115.024. Elections rescheduled or relocated due to disaster, definition--election panel established--petition to reschedule or relocate, contents--order--notice, contents--ballots--procedures--appeal.
Elections rescheduled or relocated due to disaster,definition--election panel established--petition to reschedule orrelocate, contents--order--notice,contents--ballots--procedures--appeal.
115.024. 1. As used in this section, "disaster" means any catastrophicor natural disaster, statewide or nationwide emergency, man-made disaster,civil disorder, insurgency, bioterrorism attack, terrorist attack, or enemyattack.
2. The supreme court shall by rule establish a panel in each district ofeach court of appeals of the state to consider petitions filed under thissection. Each panel shall consist of three court of appeals judges from suchdistrict, and shall be known as the "election panel" of the district in whichit is established.
3. In the event that any disaster prohibits any election from occurringon the day the election is required to be held under this chapter, theelection authority of the city or county in which the election was to be heldmay petition the election panel of the district in which the city or county islocated for the election panel to authorize a relocation of the polling placesaffected by such disaster, or to schedule a new date upon which the electionauthority may conduct the election. The petition shall include the following:
(1) A description of the event prohibiting the election from occurring;
(2) A statement of the reasons the election cannot be held on the dayrequired by law;
(3) The election authority's recommendation for relocation of thepolling places or the new date upon which the election shall be held;
(4) A statement of the plan for providing notice to voters of the newlocation or new date of the election;
(5) A statement that the election authority will be able to conduct theelection at the recommended location or on the recommended new date in thesame manner as the election would have been conducted had the disaster notoccurred.
4. If satisfied that the election authority will be unable to conductthe election as required by this chapter and that the recommended relocationof the polling places or new date of the election will allow voters to vote asprovided by law, the election panel shall issue an order to the electionauthority to relocate the polling places or to conduct the election on the newdate as set by the election panel.
5. The election authority shall provide notice to all voters in theelection authority's jurisdiction in the same manner as required for electionsby this chapter, provided that the requirements for the date and time ofproviding such notice in this chapter shall not apply. Notice of the electionshall include a copy of the order issued by the election panel.
6. The election authority may use the same ballots that were printed forthe election that was relocated or rescheduled under this section, unless suchballots were damaged, destroyed, lost, or spoiled by the disaster.
7. All procedures for voting, counting of votes, and contestingelections required under this section shall apply to any election relocated orrescheduled under this section, provided that any requirements for deadlinesunder this chapter that cannot be met because of the relocation orrescheduling of the election shall be rescheduled by the election panel.
8. The election authority may appeal any order issued by the electionpanel under this section to the supreme court, and the supreme court shallhear such appeal immediately.
(L. 2006 S.B. 1014 & 730)