Florida Regulations 1S-9.005: Comprehensive Emergency Suspension of Election Plan
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(1) Notice of suspended or delayed election. As soon as possible after a regularly scheduled election or a special election has been suspended or delayed pursuant to Florida Statutes § 101.733, the supervisor of elections from an affected county or the municipal clerk from an affected municipality must provide public notice of the suspended or delayed election. Such notification must be:
(a) Published through public service announcements in the print and electronic media, if available;
(b) Posted on the respective supervisor of elections and/or municipal clerk’s website (if functioning); and,
(c) Displayed in at least five different conspicuous places in the affected county or municipality.
(2) Conduct of rescheduled election.
(a) As soon as possible after a suspended or delayed election has been rescheduled, the supervisor of elections from an affected county or the municipal clerk from an affected municipality holding the rescheduled election shall coordinate with the members of the governing body for the orderly conduct of such election, where applicable.
(b) If the suspended or delayed election involves a countywide, multicounty, or statewide election, each supervisor of elections from the affected area shall provide as soon thereafter as possible the following information to the Division of Elections to faciliate coordination and assistance as needed:
1. Contact information for Continuity of Operations Plan (COOP) using Form DS-DE 149, entitled “”COOP Contact Information Form,”” (Eff. 12/17) (http://www.flrules.org/Gateway/reference.asp?No=Ref-09056) which is hereby incorporated by reference. This form is available by request from the Division at Room 316, R.A. Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399-0250, by contacting the Division at (850)245-6200, or by download from the Division’s webpage at: http://dos.myflorida.com/elections/forms-publications/forms/.
2. Any changes to early voting sites, days and hours as reported pursuant to Florida Statutes § 101.657 Any change must be made in accordance with Florida Statutes § 101.657, unless otherwise authorized by executive order.
3. Any changes to the number of precincts and/or polling places pursuant to Florida Statutes § 101.71
4. Status report regarding availability, loss, and destruction of polling places and early voting sites pursuant to subsection (3), voting equipment, precinct registers, ballots and other election materials.
5. Availability, need and plan for securing poll workers.
6. Whether the county has established or will establish temporary vote-by-mail sites pursuant to subsection (5), and if so, how many.
7. A copy of the designation of the Supervisor of Elections’ Office Emergency Interim Successors designated pursuant to Florida Statutes § 22.06
(3) Polling places and early voting services. The supervisor of elections from an affected county or the municipal clerk from an affected municipality shall:
(a) Identify the number of previously established polling places and early voting sites that:
1. Are functional;
2. Can be repaired or restored to functionality, safety, and accessibility pursuant to Florida Statutes § 101.715; and,
3. Have been destroyed or cannot otherwise be repaired or restored to functionality, safety, or accessibility.
(b) Determine the safety and ability to use existing polling places and early voting sites and the need and availability of alternate polling places and early voting sites.
1. Such determination and efforts to establish new temporary polling places and early voting sites shall be made in coordination with federal, state, and local emergency management agencies as needed.
2. Only the Supervisor of elections is authorized to establish new temporary polling places or early voting sites.
3. Tents or other temporary structures may be utilized as new temporary polling places.
4. Sufficient lighting must exist along the accessible path of travel to and from, and within the polling place and early voting area.
(c) Coordinate with federal, state, and local emergency management agencies as needed, to include the county and city law enforcement and the National Guard in an effort to:
1. Provide security for polling places and early voting sites, voting equipment, precinct registers and election materials at existing, destroyed, and newly established temporary polling places;
2. Secure salvageable voting equipment, precint registers (electronic or paper) and other election materials from destroyed or damaged polling places; and,
3. Mitigate loss or damage of polling places and early voting sites, voting equipment, electronic media, and election materials.
(d) Supervisors of elections and municipal clerks shall adhere to their established security procedures to the extent practicable given the emergency circumstances.
(4) Poll workers. The supervisor of elections from an affected county or the municipal clerk from an affected municipality shall:
(a) Appoint poll workers as needed.
(b) Provide the appropriate credentials that will clearly identify poll workers who will assist in the rescheduled election process.
(c) May recruit and train qualified registered electors in the State of Florida to serve as poll workers if shortages exist within the respective jurisdiction.
