Bill setting firm timelines for Special Elections clears first Senate committee hurdle

Legislation to impose firm deadlines on when the Governor must call Special Elections — a move that would prevent long stretches of unfilled seats and ensure consistent representation for voters — just cleared its first Senate hurdle.

The Senate Ethics and Elections Committee voted 8-0 for the measure (SB 460) by Boca Raton Democratic Sen. Tina Scott Polsky, who said it’s necessary to address an “inconsistency” in Florida’s electoral process.

While the Governor is required to order Special Elections when vacancies occur in the U.S. House and Florida Legislature, current law does not set deadlines for when those elections must be scheduled.

“Without a set timeline for calling Special Elections, dramatic inconsistencies for scheduling Special Elections can occur, resulting in unequal representation for Floridians,” Polsky said.

“My bill addresses this problem.”

Polsky pointed to current vacancies in Senate District 14 and House District 87, formerly represented by Republicans Jay Collins and Mike Caruso, respectively, who vacated their seats in August for jobs as Lieutenant Governor and Palm Beach County Clerk, respectively. Elections to fill those vacancies won’t happen until March, after the conclusion of Session.

There’s also no representation in House District 113, which Republican Vicki Lopez left in November for a seat on the Miami-Dade Commission. Gov. Ron DeSantis still hasn’t called a Special Election to replace her.

Polsky reminded her colleagues on the panel that when Democratic U.S. Rep. Alcee Hastings died in 2021, state lawmakers serving his district — which overlaps with some of hers — vacated their seats to run to succeed him. As a result, Polsky said, she had to take up appropriations for those unrepresented districts.

“Delayed elections deny representation,” she said. “When seats sit vacant, constituents have no elected voice during active lawmaking, sometimes for months, weakening both their influence and their confidence in democracy.”

Under SB 460, the Governor would be required to set dates for a Special Primary and Special General Election within 14 days of a vacancy, after consulting with the Secretary of State and local Supervisors of Elections.

The elections would have to be scheduled for the earliest feasible dates and, when possible, aligned with already scheduled election dates.

The bill also establishes firm outer limits. Special Elections would generally need to be held within 126 days of a vacancy, though Supervisors of Elections could certify a conflict or “undue hardship,” extending the deadline to 175 days.

For legislative vacancies occurring less than 126 days before the start of Session, the Governor would have just five days to set election dates and would be required to ensure both elections occur before lawmakers convene.

Further, SB 460 shortens and clarifies minimum and maximum time frames between Special Primaries and Special General Elections, eliminates the ability of the Governor and legislative leaders to jointly waive election timelines, and allows voters to petition a circuit court to impose election dates if the Governor fails to act.

Representatives of Common Cause, All Voting is Local and the League of Women Voters of Florida signaled support for the bill Wednesday.

Pensacola Republican Sen. Don Gaetz, who chairs the committee, said he appreciated the intent of SB 460, but he questioned whether the measure allows enough flexibility for unforeseen circumstances such as hurricanes or the death of a candidate.

“Florida is a place where things happen,” he said. “There are special circumstances that occur from time to time.”

Fleming Island Republican Sen. Jennifer Bradley said SB 460 would build on Florida’s record of serving as a model for the proper administration of elections, but agreed with Gaetz that the bill “probably needs some more clarification” to ensure flexibility when needed.

Polsky noted that her bill already provides mechanisms for Supervisors of Elections and the Secretary of State to allow such flexibility where needed. Even so, she said she is willing to rework the bill’s language to make those provisions clearer.

She added that she’s carrying another bill this year (SB 1416) concerning elections during emergencies, which hasn’t yet been heard.

“Maybe we can hear that, or we can combine the bills in some way,” she said.

SB 460 will next go to the Senate Judiciary Committee, its second of three committee stops in the chamber. An identical House bill (HB 597) by Davie Democratic Rep. Mike Gottlieb awaits a hearing before the first of three committees to which it was referred last month.