Posted: October 29, 2008
Florida election supervisors considering lawsuit over governor's order to extend early voting hours
Elections supervisors are considering filing for an injunction over the governor's order to extend early voting hours citing overworked employees as one reason they will have trouble complying. See the Orlando Sentinel's coverage here. Florida is one of the states that has an election-specific emergency provision granting the governor certain powers in election emergencies. FSA 101.733. While the governor did speak in terms of emergency in his order, the statute appears at first glance to apply to emergency conditions such as hurricanes and natural disasters. However, the language may be interpreted to cover an "accidental" situation caused by "human beings". It is unclear from news accounts under what authority the governor was acting and whether this statute is relevant to the analysis. Election Law @ Moritz covered this and many other election law questions for 17 states in its Key Questions for Key States (KQKS) research project. See the Florida analysis here. Click here for the KQKS home page.