(5) Vote-by-mail ballots. The supervisor of elections from an affected county or the municipal clerk from an affected municipality:
(a) May establish temporary vote-by-mail ballot sites in the affected areas or at any place in the county or city, and, if established, must publicize those sites through public service announcements in the manner specified in subsection (1).
1. Such sites must be secure, supervised and under the direct control of the supervisor of elections or the municipal clerk.
2. All vote-by-mail ballots shall be distributed at and collected from such sites at least daily under the supervision and direct control of the supervisor of elections or the municipal clerk. On election day, the returned ballots shall be collected from the sites sufficiently in advance to be received by 7:00 p.m. by such supervisor of elections or municipal clerk.
(b) Any registered voter who is a resident of the affected area, or any elector of the state who is in the affected area providing emergency assistance including emergency responders, may request and obtain a vote-by-mail ballot on election day without having to execute an Election Day Vote-by-Mail Ballot Delivery Affidavit. If an elector from outside the county jurisdiction is providing emergency assistance on election day, the elector’s supervisor of elections may fax or email a vote-by-mail ballot to the elector, but the elector may only return the voted ballot by fax. The supervisor of elections or the municipal clerk in the county where the voter is registered must still receive the ballot by 7:00 p.m. on the regularly scheduled or delayed election day, whichever is applicable.
(6) Voting and tabulation equipment. Supervisors of elections from affected counties or municipal clerks from affected municipalities:
(a) Shall follow established procedures for securing voting equipment, ancillary equipment and election materials where power outages and evacuations exist and ensure back-up power.
(b) May borrow or lease certified voting and tabulation equipment or voting systems which have been certified pursuant to Florida Statutes § 101.015(1), and rule chapter 1S-5, F.A.C., for use in the rescheduled election. Where a central or regional counting center cannot be established within the area affected by the emergency, ballots may be tabulated in other counties.
(c) Shall conduct a logic and accuracy test pursuant to Florida Statutes § 101.5612(1):
1. On any certified tabulation equipment that will be used in the rescheduled election if said equipment was not tested during the logic and accuracy test conducted for the originally-scheduled election.
2. On all certified tabulation equipment to be used in the rescheduled election, if parameters used within the voting system to define the tabulation and reporting instructions are changed in any way, notwithstanding that the equipment was tested during the logic and accuracy test conducted for the originally-scheduled election.
(d) Shall comply with the requirements of section 101.5607(1)(b), F.S., which are otherwise applicable to elections conducted utilizing the voting systems being used.
(e) Shall coordinate with election equipment vendors as needed to ensure properly functioning and sufficient voting and tabulation equipment and support are available for the rescheduled election.
(7) Other public notices for the delayed or suspended election.
(a) Any notices of election relating to offices or issues which will appear on the ballot that have been published prior to the suspension or delay of an election need not be republished, even if those notices are date specific,
(b) Canvassing board meetings; logic and accuracy tests conducted pursuant to Florida Statutes § 101.5612(1), which have been previously noticed but are affected by the suspension or delay of an election must be renoticed through public service announcements in the manner specified in subsection (1).
(8) Ballots. The supervisor of elections from an affected county or the municipal clerk from an affected municipality:
(a) Must ensure the security of all ballots in accordance with established procedures for storing, transporting, tabulating, and handling ballots.
(b) May utilize law enforcement officers, the National Guard, and poll workers to transport or secure ballots.
(c) May, in coordination with law enforcement officers or the National Guard, deliver ballots to other counties for tabulation when a central or regional counting center cannot be established within the area affected by the emergency. However, any ballot transportation or tabulation must be done under the supervision and control of the affected supervisor of elections or municipal clerk who shall at all times have the responsibility to ensure the safety and safekeeping of the ballots and election results.
(9) Election returns.
(a) Where a multicounty or statewide election is suspended or delayed pursuant to Florida Statutes § 101.733, all supervisors of elections must withhold returns for affected races until the supervisors of elections in those counties where an election has been suspended or delayed have conducted rescheduled elections and are able to certify returns to the Division. The Division will notify the supervisors of elections when returns are to be delayed and when returns shall be certified to the Division.
(b) Where a county or municipal election, or any part of a county or municipal election, is suspended, no results from an affected race may be released by the supervisor of elections or municipal clerk until after the polls have closed in those jurisdictions with delayed elections.
