Sec. 3. False election administration information removal process
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/bill/119/s/840/is/section-3A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this section: 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)— the date on which the covered election is held; and any day during the period— beginning on the earlier of— the first day during which early voting for such election is allowed; or the first day on which the State distributes absentee ballots for such election; and ending on the date of such election.
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. 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. The term written , with respect to a communication, includes a written electronic communication. 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— determine whether the alleged false election administration information is objectively incorrect; if the determination under subparagraph
(A)is that the alleged false election administration information is objectively incorrect, remove the false election administration information— not later than 48 hours after receiving the complete notification, if received on a day other than an election day; or not later than 24 hours after receiving the complete notification, if received on an election day; and 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. A notification described in paragraph
(1)shall— be a written notification submitted to the operator of the social media platform; 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 contain the name and contact information of the complainant, including mailing address, telephone number, and email address. 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— 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 injunctive relief relating to the removal of false election administration information that is the subject of the 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— 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 injunctive relief relating to the removal of false election administration information that is the subject of the civil 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— 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 injunctive relief relating to the removal of false election administration information that is the subject of the civil action. 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— 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 becomes aware of the information through means other than a notification described in subsection (b)(2) of this section and removes the information— 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 not later than 24 hours after becoming aware of the information, if it becomes so aware on an election day.
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