§ 101.733 Election emergency; purpose; elections emergency contingency plan.
Overview of Statute
This statute governs what happens when there is an emergency before or during a regular or special election. To ensure that everyone has the chance to vote, the Governor can suspend or delay an election. If this happens, the election should be rescheduled either 10 days after the original date, or as soon as possible.
The Division of Elections must adopt an elections emergency contingency plan, which is meant to provide directions to state and local election officials when an election has been suspended or delayed.
Statute
Because of the existing and continuing possibility of an emergency or common disaster occurring before or during a regularly scheduled or special election, and in order to ensure maximum citizen participation in the electoral process and provide a safe and orderly procedure for persons seeking to exercise their right to vote, generally to minimize to whatever degree possible a person’s exposure to danger during declared states of emergency, and to protect the integrity of the electoral process, it is hereby found and declared to be necessary to designate a procedure for the emergency suspension or delay and rescheduling of elections.
(3) The Division of Elections of the Department of State shall adopt, by rule, an elections emergency contingency plan, which shall contain goals and policies that give specific direction to state and local elections officials when an election has been suspended or delayed due to an emergency. The contingency plan shall be statewide in scope and shall address, but not be limited to, the following concerns:
History:
s. 3, ch. 92-16.
- Cross-References:
- Election Day
1. Definition for Department
The Department of State. Fla. Stat. § 97.021(7).
2. Definition for Supervisor
The supervisor of elections. Fla. Stat. § 97.021(36).
3. Definition for Polling Place
The building which contains the polling room where ballots are cast. Fla. Stat. § 97.021(27).
4. Definition for Governing Body
As used in ss. 101.292-101.295, “governing body” means the board of county commissioners of a county or any other governing body empowered by general or special act or local ordinance to purchase or sell voting equipment. Fla. Stat. § 101.292(1).
5. Definition for Special Election
A special election called for the purpose of voting on a party nominee to fill a vacancy in the national, state, county, or district office. Fla. Stat. § 97.021(34).
6. Definition for Communications Media
Broadcasting stations, newspapers, magazines, outdoor advertising facilities, printers, direct mail, advertising agencies, the Internet, and telephone companies; but with respect to telephones, an expenditure is deemed to be an expenditure for the use of communications media only if made for the costs of telephones, paid telephonists, or automatic telephone equipment to be used by a candidate or a political committee to communicate with potential voters but excluding the costs of telephones incurred by a volunteer for use of telephones by such volunteer; however, with respect to the Internet, an expenditure is deemed an expenditure for use of communications media only if made for the cost of creating or disseminating a message on a computer information system accessible by more than one person but excluding internal communications of a campaign or of any group. Fla. Stat. § 106.011(4).
7. Definition for Newspaper of General Circulation
A newspaper printed in the language most commonly spoken in the area within which it circulates and which is readily available for purchase by all inhabitants in the area of circulation, but does not include a newspaper intended primarily for members of a particular professional or occupational group, a newspaper the primary function of which is to carry legal notices, or a newspaper that is given away primarily to distribute advertising. Fla. Stat. § 97.021(20).
8. Definition for 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. Fla. Stat. § 106.011(14).
9. Definition for Elector
“Elector” is synonymous with the word “voter” or “qualified elector or voter,” except where the word is used to describe presidential electors. Fla. Stat. § 97.021(15).
10. Definition for Division
The Division of Elections of the Department of State. Fla. Stat. § 97.021(8).
11. Definition for Election
Any primary election, special primary election, special election, general election, or presidential preference primary election. Fla. Stat. § 97.021(12).
12. Definition for 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. Fla. Stat. § 101.732(3).
Regulations & Guidance
Additional Resources
Further Reading
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Fla. Jur. 2d Elections s 120, Time of holding election-Elections Emergency Act
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“Election Day Challenges to Polling Hours and the Judiciary’s Cautious Response” 27 Buff. Pub. Int. L.J. 1
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“The State of Democracy After Disaster: How to Maintain the Right to Vote for Displaced Citizens” 17 S. Cal. Interdisc. L.J. 203
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“Voting and Democracy VI. Voting in Times of Crisis” 119 Harv. L. Rev. 1176
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“Right Without a Remedy? The ‘Butterfly Ballot’ Case and Court-Ordered Federal Election ‘Revotes’” 10 Geo. Mason L. Rev. 215