HB 1191 full text · Session Watch

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.

84 Be It Enacted by the Legislature of the State of Florida:

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.—

100 As 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

120 to 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

202 requested 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

209 practicable.

210 Section 4. Section 101.733, Florida Statutes, is amended

211 to read:

212 101.733 Emergency suspension or delay of an election

213 ~~emergency; purpose; elections emergency contingency plan.—~~

214 Because of the existing and continuing possibility of an

215 emergency or common disaster occurring before or during a

216 regularly scheduled or special election, and in order to ensure

217 maximum citizen participation in the electoral process and

218 provide a safe and orderly procedure for persons seeking to

219 exercise their right to vote, generally to minimize to whatever

220 degree possible a person's exposure to danger during declared

221 states of emergency, and to protect the integrity of the

222 electoral process, it is hereby found and declared to be

223 necessary to designate a procedure for the emergency suspension

224 or delay and rescheduling of elections.

225 (1) The Governor may, upon issuance of an executive order

226 declaring a state of emergency or impending emergency, suspend

227 or delay any election. The Governor may take such action

228 independently or at the request of the Secretary of State, a

229 supervisor of elections from a county affected by the emergency

230 circumstances, or a municipal clerk from a municipality affected

231 by the emergency circumstances.

232 (2) The Governor, upon consultation with the Secretary of

233 State, shall reschedule any election suspended or delayed due to

234 an emergency. The election shall be held within 10 days after

235 the date of the suspended or delayed election or as soon

236 thereafter as is practicable. Notice of the election must be

237 published on the affected county's website as provided in s.

238 50.0311, on the affected supervisor's website, on any official

239 social media account controlled by the supervisor or the

240 supervisor's office, on the affected county's official social

241 media accounts, and or at least once in a newspaper of general

242 circulation in the affected area and, where practicable,

243 broadcast as a public service announcement on radio and

244 television stations at least 1 week before the date the election

245 is to be held. Contingency planning and procedures for elections

246 suspended or delayed under this section must be implemented in

247 accordance with s. 101.735.

248 ~~(3) The Division of Elections of the Department of State~~

249 ~~shall adopt, by rule, an elections emergency contingency plan,~~

250 ~~which shall contain goals and policies that give specific~~

251 ~~direction to state and local elections officials when an~~

252 ~~election has been suspended or delayed due to an emergency. The~~

253 ~~contingency plan shall be statewide in scope and shall address,~~

254 ~~but not be limited to, the following concerns:~~

255 ~~(a) Providing a procedure for state and local elections~~

256 ~~officials to follow when an election has been suspended or~~

257 ~~delayed to ensure notice of the suspension or delay to the~~

258 ~~proper authorities, the electorate, the communications media,~~

259 ~~poll workers, and the custodians of polling places.~~

260 ~~(b) Providing a procedure for the orderly conduct of a~~

261 ~~rescheduled election, whether municipal, county, district, or~~

262 ~~statewide in scope; coordinating those efforts with the~~

263 ~~appropriate elections official, and the members of the governing~~

264 ~~body holding such election, if appropriate; and working with the~~

265 ~~appropriate emergency management officials in determining the~~

266 ~~safety of existing polling places or designating additional~~

267 ~~polling places.~~

268 ~~(c) Providing a procedure for the release and~~

269 ~~certification of election returns to the department for~~

270 ~~elections suspended or delayed and subsequently rescheduled~~

271 ~~under the provisions of ss. 101.731-101.74.~~

272 Section 5. Section 101.735, Florida Statutes, is created

273 to read:

274 101.735 Election emergency contingency plans.—

275 (1) The division shall adopt by rule a statewide election

276 emergency contingency plan to provide specific direction in the

277 event that an emergency occurs preceding or during an election.

278 At a minimum, the contingency plan must include procedures to

279 accomplish all of the following:

280 (a) Ensure that necessary parties are notified of any

281 changes impacting an election that has been suspended, delayed,

282 rescheduled, or otherwise affected by an emergency. As used in

283 this paragraph, the term "necessary parties" includes proper

284 authorities, the electorate, the media, poll workers, and

285 polling place custodians.

286 (b) Ensure that an election that has been suspended,

287 delayed, rescheduled, or otherwise affected by an emergency is

288 conducted in a safe and orderly manner and include a plan to

289 coordinate the actions of the division, supervisors, county

290 canvassing boards and, if appropriate, members of the governing

291 body holding such election.

292 (c) Assess the safety and accessibility of existing

293 polling places and, when necessary, designate additional polling

294 places in coordination with emergency management officials.

295 (d) Release and certify returns to the division for

296 elections suspended, delayed, rescheduled, or otherwise affected

297 by an emergency.

298 (e) Coordinate efforts between supervisors in affected and

299 unaffected counties to ensure voting opportunities for affected

300 voters, including ensuring the delivery of vote-by-mail ballots

301 to law enforcement officers, military personnel, first

302 responders, and utility line workers.