Rulemaking Authority Florida Statutes § 101.733(3). Law Implemented 101.733(3) FS. History-New 3-13-94, Amended 2-21-18.
Terms Used In Florida Regulations 1S-9.005
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
(b) Posted on the respective supervisor of elections and/or municipal clerk’s website (if functioning); and,
(c) Displayed in at least five different conspicuous places in the affected county or municipality.
(2) Conduct of rescheduled election.
(a) As soon as possible after a suspended or delayed election has been rescheduled, the supervisor of elections from an affected county or the municipal clerk from an affected municipality holding the rescheduled election shall coordinate with the members of the governing body for the orderly conduct of such election, where applicable.
(b) If the suspended or delayed election involves a countywide, multicounty, or statewide election, each supervisor of elections from the affected area shall provide as soon thereafter as possible the following information to the Division of Elections to faciliate coordination and assistance as needed:
1. Contact information for Continuity of Operations Plan (COOP) using Form DS-DE 149, entitled “”COOP Contact Information Form,”” (Eff. 12/17) (http://www.flrules.org/Gateway/reference.asp?No=Ref-09056) which is hereby incorporated by reference. This form is available by request from the Division at Room 316, R.A. Gray Building, 500 South Bronough Street, Tallahassee, Florida 32399-0250, by contacting the Division at (850)245-6200, or by download from the Division’s webpage at: http://dos.myflorida.com/elections/forms-publications/forms/.
2. Any changes to early voting sites, days and hours as reported pursuant to Florida Statutes § 101.657 Any change must be made in accordance with Florida Statutes § 101.657, unless otherwise authorized by executive order.
3. Any changes to the number of precincts and/or polling places pursuant to Florida Statutes § 101.71
4. Status report regarding availability, loss, and destruction of polling places and early voting sites pursuant to subsection (3), voting equipment, precinct registers, ballots and other election materials.
5. Availability, need and plan for securing poll workers.
6. Whether the county has established or will establish temporary vote-by-mail sites pursuant to subsection (5), and if so, how many.
7. A copy of the designation of the Supervisor of Elections’ Office Emergency Interim Successors designated pursuant to Florida Statutes § 22.06
(3) Polling places and early voting services. The supervisor of elections from an affected county or the municipal clerk from an affected municipality shall:
(a) Identify the number of previously established polling places and early voting sites that:
1. Are functional;
2. Can be repaired or restored to functionality, safety, and accessibility pursuant to Florida Statutes § 101.715; and,
3. Have been destroyed or cannot otherwise be repaired or restored to functionality, safety, or accessibility.
(b) Determine the safety and ability to use existing polling places and early voting sites and the need and availability of alternate polling places and early voting sites.
1. Such determination and efforts to establish new temporary polling places and early voting sites shall be made in coordination with federal, state, and local emergency management agencies as needed.
2. Only the Supervisor of elections is authorized to establish new temporary polling places or early voting sites.
3. Tents or other temporary structures may be utilized as new temporary polling places.
4. Sufficient lighting must exist along the accessible path of travel to and from, and within the polling place and early voting area.
(c) Coordinate with federal, state, and local emergency management agencies as needed, to include the county and city law enforcement and the National Guard in an effort to:
1. Provide security for polling places and early voting sites, voting equipment, precinct registers and election materials at existing, destroyed, and newly established temporary polling places;
2. Secure salvageable voting equipment, precint registers (electronic or paper) and other election materials from destroyed or damaged polling places; and,
3. Mitigate loss or damage of polling places and early voting sites, voting equipment, electronic media, and election materials.
(d) Supervisors of elections and municipal clerks shall adhere to their established security procedures to the extent practicable given the emergency circumstances.
(4) Poll workers. The supervisor of elections from an affected county or the municipal clerk from an affected municipality shall:
(a) Appoint poll workers as needed.
(b) Provide the appropriate credentials that will clearly identify poll workers who will assist in the rescheduled election process.
(c) May recruit and train qualified registered electors in the State of Florida to serve as poll workers if shortages exist within the respective jurisdiction.
(5) Vote-by-mail ballots. The supervisor of elections from an affected county or the municipal clerk from an affected municipality:
(a) May establish temporary vote-by-mail ballot sites in the affected areas or at any place in the county or city, and, if established, must publicize those sites through public service announcements in the manner specified in subsection (1).
