House Bill 26-005

This act establishes procedures for compelling testimony in election-related proceedings and creates civil liability for certain knowingly false public claims of election fraud. The act applies to criminal, civil, and administrative proceedings involving election fraud or corruption, interference with voters or election officials, campaign-finance violations affecting election outcomes, certification or tabulation disputes, and other offenses directly affecting election integrity. Courts may order witnesses or defendants to provide full and truthful testimony under oath when the information is materially relevant and less restrictive methods of obtaining it are unavailable.

This act permits a court to compel testimony that might otherwise implicate the privilege against self-incrimination only after granting use and derivative-use immunity sufficient to protect that constitutional privilege. Before compelling testimony, the court must hold an evidentiary hearing and find by clear and convincing evidence that the testimony is essential to resolving a material issue, cannot reasonably be obtained through other investigative methods, and that the public interest in disclosure substantially outweighs the burden on the witness. A person who willfully refuses to testify after receiving a lawful order and immunity may be held in contempt, charged with obstruction or another applicable offense, and, in a civil election proceeding, may be subject to an adverse inference. Election proceedings under the act receive priority scheduling, with preliminary rulings generally expected within 14 days where practicable.

This act also establishes accountability for knowingly false allegations of election fraud or illegality. A person who publicly claims as fact that election fraud occurred and represents that they possess verifiable evidence capable of affecting an election's outcome generally must pursue available judicial or administrative remedies within 90 days or before certification, whichever is later. Civil liability may arise when materially false allegations are knowingly and intentionally made with actual malice and cause demonstrable harm, including threats, harassment, intimidation, employment consequences, economic losses, security expenses, or medical costs. The State, affected election officials or workers, and other injured persons or entities may seek actual damages, statutory damages, attorney fees and costs, and injunctive relief.

This act expressly protects good-faith political speech, opinions, speculation, satire, political rhetoric, reporting, recount requests, election contests, and legitimate administrative complaints. Liability does not arise when a person reasonably relied on documentary evidence, sworn testimony, official reports, or information from election officials, law enforcement, or accredited observers, even if that information is later proven inaccurate. The Attorney General has primary enforcement authority and must report annually on compelled testimony orders, civil actions, enforcement activity, and protections for lawful political speech. The act is subject to legislative review after five years to evaluate its effectiveness and constitutional implications. This act was approved March 25, 2026, and is scheduled to take effect August 18, 2026.