119-s840

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 840 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 840

 To hold accountable operators of social media platforms that 
 intentionally or knowingly host false election administration 
 information.

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 March 4, 2025

Mr. Welch (for himself, Ms. Hirono, Ms. Klobuchar, Mr. Merkley, and Mr. 
Lujan) introduced the following bill; which was read twice and referred 
 to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

 A BILL

 To hold accountable operators of social media platforms that 
 intentionally or knowingly host false election administration 
 information.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Digital Integrity in Democracy 
Act''.

SEC. 2. EXCEPTION TO 

SECTION 230 IMMUNITY FOR SOCIAL MEDIA PLATFORM 
 OPERATORS HOSTING FALSE ELECTION ADMINISTRATION 
 INFORMATION.

 

Section 230 of the Communications Act of 1934 (47 U.S.C. 230) is 
amended--

    (1) in subsection
            (c) (1) --
        (A) by striking ``No provider'' and inserting the 
 following:
 ``
        (A) In general.--Except as provided in 
 subparagraph
        (B) , no provider''; and
        (B) by adding at the end the following:
 ``
        (B) Exception.--Subparagraph
        (A) shall not apply 
 with respect to false election administration 
 information that the operator of a social media 
 platform intentionally or knowingly hosts on the social 
 media platform.''; and

    (2) in subsection

    (f) , by adding at the end the following:
 ``

    (5) Covered election.--The term `covered election' has 
 the meaning given the term `election' under 

section 301

    (1) of 
 the Federal Election Campaign Act of 1971 (52 U.S.C. 30101

    (1) ).
 ``

    (6) False election administration information.--
 ``
        (A) In general.--The term `false election 
 administration information', with respect to a social 
 media platform, means objectively incorrect information 
 that--
 ``
            (i) relates to--
 ``
            (I) the time, place, or manner of 
 holding any covered election; or
 ``
            (II) the qualifications for or 
 restrictions on voter eligibility for 
 any covered election, including--
 ``

    (aa) any criminal, civil, 
 or other legal penalties 
 associated with voting in any 
 covered election; or
 ``

    (bb) information 
 regarding the registration 
 status or eligibility of a 
 voter; and
 ``
            (ii) is publicly accessible on the social 
 media platform.
 ``
        (B) Political speech excluded.--The term `false 
 election administration information' does not include 
 any content that relates to political speech in favor 
 of or against--
 ``
            (i) a candidate (as defined in 

section 301

    (2) of the Federal Election Campaign Act of 
 1971 (52 U.S.C. 30101

    (2) ));
 ``
            (ii) an individual who holds a Federal 
 office (as defined in 

section 301

    (3) of the 
 Federal Election Campaign Act of 1971 (52 
 U.S.C. 30101

    (3) )); or
 ``
            (iii) a political party.
 ``

    (7) Social media platform.--The term `social media 
 platform' means a social media platform, as defined in 

section 124

    (a)

    (2) of the Trafficking Victims Prevention and Protection 
 Reauthorization Act of 2022 (42 U.S.C. 1862w

    (a)

    (2) ), that had 
 not fewer than 25,000,000 unique monthly users in the United 
 States for a majority of the months during the most recent 12-
 month period, except that such 

section 124

    (a)

    (2) shall be 
 applied by substituting `an interactive computer service' for 
 `a website or internet medium'.''.

SEC. 3. FALSE ELECTION ADMINISTRATION INFORMATION REMOVAL PROCESS.

    (a) 

=== Definitions. ===
-In this section:

    (1) Election day.--The term ``election day'' means, with 
 respect to any covered election (as defined in 

section 230 of 
 the Communications Act of 1934 (47 U.S.C. 230), as amended by 
 

section 2)--
        (A) the date on which the covered election is held; 
 and
        (B) any day during the period--
            (i) beginning on the earlier of--
            (I) the first day during which 
 early voting for such election is 
 allowed; or
            (II) the first day on which the 
 State distributes absentee ballots for 
 such election; and
            (ii) ending on the date of such election.

    (2) False election administration information.--The term 
 ``false election administration information'' has the meaning 
 given the term in 

section 230 of the Communications Act of 1934 
 (47 U.S.C. 230), as amended by 

section 2.

