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florida > The Florida Election Code > Voting Methods And Procedure

§ 101.698 Absentee voting in emergency situations.

Overview of Statute

This statute states that if there is a national or local emergency that makes current methods of voting for overseas voters impossible, the Elections Canvassing Commission can adopt special procedures necessary to ensure that eligible absentee voters can still vote.

Statute

If a national or local emergency or other situation arises which makes substantial compliance with the provisions of state or federal law relating to the methods of voting for overseas voters impossible or unreasonable, such as an armed conflict involving United States Armed Forces or mobilization of those forces, including state National Guard and reserve components, the Elections Canvassing Commission may adopt by emergency rules such special procedures or requirements necessary to facilitate absentee voting by those persons directly affected who are otherwise eligible to vote in the election.

History:

s. 51, ch. 2001-40.

Definition [Overseas Voter]

(a) An absent uniformed services voter who, by reason of active duty or service, is absent from the United States on the date of the election involved;

(b) A person who resides outside the United States and is qualified to vote in the last place in which the person was domiciled before leaving the United States; or

(c) A person who resides outside the United States and, but for such residence, would be qualified to vote in the last place in which the person was domiciled before leaving the United States.

Definition [Person]

An individual or a corporation, association, firm, partnership, joint venture, joint stock company, club, organization, estate, trust, business trust, syndicate, or other combination of individuals having collective capacity. The term includes a political party, affiliated party committee, or political committee.

Definition [Election]

Any primary election, special primary election, special election, general election, or presidential preference primary election.

Definition [Emergency]

Any occurrence, or threat thereof, whether accidental, natural, or caused by human beings, in war or in peace, that results or may result in substantial injury or harm to the population or substantial damage to or loss of property to the extent it will prohibit an election officer’s ability to conduct a safe and orderly election.

Additional Resources

Further Reading

  • Fla. Jur. 2d Elections s 166, Uniformed and overseas voters

  • “The State of Democracy After Disaster: How to Maintain the Right to Vote for Displaced Citizens” 17 S. Cal. Interdisc. L.J. 203 http://www-bcf.usc.edu/~idjlaw/PDF/17-1/17-1%20Roy.pdf

  • “The Florida Election Canvassing System” 26 Nova L. Rev. 851