Election Law Exceptions: Natural Disasters

Alabama

• § 17-11-3(e): In a state of emergency, citizens can vote by absentee ballot.
• § 17-11-50: Secretary of state can adopt special procedures for UOCAVA voters during an emergency.
• § 31-9-13: Governor can suspend statutes or regulations and issue orders.

As of mid-October, the state of Alabama has yet to issue a response from Hurricane Helene as it pertains to elections.

Florida

• § 101.74: In the case of an emergency, the supervisor of elections may establish a new polling place outside of the precinct.
• § 102.014: The polling place procedure manual shall contain emergency procedures.
• § 102.112: The deadline for the submission of returns may be moved back by the Election Canvasing Commission in an emergency.
• § 101.698: The Election Canvassing Commission may adopt rules that allow overseas citizens an opportunity to vote in an emergency.
• § 101.733: Governor can suspend/delay election. Governor, upon consult with SOS, can reschedule election.
• Division of Elections has created Election Emergency Contingency Plans with directions for state and local election officials.

Florida is notoriously hit with hurricanes on a regular basis due to its location. October 7th was the registration deadline for eligible Florida voters
and there was no extension granted by Governor DeSantis. Additionally, there was no widespread change to the state’s early vote period. Governor DeSantis did issue Executive Order 24-212 that allows 13 counties hit by Hurricane Helene to make election changes. The order allows the affected counties to suspend certain rules related to early voting sites, secure ballot intake stations, mail ballots, the relocation of polling sites, and poll worker training requirements. Following Hurricane Milton, the governor’s office has stated that the “Division of Elections has been reaching out to Supervisors to assess their needs post storm,” and will continue to assess needs as they arise, though 11 counties made updated requests to the Secretary of State Cord Byrd’s office following the recent disaster.

Common Cause Florida also released a helpful guide for how to vote following a hurricane.

Georgia

• § 21-2-265: If an emergency occurs within 10 days of an election, the superintendent of the county may move the polls to another location inside or outside the precinct.
• § 21-2-418: Provisional ballots may be used to cast votes if an emergency renders machines unusable.
• § 21-2-50.1: In event of emergency declaration (by Gov or fed agency), SOS can postpone election dates in the affected areas; postponement cannot exceed 45 days.

Though Georgia saw widespread devastation throughout the state due to flooding and power outages, Georgia Secretary of State Brad Raffensburger says that no elections offices were ruined by Hurricane Helene and that elections are not expected to be impacted by the natural disaster.

Kentucky

• § 39A.100(1)(k): Governor, upon SOS recommendation, can issue executive order to hold elections at different time/ place for areas declared a state of emergency. Election must be held within 35 days from date of suspended/delayed election. EO cannot be changed except by action of GA. State Board will set procedures for election officials (subject to approval by SOS and GOV by EOs)
• § 117.187(2)(q): County boards must train all election officers on the emergency contingency plans

As of early October, the state of Kentucky has yet to issue a response from Hurricane Helene as it pertains to elections.

North Carolina

• § 163-27.1: The State Board may exercise emergency powers to conduct an election in a district where the normal schedule for the election is disrupted by a natural disaster.
• § 163-258.31: The State Board of Elections may prescribe, by emergency rule, such special procedures or requirements as may be necessary to facilitate absentee voting by UOCAVA voters directly affected who are eligible to vote in state. SOS can apply special rules to allow UOCAVA voters to vote when typical federal and local laws wouldn’t work in a state of emergency.
• § 163-166.16(d)(3): If voter is victim of natural disaster within 100 days of election, voter can complete affidavit to affirm their identity and cast provisional ballot.

North Carolina has a website regarding recovery efforts, which includes elections office closures, how many voters are impacted by impacted FEMA disaster areas, and more. Additionally, North Carolina officially updated voting rules for the 25 counties impacted by Hurricane Helene, including hand delivering mail ballots during early voting periods, extending the time to request a mail ballot, and more. For the latest updates on North Carolina voting, please visit that website here.

South Carolina

• § 7-7-910(b): The local election authority can change the location of polling places if they are inaccessible due to an emergency.

South Carolina’s voter registration deadline was extended to October 14 by a court order. The 8-day extension applies to voters in all counties statewide.

Tennessee

• § 2-3-101: County election commissions can move polling places in an emergency.
• § 2-6-302: County election commissions can move the location of absentee counting boards in an emergency.
• § 2-5-209: County election commissions must maintain paper ballots for emergency use.

As of early October, the state of Tennessee has yet to issue a response from Hurricane Helene as it pertains to elections.