    (3) Social media platform.--The term ``social media 
 platform'' has the meaning given the term in 

section 230 of the 
 Communications Act of 1934 (47 U.S.C. 230), as amended by 
 

section 2.

    (4) Written.--The term ``written'', with respect to a 
 communication, includes a written electronic communication.

    (b) Removal Process.--

    (1) Removal required.--If an operator of a social media 
 platform receives a complete notification, in accordance with 
 paragraph

    (2) , that false election administration information 
 is being hosted on the social media platform, the operator 
 shall--
        (A) determine whether the alleged false election 
 administration information is objectively incorrect;
        (B) if the determination under subparagraph
        (A) is 
 that the alleged false election administration 
 information is objectively incorrect, remove the false 
 election administration information--
            (i) not later than 48 hours after receiving 
 the complete notification, if received on a day 
 other than an election day; or
            (ii) not later than 24 hours after 
 receiving the complete notification, if 
 received on an election day; and
            (C) not later than 12 hours after removing false 
 election administration information, provide a written 
 response to the complainant stating that the operator 
 removed the false election administration information.

    (2) Notification requirements.--A notification described in 
 paragraph

    (1) shall--
        (A) be a written notification submitted to the 
 operator of the social media platform;
        (B) contain a description of the false election 
 administration information being hosted on the social 
 media platform that is reasonably sufficient for the 
 operator to locate the false election administration 
 information; and
            (C) contain the name and contact information of the 
 complainant, including mailing address, telephone 
 number, and email address.
            (c) Enforcement.--

    (1) Attorney general civil action.--The Attorney General 
 may bring a civil action in an appropriate district court of 
 the United States against an operator of a social media 
 platform that violates subsection

    (b)

    (1) for--
        (A) damages of $50,000 for each item of false 
 election administration information that was not 
 removed by the operator in accordance with that 
 subsection; and
        (B) injunctive relief relating to the removal of 
 false election administration information that is the 
 subject of the civil action.

    (2) State civil action.--The attorney general or secretary 
 of state of a State may bring a civil action in an appropriate 
 district court of the United States against an operator of a 
 social media platform that violates subsection

    (b)

    (1) with 
 respect to a covered election being held in that State for--
        (A) damages of $50,000 for each item of false 
 election administration information that was not 
 removed by the operator in accordance with that 
 subsection; and
        (B) injunctive relief relating to the removal of 
 false election administration information that is the 
 subject of the civil action.

    (3) Private right of action.--A candidate, as defined in 
 

section 301 of the Federal Election Campaign Act of 1971 (52 
 U.S.C. 30101), aggrieved by a violation of subsection

    (b)

    (1) may, after notifying the chief election official of the State 
 involved, bring a civil action in an appropriate district court 
 of the United States against the operator of a social media 
 platform that committed the violation for--
        (A) damages of $50,000 for each item of false 
 election administration information that was not 
 removed by the operator in accordance with that 
 subsection; and
        (B) injunctive relief relating to the removal of 
 false election administration information that is the 
 subject of the civil action.
            (d) Safe Harbor Relating to 

Section 230 Immunity Exception.--
Subparagraph
        (B) of 

section 230
            (c) (1) of the Communications Act of 1934 
(47 U.S.C. 230
            (c) (1) ), as added by 

section 2, shall not apply with 
respect to false election administration information hosted on a social 
media platform if the operator of the social media platform--

    (1) becomes aware of the information due to a notification 
 described in paragraph

    (2) of subsection

    (b) of this section 
 and removes the information in accordance with paragraph

    (1) of 
 that subsection; or

    (2) becomes aware of the information through means other 
 than a notification described in subsection

    (b)

    (2) of this 
 section and removes the information--
        (A) not later than 48 hours after becoming aware of 
 the information, if it becomes so aware on a day other 
 than an election day; or
        (B) not later than 24 hours after becoming aware of 
 the information, if it becomes so aware on an election 
 day.

SEC. 4. EFFECTIVE DATE.

 This Act, and the amendments made by this Act, shall apply with 
respect to any false election administration information alleged to be 
hosted on a social media platform on or after the date of enactment of 
this Act.
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