Elections During Emergencies

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A bill to be entitled 1
An act relating to elections during emergencies; 2
creating s. 101.7311, F.S.; requiring that elections, 3
in the event of an emergency, be conducted in 4
accordance with specified provisions and carried out 5
in a certain manner; amending s. 101.732, F.S.; 6
revising the definition of the term "emergency"; 7
creating s. 101.7325, F.S.; authorizing supervisors of 8
elections to request approval from the Secretary of 9
State to take specified actions under specified 10
conditions; specifying requirements for such request; 11
requiring that supervisors submit all such requests at 12
once, to the extent practicable; authorizing the 13
submission of revised or additional requests under 14
specified circumstances; requiring the secretary to 15
approve or deny requests within a specified timeframe; 16
requiring the secretary to consider specified factors; 17
providing that requests are deemed approved under 18
specified conditions; requiring the secretary to 19
publish approvals and denials on the Department of 20
State's website; requiring the department to maintain 21
an official record of all requests, approvals, and 22
denials for public inspection; requiring that such 23
records be compiled in a certain format; requiring 24
that such records be used for specified purposes; 25

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authorizing supervisors to take specified actions 26
under specified circumstances; specifying requirements 27
for such actions; amending s. 101.733, F.S.; requiring 28
that notice of a rescheduled election be posted on any 29
social media account controlled by the supervisor or 30
the supervisor's office, on the affected county's 31
social media accounts, and a certain newspaper; 32
requiring that contingency planning and procedures for 33
elections be implemented in accordance with specified 34
provisions; deleting provisions requiring the Division 35
of Elections to adopt rules for an elections emergency 36
contingency plan; creating s. 101.735, F.S.; requiring 37
the division to adopt by rule a statewide election 38
emergency contingency plan; requiring the plan to 39
include specified procedures; requiring supervisors, 40
in consultation with local emergency management 41
officials, to develop a local election emergency 42
contingency plan and submit such plan to the division 43
for approval by a specified date; requiring the 44
division to determine the sufficiency of such plan by 45
a specified date; requiring a supervisor to submit a 46
revised plan within a specified timeframe, under a 47
specified condition; providing criteria for 48
determining sufficiency; requiring that such plans be 49
implemented in conjunction with specified provisions 50

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to ensure coordination of emergency powers and 51
availability of equipment; creating s. 101.736, F.S.; 52
defining the term "tabletop exercise"; requiring the 53
secretary, in coordination with the supervisors, to 54
develop an election emergency training program; 55
providing that the training program is required for 56
newly elected or appointed supervisors and critical 57
staff, as determined by the supervisor; requiring the 58
secretary to update such training periodically; 59
requiring the secretary to convene a workgroup by a 60
specified date to create a certain list; specifying 61
requirements for the workgroup; requiring the 62
secretary to use the list for specified actions; 63
creating s. 101.738, F.S.; requiring the division to 64
maintain a secure strategic election equipment reserve 65
for specified purposes; specifying requirements for 66
such reserve; authorizing the division, in lieu of a 67
reserve, to contract with certified vendors to provide 68
such equipment; specifying requirements for such 69
contract; requiring the division to submit an annual 70
report to the Governor and the Legislature by a 71
specified date; specifying requirements for the 72
report; amending s. 101.74, F.S.; revising the 73
criteria that a supervisor of elections uses to 74
establish an additional polling place under specified 75

