Elections During Emergencies

Florida Senate
-
2026

SB 1416

By
Senator Polsky

30-00765A-26 20261416__
1 A bill to be entitled
2 An act relating to elections during emergencies;
3 creating s. 101.7311, F.S.; requiring that elections,
4 in the event of an emergency, be conducted in
5 accordance with specified provisions and carried out
6 in a certain manner; amending s. 101.732, F.S.;
7 revising the definition of the term “emergency”;
8 creating s. 101.7325, F.S.; authorizing supervisors of
9 elections to request approval from the Secretary of
10 State to take specified actions under specified
11 conditions; specifying requirements for such request;
12 requiring that supervisors submit all such requests at
13 once, to the extent practicable; authorizing the
14 submission of revised or additional requests under
15 specified circumstances; requiring the secretary to
16 approve or deny requests within a specified timeframe;
17 requiring the secretary to consider specified factors;
18 providing that requests are deemed approved under
19 specified conditions; requiring the secretary to
20 publish approvals and denials on the Department of
21 State’s website; requiring the department to maintain
22 an official record of all requests, approvals, and
23 denials for public inspection; requiring that such
24 records be compiled in a certain format; requiring
25 that such records be used for specified purposes;
26 authorizing supervisors to take specified actions
27 under specified circumstances; specifying requirements
28 for such actions; amending s. 101.733, F.S.; requiring
29 that notice of a rescheduled election be posted on any
30 social media account controlled by the supervisor or
31 the supervisor’s office, on the affected county’s
32 social media accounts, and a certain newspaper;
33 requiring that contingency planning and procedures for
34 elections be implemented in accordance with specified
35 provisions; deleting provisions requiring the Division
36 of Elections to adopt rules for an elections emergency
37 contingency plan; creating s. 101.735, F.S.; requiring
38 the division to adopt by rule a statewide election
39 emergency contingency plan; requiring the plan to
40 include specified procedures; requiring supervisors,
41 in consultation with local emergency management
42 officials, to develop a local election emergency
43 contingency plan and submit such plan to the division
44 for approval by a specified date; requiring the
45 division to determine the sufficiency of such plan by
46 a specified date; requiring a supervisor to submit a
47 revised plan within a specified timeframe, under a
48 specified condition; providing criteria for
49 determining sufficiency; requiring that such plans be
50 implemented in conjunction with specified provisions
51 to ensure coordination of emergency powers and
52 availability of equipment; creating s. 101.736, F.S.;
53 defining the term “tabletop exercise”; requiring the
54 secretary, in coordination with the supervisors, to
55 develop an election emergency training program;
56 providing that the training program is required for
57 newly elected or appointed supervisors and critical
58 staff, as determined by the supervisor; requiring the
59 secretary to update such training periodically;
60 requiring the secretary to convene a workgroup by a
61 specified date to create a certain list; specifying
62 requirements for the workgroup; requiring the
63 secretary to use the list for specified actions;
64 creating s. 101.738, F.S.; requiring the division to
65 maintain a secure strategic election equipment reserve
66 for specified purposes; specifying requirements for
67 such reserve; authorizing the division, in lieu of a
68 reserve, to contract with certified vendors to provide
69 such equipment; specifying requirements for such
70 contract; requiring the division to submit an annual
71 report to the Governor and the Legislature by a
72 specified date; specifying requirements for the
73 report; amending s. 101.74, F.S.; revising the
74 criteria that a supervisor of elections uses to
75 establish an additional polling place under specified
76 circumstances; authorizing qualified electors of the
77 affected precinct to vote in the new location;
78 requiring the supervisor to provide notice of the
79 temporary polling place through specified means;
80 authorizing supervisors to coordinate with emergency
81 management officials; providing construction;
82 providing an effective date.
83
84 Be It Enacted by the Legislature of the State of Florida:
85
86 Section 1. Section 101.7311, Florida Statutes, is created
87 to read:
88
101.7311
Application of Elections Emergency Act
.—
In the

89
event of an emergency, elections must be conducted in accordance

90
with the Elections Emergency Act which governs the suspension,

91
delay, rescheduling, contingency planning, and deployment of

92
election equipment necessary to ensure a safe and orderly

93
election. These provisions must be carried out in a manner that

94
upholds the integrity of elections administration, fosters trust

95
in elections, and secures the maximum possible participation of

96
eligible voters.

97 Section 2. Subsection (3) of section 101.732, Florida
98 Statutes, is amended to read:
99 101.732 Definitions relating to Elections Emergency Act.—As
100 used in ss. 101.731-101.74:
101 (3) “Emergency” means any occurrence, or threat thereof,
102 whether accidental, natural, or caused by human beings, in war
103 or in peace, that results or may result in substantial injury or
104 harm to the population or substantial damage to or loss of
105 property to the extent it will prohibit an election officer’s
106 ability to conduct a safe and orderly election
or impair the

107
ability of voters to safely and accessibly cast their ballot in

108
accordance with state and federal requirements ensuring equal

109
opportunity for all eligible voters
.
110 Section 3. Section 101.7325, Florida Statutes, is created
111 to read:
112
101.7325
Election emergency
.—

113
(1)

If the Governor declares a state of emergency pursuant

114
to s. 252.36 less than 60 days before an election, the

115
supervisor of a county included in the state of emergency

116
declaration may request approval from the Secretary of State to

117
take any of the following actions necessary while the emergency

118
declaration continues to include the county as an affected area:

119
(a)

Notwithstanding s. 101.657(1)(d), allow early voting to

120
occur the day before an election.

