National Association of Secretaries of State Issue Briefing: Election Emergencies & COVID-19

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https://www.nass.org/resources/issue-briefing-election-emergencies-covid-19

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Election Administration in Emergency Situations Overall

Elections in the United States are carried out at the state and local level as part of a decentralized process. As a result, emergency situations impacting election administration are primarily dealt with by the relevant states and local jurisdictions affected.

Two significant questions arise on the topic:

Do states have laws authorizing officials to change the timing or procedures for an election in an emergency situation?

a. If an emergency occurs during an election and there is no state law addressing the particular situation, it could potentially be addressed by state legislative action, a court order, or the Governor’s executive authority following an emergency declaration. For example, in 2012 after Hurricane Sandy impacted over a dozen East Coast states prior to the November election, Governors in several states issued executive orders implementing alternative voting procedures for impacted voters and extending absentee voting deadlines.

While many states do have laws on this topic, these laws vary with regard to the events covered and the scope of authority.[1] 12 states have a law specifically authorizing the Governor or Chief Election Official (or a combination of the two) to suspend, delay, or postpone an election following a declaration by the Governor of a state of emergency. Additionally, a number of states have laws providing state or local election officials with limited authority to implement certain measures in emergency situations, often involving the relocation of polling places or special absentee voting procedures.

Are there election contingency plans already in place?

a. Yes, many states and local jurisdictions have contingency plans or guidelines for dealing with emergency situations impacting an election. However, given the countless number of potential emergency scenarios that could impact an election, state and local officials are faced with unique challenges when it comes to developing policies and procedures. The appropriate response will depend not only on the type of emergency, but a variety of other factors, including the scope and timing of the emergency, the jurisdictions affected, and the type of election.

Contingency plans vary among jurisdictions, but often address a number of important considerations, including: dealing with poll worker shortages; communicating with relevant state and local officials; notifying the public of changes impacting the voting process; and establishing alternate polling locations.[2]
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Briefing is lengthy and includes links to updates in individual states

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