303 (2) Each supervisor, in consultation with local emergency

304 management officials, shall develop a local election emergency

305 contingency plan. The plan must be submitted to the division for

306 approval by May 1 of every odd-numbered year. By May 30 of every

307 odd-numbered year, the division shall determine whether the plan

308 is sufficient under standard criteria adopted by rule. A

309 supervisor whose plan is deemed insufficient must submit a

310 revised plan within 30 days after notification. The criteria for

311 determining sufficiency must include minimum requirements for

312 postdisaster assessments, including community consultation to

313 evaluate the extent of impact on voter access.

314 (3) Contingency plans developed under this section must be

315 implemented in conjunction with ss. 101.733 and 101.738 to

316 ensure coordination of emergency powers and the availability of

317 necessary election equipment.

318 Section 6. Section 101.736, Florida Statutes, is created

319 to read:

320 101.736 Election emergency training; best practices.—

321 (1) As used in this section, the term "tabletop exercise"

322 means a session in which participants are guided through

323 possible scenarios and discuss their roles and responsibilities

324 if such a scenario occurs, as well as how they would respond to

325 such a scenario.

326 (2) The Secretary of State, in coordination with

327 supervisors, shall develop an election emergency training

328 program. The training program is required for newly elected or

329 appointed supervisors and any critical staff, as determined by a

330 supervisor. The Secretary of State shall update such training at

331 least once every 4 years.

332 (3) By June 1 of every odd-numbered year, the Secretary of

333 State shall convene a workgroup to create a list of best

334 practices for conducting an election during or after an

335 emergency. In developing the list, the workgroup must review the

336 official records of requests, approvals, and denials maintained

337 under s. 101.7325(2) to identify lessons learned and

338 opportunities for improvement. The workgroup must:

339 (a) Include at least 10 current supervisors of elections;

340 and

341 (b) Participate in tabletop exercises involving election

342 emergencies.

343 (4) Using the list created under subsection (3), the

344 Secretary of State shall:

345 (a) Incorporate practices applicable to all counties into

346 the statewide election emergency contingency plan under s.

347 101.735(1).

348 (b) Recommend practices applicable to specific counties to

349 the applicable supervisor for inclusion in the supervisor's

350 local election emergency contingency plan under s. 101.735(2).

351 Section 7. Section 101.738, Florida Statutes, is created

352 to read:

353 101.738 Strategic elections equipment reserve.—

354 (1) The division shall maintain a secure strategic

355 election equipment reserve that may be deployed in the event of

356 an emergency or in the event of capacity issues due to

357 unexpected voter turnout.

358 (2) At a minimum, the reserve must include ballot marking

359 devices, scanners, tabulation equipment, ballot-on-demand

360 printers, paper required for voting machines and printers,

361 accessible voting equipment, electronic poll books,

362 uninterruptible power supplies, generators, cabling, and power

363 cords and may also include other related equipment necessary to

364 ensure continuity of elections, consistent with the voting

365 systems certified for use by each supervisor of elections.

366 (3) In lieu of maintaining a physical reserve of such

367 equipment, the division may contract with one or more certified

368 vendors of voting systems to provide such equipment on an as-

369 needed basis. Any such contract must include all of the

370 following:

371 (a) A guaranteed delivery timeframe no later than 24 hours

372 after a request by a supervisor of elections, the division, or

373 the department.

374 (b) Requirements for secure transportation, installation,

375 and removal of equipment.

376 (c) Maintenance of secure custody and detailed chain of

377 custody records for all equipment, consistent with s. 101.015

378 and related administrative rules, including documentation of

379 each transfer, installation, and removal and compliance with

380 applicable state cybersecurity and physical security standards.

381 (4) The division shall submit an annual report by February

382 1 to the Governor, the President of the Senate, and the Speaker

383 of the House of Representatives which includes all of the

384 following:

385 (a) The current inventory of equipment held in reserve or

386 available by vendor contract.

387 (b) A list of all deployments of equipment under this

388 section during the prior calendar year, including the reason for

389 deployment, response time, and associated costs.

390 (c) Recommendations for improvement to ensure readiness

391 for future elections.

392 Section 8. Section 101.74, Florida Statutes, is amended to

393 read:

394 101.74 Temporary change of polling place in case of

395 emergency.—In case of an emergency existing in any precinct at

396 the time of the holding of any election, the supervisor of

397 elections may establish, at any safe, accessible, and convenient

398 point outside such precinct, an additional polling place for the

399 electors of that precinct, ~~in which place the qualified electors~~

400 ~~may vote.~~ The qualified electors of the affected precinct may

401 vote at such location, and the registration books of the

402 affected precinct shall be applicable to, and shall be used at,

403 the polling place so established. The supervisor shall provide

404 notice of the temporary polling place change through signage at

405 the original site, the supervisor's website and related social

406 media accounts, and other reasonable means, such as signage at

407 nearby emergency shelters or temporary housing locations, to

408 inform affected voters. In exercising this authority, the

409 supervisors of elections may coordinate with emergency

410 management officials under s. 101.735 or apply relevant best

411 practices developed under s. 101.736, but such coordination is

412 not a prerequisite to action under this section.

413 Section 9. This act shall take effect July 1, 2026.