1. Such sites must be secure, supervised and under the direct control of the supervisor of elections or the municipal clerk.
2. All vote-by-mail ballots shall be distributed at and collected from such sites at least daily under the supervision and direct control of the supervisor of elections or the municipal clerk. On election day, the returned ballots shall be collected from the sites sufficiently in advance to be received by 7:00 p.m. by such supervisor of elections or municipal clerk.
(b) Any registered voter who is a resident of the affected area, or any elector of the state who is in the affected area providing emergency assistance including emergency responders, may request and obtain a vote-by-mail ballot on election day without having to execute an Election Day Vote-by-Mail Ballot Delivery Affidavit. If an elector from outside the county jurisdiction is providing emergency assistance on election day, the elector’s supervisor of elections may fax or email a vote-by-mail ballot to the elector, but the elector may only return the voted ballot by fax. The supervisor of elections or the municipal clerk in the county where the voter is registered must still receive the ballot by 7:00 p.m. on the regularly scheduled or delayed election day, whichever is applicable.
(6) Voting and tabulation equipment. Supervisors of elections from affected counties or municipal clerks from affected municipalities:
(a) Shall follow established procedures for securing voting equipment, ancillary equipment and election materials where power outages and evacuations exist and ensure back-up power.
(b) May borrow or lease certified voting and tabulation equipment or voting systems which have been certified pursuant to Florida Statutes § 101.015(1), and rule chapter 1S-5, F.A.C., for use in the rescheduled election. Where a central or regional counting center cannot be established within the area affected by the emergency, ballots may be tabulated in other counties.
(c) Shall conduct a logic and accuracy test pursuant to Florida Statutes § 101.5612(1):
1. On any certified tabulation equipment that will be used in the rescheduled election if said equipment was not tested during the logic and accuracy test conducted for the originally-scheduled election.
2. On all certified tabulation equipment to be used in the rescheduled election, if parameters used within the voting system to define the tabulation and reporting instructions are changed in any way, notwithstanding that the equipment was tested during the logic and accuracy test conducted for the originally-scheduled election.
(d) Shall comply with the requirements of section 101.5607(1)(b), F.S., which are otherwise applicable to elections conducted utilizing the voting systems being used.
(e) Shall coordinate with election equipment vendors as needed to ensure properly functioning and sufficient voting and tabulation equipment and support are available for the rescheduled election.
(7) Other public notices for the delayed or suspended election.
(a) Any notices of election relating to offices or issues which will appear on the ballot that have been published prior to the suspension or delay of an election need not be republished, even if those notices are date specific,
(b) Canvassing board meetings; logic and accuracy tests conducted pursuant to Florida Statutes § 101.5612(1), which have been previously noticed but are affected by the suspension or delay of an election must be renoticed through public service announcements in the manner specified in subsection (1).
(8) Ballots. The supervisor of elections from an affected county or the municipal clerk from an affected municipality:
(a) Must ensure the security of all ballots in accordance with established procedures for storing, transporting, tabulating, and handling ballots.
(b) May utilize law enforcement officers, the National Guard, and poll workers to transport or secure ballots.
(c) May, in coordination with law enforcement officers or the National Guard, deliver ballots to other counties for tabulation when a central or regional counting center cannot be established within the area affected by the emergency. However, any ballot transportation or tabulation must be done under the supervision and control of the affected supervisor of elections or municipal clerk who shall at all times have the responsibility to ensure the safety and safekeeping of the ballots and election results.
(9) Election returns.
(a) Where a multicounty or statewide election is suspended or delayed pursuant to Florida Statutes § 101.733, all supervisors of elections must withhold returns for affected races until the supervisors of elections in those counties where an election has been suspended or delayed have conducted rescheduled elections and are able to certify returns to the Division. The Division will notify the supervisors of elections when returns are to be delayed and when returns shall be certified to the Division.
(b) Where a county or municipal election, or any part of a county or municipal election, is suspended, no results from an affected race may be released by the supervisor of elections or municipal clerk until after the polls have closed in those jurisdictions with delayed elections.
Rulemaking Authority Florida Statutes § 101.733(3). Law Implemented 101.733(3) FS. History-New 3-13-94, Amended 2-21-18.