121
(b)

Notwithstanding ss. 101.657 and 101.71, allow election

122
day voting at early voting sites. The request must set forth

123
sufficient facts to establish that a sufficient number of

124
designated early voting sites, or sites that may be designated

125
under subsection (3) are unavailable due to the emergency. For

126
purposes of this paragraph, reasons that a polling place may be

127
unavailable include, but are not limited to, the polling place

128
no longer being safe for occupancy, the polling place being

129
located in an area that is currently dangerous or difficult to

130
travel to and from, or the polling place lacking adequate

131
utilities. An early voting site designated as a polling place

132
under this paragraph must, to the maximum extent practicable, be

133
geographically located so as to provide all voters in the area

134
with an equal opportunity to cast a ballot.

135
(c)

Notwithstanding the designation deadline in s.

136
101.69(2)(b), designate additional secure ballot intake

137
stations. The request must identify the locations of the

138
additional secure ballot intake stations.

139
(d)

Notwithstanding s. 102.012(2), appoint inspectors and

140
clerks who are registered qualified electors of this state but

141
who are not registered qualified electors of the applicable

142
county.

143
(2)

Each supervisor who submits a request pursuant to

144
subsection (1) shall, to the extent practicable, submit all such

145
requests at once. A supervisor may submit revised or additional

146
requests if the emergency situation in his or her affected

147
county changes. The Secretary of State shall approve or deny the

148
requests in writing within 36 hours after receipt. In deciding

149
whether to approve the requests, the Secretary of State shall

150
consider the severity of the natural emergency, the damage to

151
the impacted area, the extent of voter displacement, whether

152
voters in an affected area have an equal opportunity to cast a

153
ballot, and any factor that could impede voter access or

154
transport to polling places, early voting sites, or supervisor

155
offices. If the Secretary of State fails to approve or deny a

156
request within the 36-hour period, the request is deemed

157
approved. The Secretary of State shall publish each approval and

158
denial on the department’s website as soon as practicable. The

159
department shall maintain an official record of all requests

160
submitted under subsection (1), together with all approvals and

161
denials, for public inspection pursuant to chapter 119 and shall

162
compile such records in a format that facilitates review and

163
analysis to strengthen future contingency planning and the

164
development of best practices in election administration. Such

165
records must also be used to inform the election emergency

166
training program and best practices workgroup required under s.

167
101.736.

168
(3)

If the Governor declares a state of emergency pursuant

169
to s. 252.36 less than 60 days before an election, the

170
supervisor of a county included in the state of emergency

171
declaration may take any of the following actions necessary

172
while the emergency declaration continues to include the county

173
as an affected area, upon provision of notice to the Secretary

174
of State:

175
(a)

Notwithstanding the designation deadline in s.

176
101.657(1)(b), change the location of designated early voting

177
sites. The notice must identify the new address of each early

178
voting site and the hours during which early voting will occur

179
at each site.

180
(b)

Notwithstanding the early voting site locations

181
specifically authorized in s. 101.657(1), designate early voting

182
sites at other locations in areas of the county where eligible

183
early voting locations are unavailable. The notice must set

184
forth sufficient facts to establish that a sufficient number of

185
early voting sites that were designated or that may be

186
designated under paragraph (a) are unavailable due to the

187
emergency. For purposes of this paragraph, reasons that an early

188
voting site may be unavailable include, but are not limited to,

189
the site no longer being safe for occupancy, the site being

190
located in an area that is currently dangerous or difficult to

191
travel to and from, or the site lacking adequate utilities. An

192
early voting site designated under this paragraph must, to the

193
maximum extent practicable, be geographically located so as to

194
provide all voters in the area with an equal opportunity to cast

195
a ballot.

196
(c)

If the supervisor determines that a poll worker

197
shortage exists, appoint poll workers who have not met the

198
training requirements in s. 102.014. However, such poll workers

199
must have received the required training within the previous 2

200
years.

201
(d)

Send a vote-by-mail ballot to a voter who has requested

202
such ballot:

203
1.

By forwardable mail or to an address other than the

204
address listed for the voter in the statewide voter registration

205
system.

206
2.

Notwithstanding s. 101.62(1)(a) and (b), without the

207
voter’s written request or if a written request is not signed.

208
3.

Notwithstanding s. 101.62(3)(c), as soon as practicable.

209 Section 4. Section 101.733, Florida Statutes, is amended to
210 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 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
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 certification

268
of election returns to the department for elections suspended or

269
delayed and subsequently rescheduled under the provisions of ss.

270
101.731-101.74
.

271 Section 5. Section 101.735, Florida Statutes, is created to
272 read:
273
101.735
Election emergency contingency plans
.—

274
(1)

The division shall adopt by rule a statewide election

275
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 polling

292
places and, when necessary, designate additional polling places

293
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
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 to
318 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
(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 Section 7. Section 101.738, Florida Statutes, is created to
351 read:
352
101.738
Strategic elections equipment reserve
.—

353
(1)

The division shall maintain a secure strategic election

354
equipment reserve that may be deployed in the event of an

355
emergency or in the event of capacity issues due to unexpected

356
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
(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 for

390
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
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.