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circumstances; authorizing qualified electors of the 76
affected precinct to vote in the new location; 77
requiring the supervisor to provide notice of the 78
temporary polling place through specified means; 79
authorizing supervisors to coordinate with emergency 80
management officials; providing construction; 81
providing an effective date. 82
83
Be It Enacted by the Legislature of the State of Florida: 84
85
Section 1. Section 101.7311, Florida Statutes, is created 86
to read: 87
101.7311 Application of Elections Emergency Act.—In the 88
event of an emergency, elections must be conducted in accordance 89
with the Elections Emergency Act which governs the suspension, 90
delay, rescheduling, contingency planning, and deployment of 91
election equipment necessary to ensure a safe and orderly 92
election. These provisions must be carried out in a manner that 93
upholds the integrity of elections administration, fosters trust 94
in elections, and secures the maximum possible participation of 95
eligible voters. 96
Section 2. Subsection (3) of section 101.732, Florida 97
Statutes, is amended to read: 98
101.732 Definitions relating to Elections Emergency Act.—99
As used in ss. 101.731-101.74: 100

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(3) "Emergency" means any occurrence, or threat thereof, 101
whether accidental, natural, or caused by human beings, in war 102
or in peace, that results or may result in substantial injury or 103
harm to the population or substantial damage to or loss of 104
property to the extent it will prohibit an election officer's 105
ability to conduct a safe and orderly election or impair the 106
ability of voters to safely and accessibly cast their ballot in 107
accordance with state and federal requirements ensuring equal 108
opportunity for all eligible voters. 109
Section 3. Section 101.7325, Florida Statutes, is created 110
to read: 111
101.7325 Election emergency.— 112
(1) If the Governor declares a state of emergency pursuant 113
to s. 252.36 less than 60 days before an election, the 114
supervisor of a county included in the state of emergency 115
declaration may request approval from the Secretary of State to 116
take any of the following actions necessary while the emergency 117
declaration continues to include the county as an affected area: 118
(a) Notwithstanding s. 101.657(1)(d), allow early voting 119
to occur the day before an election. 120
(b) Notwithstanding ss. 101.657 and 101.71, allow election 121
day voting at early voting sites. The request must set forth 122
sufficient facts to establish that a sufficient number of 123
designated early voting sites, or sites that may be designated 124
under subsection (3) are unavailable due to the emergency. For 125

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purposes of this paragraph, reasons that a polling place may be 126
unavailable include, but are not limited to, the polling place 127
no longer being safe for occupancy, the polling place being 128
located in an area that is currently dangerous or difficult to 129
travel to and from, or the polling place lacking adequate 130
utilities. An early voting site designated as a polling place 131
under this paragraph must, to the maximum extent practicable, be 132
geographically located so as to provide all voters in the area 133
with an equal opportunity to cast a ballot. 134
(c) Notwithstanding the designation deadline in s. 135
101.69(2)(b), designate additional secure ballot intake 136
stations. The request must identify the locations of the 137
additional secure ballot intake stations. 138
(d) Notwithstanding s. 102.012(2), appoint inspectors and 139
clerks who are registered qualified electors of this state but 140
who are not registered qualified electors of the applicable 141
county. 142
(2) Each supervisor who submits a request pursuant to 143
subsection (1) shall, to the extent practicable, submit all such 144
requests at once. A supervisor may submit revised or additional 145
requests if the emergency situation in his or her affected 146
county changes. The Secretary of State shall approve or deny the 147
requests in writing within 36 hours after receipt. In deciding 148
whether to approve the requests, the Secretary of State shall 149
consider the severity of the natural emergency, the damage to 150

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the impacted area, the extent of voter displacement, whether 151
voters in an affected area have an equal opportunity to cast a 152
ballot, and any factor that could impede voter access or 153
transport to polling places, early voting sites, or supervisor 154
offices. If the Secretary of State fails to approve or deny a 155
request within the 36-hour period, the request is deemed 156
approved. The Secretary of State shall publish each approval and 157
denial on the department's website as soon as practicable. The 158
department shall maintain an official record of all requests 159
submitted under subsection (1), together with all approvals and 160
denials, for public inspection pursuant to chapter 119 and shall 161
compile such records in a format that facilitates review and 162
analysis to strengthen future contingency planning and the 163
development of best practices in election administration. Such 164
records must also be used to inform the election emergency 165
training program and best practices workgroup required under s. 166
101.736. 167
(3) If the Governor declares a state of emergency pursuant 168
to s. 252.36 less than 60 days before an election, the 169
supervisor of a county included in the state of emergency 170
declaration may take any of the following actions necessary 171
while the emergency declaration continues to include the county 172
as an affected area, upon provision of notice to the Secretary 173
of State: 174
(a) Notwithstanding the designation deadline in s. 175

