The state elections board is poised to begin regulating candidates' Facebook pages and Twitter accounts, a move that officials say is intended to enhance transparency — and help voters distinguish the real campaign messages from the fake ones.
"With the way information can go viral, it is important to know who is the source of the posting," said Jared DeMarinis, director of the State Board of Elections. "In tight elections, misinformation could swing the outcome."
A push to pass the new rules in time for the current election cycle could place Maryland among the first in the country to oversee how campaigns use social networking sites. California and Wisconsin are considering similar measures but have faced opposition from groups that fear an infringement on First Amendment rights.
The board is to vote on the rules today, but final approval from a state legislative committee will still be required. DeMarinis says he is fast-tracking the approval process in hopes of getting the rules in place for November.
The proposal would require campaigns to add the standard disclosure sentence that is now mandatory for printed materials to blogs, online advertising and social networking sites. The sentence gives the name of the campaign committee paying for that material and the name of the treasurer.
Gov. Martin O'Malley, former Gov. Robert L. Ehrlich Jr. and state Democrats and Republicans use Twitter and Facebook to communicate with supporters, as do many candidates in local races. All would be subject to the new rules.
As governor, O'Malley also has official social networking sites maintained by his state communications staff. Those would not be subject to the new rules.
In the case of Twitter, where the site does not give users enough space for a full disclosure sentence, campaigns would need to register the site with the state board, which would post a list of official campaign Twitter accounts. Failure to comply would be a misdemeanor, punishable by up to a $1,000 fine or imprisonment for a year.
Facebook and other social networking sites allow individuals unaffiliated with campaigns to easily and cheaply create their own pages supporting or opposing a candidate. Those would not be subject to regulation, DeMarinis said: "An individual has a right to speak on politics."
But some worry that even with an exemption for individuals the proposed rules would encroach on protected political speech.
"I've seen references to the Internet being viewed as the Wild West of campaigns," said Sean Parnell, president of the Center for Competitive Politics. "We think that is healthy."
Parnell called rules that would force a campaign to register a website with a state election authority "very dangerous territory." He said viewers ought to be able to determine on their own whether a site is official or not.
"Here you get into the issue that if politicians want to speak, they have to register to do so," he said.
Sean Kibby, a recent University of Maryland graduate who helped Republican state senators set up Facebook and Twitter accounts this year, said it is "probably a good idea" for some regulation.
Kibby, who had not seen the new rules, said citizens "need an avenue" to help them determine whether an account is official.
A California election authority has held a series of hearings to air potential concerns about extending similar regulations on social networking sites. One major area of debate has been whether organizations not currently regulated would be covered by the new rules, said Roman Porter, executive director of the California Fair Political Practices Commission.
"There is a clear distinction between individuals who are using the Internet the same way as a town crier as opposed to individuals who are paid by a campaign to deliver a campaign message," Porter said. "The commission is very aware of that distinction."
In Wisconsin, elections officials are also trying to fashion new rules but are wary of how their proposal might rub against technological limitations. Google Ads, for example, point viewers to an official website, but include only a limited number of characters.
"The most important thing is for the voters to understand who is behind political ads," said Reid Magney, public information officer for the Wisconsin Government Accountability Board. "People judge candidates by the tone and the content of their advertising."
Baltimore Sun reporter Julie Bykowicz contributed to this article.
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