Amendment #2 to H5093

Further Defining Election Misinformation

Mr. Hong of Lowell moves to amend the bill in section 5, by adding to subsection (b) of section 70 the following paragraph:-

“(4) In determining whether a violation of this section has occurred, the attorney general or a court may consider whether such materially deceptive audio or visual media or such materially deceptive election-related communication was targeted toward or disproportionately affected protected classes of voters, including but not limited to senior citizens, students, individuals with disabilities, or voters who are members of language-minority communities.”;

And by adding the following section:-

“SECTION 6. Said chapter 56 is hereby further amended by adding the following section:-

Section 70A. (a) For purposes of this section “election misinformation” shall mean any materially false or deceptive statement, representation, or communication, made knowingly or with reckless disregard for its truth or falsity, that is reasonably likely to interfere with or suppress an individual’s ability to participate in an election, including but not limited to false information concerning: (a) voter eligibility or qualifications to vote; (b) voter identification requirements; (c) the date, time, or location of polling places or ballot drop-off locations; (d) the method of casting a ballot, including absentee, mail-in, early, or in-person voting; or (e) the rejection, invalidation, or disqualification of a ballot.

(b) A person, candidate, campaign committee, political action committee, political issues committee, political party or other entity shall not distribute election misinformation.

(c) In determining whether a violation of this section has occurred, the attorney general or a court may consider whether such election misinformation was targeted toward or disproportionately affected protected classes of voters, including but not limited to senior citizens, students, individuals with disabilities, or voters who are members of language-minority communities.”.

Additional co-sponsor(s) added to Amendment #2 to H5093

Further Defining Election Misinformation