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101.657(1)(b), change the location of designated early voting 176
sites. The notice must identify the new address of each early 177
voting site and the hours during which early voting will occur 178
at each site. 179
(b) Notwithstanding the early voting site locations 180
specifically authorized in s. 101.657(1), designate early voting 181
sites at other locations in areas of the county where eligible 182
early voting locations are unavailable. The notice must set 183
forth sufficient facts to establish that a sufficient number of 184
early voting sites that were designated or that may be 185
designated under paragraph (a) are unavailable due to the 186
emergency. For purposes of this paragraph, reasons that an early 187
voting site may be unavailable include, but are not limited to, 188
the site no longer being safe for occupancy, the site being 189
located in an area that is currently dangerous or difficult to 190
travel to and from, or the site lacking adequate utilities. An 191
early voting site designated under this paragraph must, to the 192
maximum extent practicable, be geographically located so as to 193
provide all voters in the area with an equal opportunity to cast 194
a ballot. 195
(c) If the supervisor determines that a poll worker 196
shortage exists, appoint poll workers who have not met the 197
training requirements in s. 102.014. However, such poll workers 198
must have received the required training within the previous 2 199
years. 200

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(d) Send a vote-by-mail ballot to a voter who has 201
requested such ballot: 202
1. By forwardable mail or to an address other than the 203
address listed for the voter in the statewide voter registration 204
system. 205
2. Notwithstanding s. 101.62(1)(a) and (b), without the 206
voter's written request or if a written request is not signed. 207
3. Notwithstanding s. 101.62(3)(c), as soon as 208
practicable. 209
Section 4. Section 101.733, Florida Statutes, is amended 210
to read: 211
101.733 Emergency suspension or delay of an election 212
emergency; purpose; elections emergency contingency plan.—213
Because of the existing and continuing possibility of an 214
emergency or common disaster occurring before or during a 215
regularly scheduled or special election, and in order to ensure 216
maximum citizen participation in the electoral process and 217
provide a safe and orderly procedure for persons seeking to 218
exercise their right to vote, generally to minimize to whatever 219
degree possible a person's exposure to danger during declared 220
states of emergency, and to protect the integrity of the 221
electoral process, it is hereby found and declared to be 222
necessary to designate a procedure for the emergency suspension 223
or delay and rescheduling of elections. 224
(1) The Governor may, upon issuance of an executive order 225

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declaring a state of emergency or impending emergency, suspend 226
or delay any election. The Governor may take such action 227
independently or at the request of the Secretary of State, a 228
supervisor of elections from a county affected by the emergency 229
circumstances, or a municipal clerk from a municipality affected 230
by the emergency circumstances. 231
(2) The Governor, upon consultation with the Secretary of 232
State, shall reschedule any election suspended or delayed due to 233
an emergency. The election shall be held within 10 days after 234
the date of the suspended or delayed election or as soon 235
thereafter as is practicable. Notice of the election must be 236
published on the affected county's website as provided in s. 237
50.0311, on the affected supervisor's website, on any official 238
social media account controlled by the supervisor or the 239
supervisor's office, on the affected county's official social 240
media accounts, and or at least once in a newspaper of general 241
circulation in the affected area and, where practicable, 242
broadcast as a public service announcement on radio and 243
television stations at least 1 week before the date the election 244
is to be held. Contingency planning and procedures for elections 245
suspended or delayed under this section must be implemented in 246
accordance with s. 101.735. 247
(3) The Division of Elections of the Department of State 248
shall adopt, by rule, an elections emergency contingency plan, 249
which shall contain goals and policies that give specific 250

