State of Emergency: Ensuring Accessible Elections Post-Disaster

by Voting Rights Lab

October 15, 2024

Effective election administration requires careful planning, but emergencies require thoughtful adjustments to ensure voters can cast their ballots and officials have the resources to count them. We’re seeing this right now in the aftermath of Hurricanes Helene and Milton, where thousands of dedicated local and state election workers work to ensure that voters in affected disaster areas can still fully participate in the upcoming election. 

Thankfully, states have established laws and procedures – as well as emergency powers they can invoke – to address potential disruptions to the election process, whether caused by natural disasters or unforeseen events, like the COVID-19 pandemic. These measures ensure that every American can safely and securely exercise one of their most sacred freedoms: the freedom to vote.

Adjustments to Polling Locations 

Typically, election officials must identify polling locations well in advance of Election Day. However, as we’ve seen in recent weeks, natural disasters can render many polling places unsafe or inaccessible. In these cases, many states allow local officials to relocate polling locations or consolidate precincts. 

  • States like Ohio and Florida provide election officials with broad discretion to move polling places during emergencies. 
  • Georgia allows changes to polling places – but only if the emergency occurs within 10 days of Election Day.

Modifications to Voting Procedures 

Emergencies can impede travel or force polling facilities to close, prompting many states to implement measures to prevent voter disenfranchisement. For example, North Carolina and Texas temporarily waive voter ID requirements for those who lost their IDs due to a disaster. 

  • In North Carolina, voters can submit a provisional ballot after submitting an affidavit if a natural disaster occurs within 100 days of Election Day. 
  • Texas allows similar accommodations for voters who lose their ID within 45 days of an election due to a natural disaster. 

Additionally, many states expand mail voting opportunities during emergencies: 

  • Alabama enables the secretary of state to authorize absentee voting for all eligible voters affected by an emergency. 
  • Indiana allows county election boards to permit absentee voting if a disaster impacts their area during the last 11 days prior to Election Day.

Adjustments to Election Deadlines

In extreme situations, officials may need to postpone elections or extend voting deadlines to give voters more time to cast their ballots and election workers enough time to tally and verify the votes. 

  • In Kentucky, the governor can change the time or place of an election during a state of emergency, provided the new election occurs within 35 days of the originally scheduled election date.
  • Oregon may extend ballot return deadlines, upon a written request from the secretary of state and after consulting with county clerks. Any such extension may not exceed seven days.
  • New York allows for an additional voting day if turnout is below 25% due to a disaster. The additional day must be within 20 days of the original election date.

Other Changes to Election Administration

When emergencies disrupt voter registration or mail ballot application deadlines, it can have a negative impact on voter turnout, especially in areas with fewer remote options. To prepare for these unforeseen circumstances, many states have laws and procedures to ensure the election is administered fairly and securely and help mitigate disruptions before, on, and after Election Day. 

  • In the aftermath of Hurricane Helene, the North Carolina State Board of Elections is providing special emergency kits to counties without internet service to facilitate voter registration and absentee ballot processing. 
  • Louisiana mandates that registration offices remain open until the next business day if they close early due to an emergency.
  • Virginia empowers the Commissioner of Elections to create an alternative system for absentee ballot distribution if emergencies impede in-person voting options. 
  • California provides a process for the governor to designate alternate meeting locations for the state’s presidential electors if the state capitol is deemed unsafe or inaccessible. 

Emergency Actions

Not all election-related emergency actions are explicitly outlined in state law. State leaders can also invoke certain emergency powers to address specific needs in real time, enabling election officials to respond quickly and efficiently in the midst of elections. 

  • Shortly after Hurricane Helene made landfall, Florida Gov. Ron DeSantis issued an executive order allowing election officials to change early voting sites and consolidate vote centers.
  • In North Carolina, the state board of elections and the state legislature approved emergency measures that permit voters displaced by the storm to cast ballots in different locations on Election Day. They also authorized local officials to modify voting hours and change polling locations as necessary.