48 hours after a large social media platform becomes aware of an account or a post that communicates election disinformation.” It also imposed hefty fines for not notifying the State Board. However, according to Stan Ward, a legislator who sits on the Ways and Means Committee, “there are no longer any requirements on large social media platforms to do anything with respect to election disinformation.” Rather, the bill now only asks the SBE to notify social media platforms “when they become aware of election disinformation.” Ward’s statements are confirmed in the unofficial copy of the amended bill obtained by UncoverDC by a Maryland citizen. The amended bill passed through the subcommittee and will be voted on by the full committee before Monday, March 18, at 5 p.m.

Ward also states in the recorded discussion that the bill also requires the state to maintain a “voter suppression action portal” on its website. The public would use the portal to report election disinformation and voter suppression activities. …

Delegate Mike Griffith (R) shared his views about what happened during the pandemic as an example of why he is concerned about the bill. Griffith pointed out:

“There were some things that they [the govt] said [during the pandemic] was misinformation, but then it turned out to be true. Like in 2020, people were kicked off social media platforms for saying COVID-19 came from a lab. But now we know that is actually true. How do we sort this stuff out?” …

Delegate Denise Roberts (D) was also concerned that judgments “about something being disinformation” could become subjective. “I feel like this bill opens the door to so many ambiguous issues. Issues with determining what is going to be disinformation.” …

While Griffith, Roberts and several others on the recorded meeting were swiftly reassured that the bill would not infringe on legitimate questions about election administration or a citizen’s right to legitimately question an election outcome, recent history informs us differently. Since 2020, citizens who have earnestly questioned election administration or the results of a given race are routinely labeled “election deniers.” Some have even been labeled domestic terrorists. …

According to the Movement Advancement Project, Maryland is not the only state that has moved to update its laws to guard against election-related disinformation. However, HB033 appears to be a more robust attempt to address the matter. Pennsylvania has big plans to beef up its efforts to combat these thought crimes. In February, Pennsylvania Governor Josh Shapiro announced his plan to save us from ourselves by launching his Election Threats Task Force to “protect voters from intimidation and provide voters with accurate, trusted election information.”

State Boards of Elections routinely state it is a conspiracy theory to state that voter rolls should be addressed or that machines are not connected to the internet, or that voter challenges suppress voters, evidence, facts, and data be damned. It is no wonder there is little confidence in the election universe that state boards will suddenly see the light and only investigate legitimate, clear-cut examples of fraud or election malfeasance.

Share this article to encourage others to pray for our elections and about HB0333.

(Excerpt from UncoverDC. Photo Credit: mstahlphoto/Getty Images Signature via Canva Pro)