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direction to state and local elections officials when an 251
election has been suspended or delayed due to an emergency. The 252
contingency plan shall be statewide in scope and shall address, 253
but not be limited to, the following concerns: 254
(a) Providing a procedure for state and local elections 255
officials to follow when an election has been suspended or 256
delayed to ensure notice of the suspension or delay to the 257
proper authorities, the electorate, the communications media, 258
poll workers, and the custodians of polling places. 259
(b) Providing a procedure for the orderly conduct of a 260
rescheduled election, whether municipal, county, district, or 261
statewide in scope; coordinating those efforts with the 262
appropriate elections official, and the members of the governing 263
body holding such election, if appropriate; and working with the 264
appropriate emergency management officials in determining the 265
safety of existing polling places or designating additional 266
polling places. 267
(c) Providing a procedure for the release and 268
certification of election returns to the department for 269
elections suspended or delayed and subsequently rescheduled 270
under the provisions of ss. 101.731-101.74. 271
Section 5. Section 101.735, Florida Statutes, is created 272
to read: 273
101.735 Election emergency contingency plans.— 274
(1) The division shall adopt by rule a statewide election 275

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emergency contingency plan to provide specific direction in the 276
event that an emergency occurs preceding or during an election. 277
At a minimum, the contingency plan must include procedures to 278
accomplish all of the following: 279
(a) Ensure that necessary parties are notified of any 280
changes impacting an election that has been suspended, delayed, 281
rescheduled, or otherwise affected by an emergency. As used in 282
this paragraph, the term "necessary parties" includes proper 283
authorities, the electorate, the media, poll workers, and 284
polling place custodians. 285
(b) Ensure that an election that has been suspended, 286
delayed, rescheduled, or otherwise affected by an emergency is 287
conducted in a safe and orderly manner and include a plan to 288
coordinate the actions of the division, supervisors, county 289
canvassing boards and, if appropriate, members of the governing 290
body holding such election. 291
(c) Assess the safety and accessibility of existing 292
polling places and, when necessary, designate additional polling 293
places in coordination with emergency management officials. 294
(d) Release and certify returns to the division for 295
elections suspended, delayed, rescheduled, or otherwise affected 296
by an emergency. 297
(e) Coordinate efforts between supervisors in affected and 298
unaffected counties to ensure voting opportunities for affected 299
voters, including ensuring the delivery of vote-by-mail ballots 300

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to law enforcement officers, military personnel, first 301
responders, and utility line workers. 302
(2) Each supervisor, in consultation with local emergency 303
management officials, shall develop a local election emergency 304
contingency plan. The plan must be submitted to the division for 305
approval by May 1 of every odd-numbered year. By May 30 of every 306
odd-numbered year, the division shall determine whether the plan 307
is sufficient under standard criteria adopted by rule. A 308
supervisor whose plan is deemed insufficient must submit a 309
revised plan within 30 days after notification. The criteria for 310
determining sufficiency must include minimum requirements for 311
postdisaster assessments, including community consultation to 312
evaluate the extent of impact on voter access. 313
(3) Contingency plans developed under this section must be 314
implemented in conjunction with ss. 101.733 and 101.738 to 315
ensure coordination of emergency powers and the availability of 316
necessary election equipment. 317
Section 6. Section 101.736, Florida Statutes, is created 318
to read: 319
101.736 Election emergency training; best practices.— 320
(1) As used in this section, the term "tabletop exercise" 321
means a session in which participants are guided through 322
possible scenarios and discuss their roles and responsibilities 323
if such a scenario occurs, as well as how they would respond to 324
such a scenario. 325

