,,ii #aaith ,,congress #ast ,session ,s4 #hdj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #d1 #bjbe ,mr4 ,welch 7for himself1 ,ms4 ,hirono1 ,ms4 ,klobuchar1 ,mr4 ,merkley1 and ,mr4 ,lujn7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to hold accountable operators of social media platforms that intentionally or knowingly host false election administration information4 #a4 ,short title ,this ,act may be cited as the ,digital ,integrity in ,democracy ,act4 #b4 ,exception to section #bcj immunity for social media platform operators hosting false election administration information ,section #bcj of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bcj7 is amended-- 7#a7 in subsection 7c77#a7-- 7,a7 by striking ,no provider and inserting the following3 7,a7 ,in general ,except as provided in subparagraph 7,b71 no provider 2 and 7,b7 by adding at the end the following3 7,b7 ,exception ,subparagraph 7,a7 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 platform4 2 and 7#b7 in subsection 7f71 by adding at the end the following3 7#e7 ,covered election ,the term covered election has the meaning given the term election under section #cja7a7 of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaja7a774 7#f7 ,false election administration information 7,a7 ,in general ,the term false election administration information1 with respect to a social media platform1 means objectively incorrect information that-- 7i7 relates to-- 7,i7 the time1 place1 or manner of holding any covered election2 or 7,,ii7 the qualifications for or restrictions on voter eligibility for any covered election1 including-- 7aa7 any criminal1 civil1 or other legal penalties associated with voting in any covered election2 or 7bb7 information regarding the registration status or eligibility of a voter2 and 7ii7 is publicly accessible on the social media platform4 7,b7 ,political speech excluded ,the term false election administration information does not include any content that relates to political speech in favor of or against-- 7i7 a candidate 7as defined in section #cja7b7 of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaja7b7772 7ii7 an individual who holds a ,federal office 7as defined in section #cja7c7 of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaja7c7772 or 7iii7 a political party4 7#g7 ,social media platform ,the term social media platform means a social media platform1 as defined in section #abd7;a77#b7 of the ,trafficking ,victims ,prevention and ,protection ,reauthorization ,act of #bjbb 7#db ,u4,s4,c4 #ahfbw7a77#b771 that had not fewer than #be1jjj1jjj unique monthly users in the ,united ,states for a majority of the months during the most recent #ab-month period1 except that such section #abd7;a77#b7 shall be applied by substituting an interactive computer service for a website or internet medium4 4 #c4 ,false election administration information removal process 7a7 ,definitions ,in this section3 7#a7 ,election day ,the term election day means1 with respect to any covered election 7as defined in section #bcj of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bcj71 as amended by section #b7-- 7,a7 the date on which the covered election is held2 and 7,b7 any day during the period-- 7i7 beginning on the earlier of-- 7,i7 the first day during which early voting for such election is allowed2 or 7,,ii7 the first day on which the ,state distributes absentee ballots for such election2 and 7ii7 ending on the date of such election4 7#b7 ,false election administration information ,the term false election administration information has the meaning given the term in section #bcj of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bcj71 as amended by section #b4 7#c7 ,social media platform ,the term social media platform has the meaning given the term in section #bcj of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bcj71 as amended by section #b4 7#d7 ,written ,the term written1 with respect to a communication1 includes a written electronic communication4 7b7 ,removal process 7#a7 ,removal required ,if an operator of a social media platform receives a complete notification1 in accordance with paragraph 7#b71 that false election administration information is being hosted on the social media platform1 the operator shall-- 7,a7 determine whether the alleged false election administration information is objectively incorrect2 7,b7 if the determination under subparagraph 7,a7 is that the alleged false election administration information is objectively incorrect1 remove the false election administration information-- 7i7 not later than #dh hours after receiving the complete notification1 if received on a day other than an election day2 or 7ii7 not later than #bd hours after receiving the complete notification1 if received on an election day2 and 7,c7 not later than #ab hours after removing false election administration information1 provide a written response to the complainant stating that the operator removed the false election administration information4 7#b7 ,notification requirements ,a notification described in paragraph 7#a7 shall-- 7,a7 be a written notification submitted to the operator of the social media platform2 7,b7 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 information2 and 7,c7 contain the name and contact information of the complainant1 including mailing address1 telephone number1 and email address4 7c7 ,enforcement 7#a7 ,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 7b77#a7 for-- 7,a7 damages of #ej1jjj for each item of false election administration information that was not removed by the operator in accordance with that subsection2 and 7,b7 injunctive relief relating to the removal of false election administration information that is the subject of the civil action4 7#b7 ,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 7b77#a7 with respect to a covered election being held in that ,state for-- 7,a7 damages of #ej1jjj for each item of false election administration information that was not removed by the operator in accordance with that subsection2 and 7,b7 injunctive relief relating to the removal of false election administration information that is the subject of the civil action4 7#c7 ,private right of action ,a candidate1 as defined in section #cja of the ,federal ,election ,campaign ,act of #aiga 7#eb ,u4,s4,c4 #cjaja71 aggrieved by a violation of subsection 7b77#a7 may1 after notifying the chief election official of the ,state involved1 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-- 7,a7 damages of #ej1jjj for each item of false election administration information that was not removed by the operator in accordance with that subsection2 and 7,b7 injunctive relief relating to the removal of false election administration information that is the subject of the civil action4 7d7 ,safe harbor relating to section #bcj immunity exception ,subparagraph 7,b7 of section #bcj7;c77#a7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bcj7;c77#a771 as added by section #b1 shall not apply with respect to false election administration information hosted on a social media platform if the operator of the social media platform-- 7#a7 becomes aware of the information due to a notification described in paragraph 7#b7 of subsection 7b7 of this section and removes the information in accordance with paragraph 7#a7 of that subsection2 or 7#b7 becomes aware of the information through means other than a notification described in subsection 7b77#b7 of this section and removes the information-- 7,a7 not later than #dh hours after becoming aware of the information1 if it becomes so aware on a day other than an election day2 or 7,b7 not later than #bd hours after becoming aware of the information1 if it becomes so aware on an election day4 #d4 ,effective date ,this ,act1 and the amendments made by this ,act1 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 ,act4