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florida > The Florida Election Code > Registration Office, Officers, And Procedures

§ 98.0755 Appeal of determination of ineligibility.

Overview of Statute

This statute governs how a voter deemed ineligible by the supervisor can appeal the determination. The voter must bring his/her appeal in the circuit court in/for the county where he/she was registered. If the voter cannot show that his/her name was wrongfully removed from the registration system, he/she must pay for the trial out of pocket. If the voter wins the appeal, the supervisor must pay for the trial.

Statute

Appeal of the supervisor’s determination of ineligibility pursuant to s. 98.075(7) may be taken to the circuit court in and for the county where the person was registered. Notice of appeal must be filed within the time and in the manner provided by the Florida Rules of Appellate Procedure and acts as supersedeas. Trial in the circuit court is de novo and governed by the rules of that court. Unless the person can show that his or her name was erroneously or illegally removed from the statewide voter registration system, or that he or she is indigent, the person must bear the costs of the trial in the circuit court. Otherwise, the cost of the appeal must be paid by the supervisor of elections.

History:

s. 21, ch. 2005-278.

Definition [Person]

An individual or a corporation, association, firm, partnership, joint venture, joint stock company, club, organization, estate, trust, business trust, syndicate, or other combination of individuals having collective capacity. The term includes a political party, affiliated party committee, or political committee. Fla. Stat. § 106.011(14).

Definition [Election]

Any primary election, special primary election, special election, general election, or presidential preference primary election. Fla. Stat. § 97.021(12).

Additional Resources

Further Reading

  • Fla. Jur. 2d Elections s 51, Appeal and review

  • APP Florida Bar Continuing Legal Education Materials 17-1, STAYS