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(2) The Secretary of State, in coordination with 326
supervisors, shall develop an election emergency training 327
program. The training program is required for newly elected or 328
appointed supervisors and any critical staff, as determined by a 329
supervisor. The Secretary of State shall update such training at 330
least once every 4 years. 331
(3) By June 1 of every odd-numbered year, the Secretary of 332
State shall convene a workgroup to create a list of best 333
practices for conducting an election during or after an 334
emergency. In developing the list, the workgroup must review the 335
official records of requests, approvals, and denials maintained 336
under s. 101.7325(2) to identify lessons learned and 337
opportunities for improvement. The workgroup must: 338
(a) Include at least 10 current supervisors of elections; 339
and 340
(b) Participate in tabletop exercises involving election 341
emergencies. 342
(4) Using the list created under subsection (3), the 343
Secretary of State shall: 344
(a) Incorporate practices applicable to all counties into 345
the statewide election emergency contingency plan under s. 346
101.735(1). 347
(b) Recommend practices applicable to specific counties to 348
the applicable supervisor for inclusion in the supervisor's 349
local election emergency contingency plan under s. 101.735(2). 350

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Section 7. Section 101.738, Florida Statutes, is created 351
to read: 352
101.738 Strategic elections equipment reserve.— 353
(1) The division shall maintain a secure strategic 354
election equipment reserve that may be deployed in the event of 355
an emergency or in the event of capacity issues due to 356
unexpected voter turnout. 357
(2) At a minimum, the reserve must include ballot marking 358
devices, scanners, tabulation equipment, ballot-on-demand 359
printers, paper required for voting machines and printers, 360
accessible voting equipment, electronic poll books, 361
uninterruptible power supplies, generators, cabling, and power 362
cords and may also include other related equipment necessary to 363
ensure continuity of elections, consistent with the voting 364
systems certified for use by each supervisor of elections. 365
(3) In lieu of maintaining a physical reserve of such 366
equipment, the division may contract with one or more certified 367
vendors of voting systems to provide such equipment on an as-368
needed basis. Any such contract must include all of the 369
following: 370
(a) A guaranteed delivery timeframe no later than 24 hours 371
after a request by a supervisor of elections, the division, or 372
the department. 373
(b) Requirements for secure transportation, installation, 374
and removal of equipment. 375

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(c) Maintenance of secure custody and detailed chain of 376
custody records for all equipment, consistent with s. 101.015 377
and related administrative rules, including documentation of 378
each transfer, installation, and removal and compliance with 379
applicable state cybersecurity and physical security standards. 380
(4) The division shall submit an annual report by February 381
1 to the Governor, the President of the Senate, and the Speaker 382
of the House of Representatives which includes all of the 383
following: 384
(a) The current inventory of equipment held in reserve or 385
available by vendor contract. 386
(b) A list of all deployments of equipment under this 387
section during the prior calendar year, including the reason for 388
deployment, response time, and associated costs. 389
(c) Recommendations for improvement to ensure readiness 390
for future elections. 391
Section 8. Section 101.74, Florida Statutes, is amended to 392
read: 393
101.74 Temporary change of polling place in case of 394
emergency.—In case of an emergency existing in any precinct at 395
the time of the holding of any election, the supervisor of 396
elections may establish, at any safe, accessible, and convenient 397
point outside such precinct, an additional polling place for the 398
electors of that precinct, in which place the qualified electors 399
may vote. The qualified electors of the affected precinct may 400

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vote at such location, and the registration books of the 401
affected precinct shall be applicable to, and shall be used at, 402
the polling place so established. The supervisor shall provide 403
notice of the temporary polling place change through signage at 404
the original site, the supervisor's website and related social 405
media accounts, and other reasonable means, such as signage at 406
nearby emergency shelters or temporary housing locations, to 407
inform affected voters. In exercising this authority, the 408
supervisors of elections may coordinate with emergency 409
management officials under s. 101.735 or apply relevant best 410
practices developed under s. 101.736, but such coordination is 411
not a prerequisite to action under this section. 412
Section 9. This act shall take effect July 1, 2026. 413