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.