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Florida > The Florida Election Code > Conducting Elections And Ascertaining The Results

§ 102.1682 Judgment of ouster; revocation of commission; judgment setting aside referendum.

Overview of Statute

This statute governs what occurs when judgments of ouster and judgments setting aside referendums are entered. If a candidate is found to actually be entitled to the office he/she ran for after his/her opponent began holding the office, then a judgment of ouster is entered. Once the copy of the judgment is presented to the Governor, the Governor is responsible for revoking the commission of the current office holder and for giving the commission to the person found to be entitled to the office. If a referendum is set aside, the election is void.

Statute

(1) If the contestant is found to be entitled to the office, if on the findings a judgment to that effect is entered, and if the adverse party has been commissioned or has entered upon the duties thereof or is holding the office, then a judgment of ouster shall be entered against such party. Upon presentation of a certified copy of the judgment of ouster to the Governor, the Governor shall revoke such commission and commission the person found in the judgment to be entitled to the office.

(2) If a judgment is entered setting aside a referendum, the election shall be void.

History:

s. 9, Art. 10, ch. 38, 1845; RS 201; GS 285; RGS 381; CGL 446; s. 3, ch. 26870, 1951; s. 18, ch. 65-378; s. 29, ch. 77-175.

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).

Cases

florida Cases

Case Name: Burns v. Tondreau

Citation: 139 So.3d 481

Year: 2014

Case URL: https://www.ravellaw.com/opinions/bd9432cd0df6ba703dae2e1115b266d7

Case Summary: Burns v. Tondreau held that courts have no inherent power to determine election contests and do not have jurisdiction to look into a candidate's qualifications to run for office after the candidate has been elected; the time to challenge a candidate's qualifications is before an election, not after; but section 102.168 authorized post-election challenges involving the eligibility of successful candidates, so the trial court did have subject matter jurisdiction in the case.

Case Name: Broward County Canvassing Board v. Hogan

Citation: 607 So.2d 508

Year: 1992

Case URL: https://www.ravellaw.com/opinions/33d008a42225dde96345019b7915fb5c

Case Summary: Broward County Canvassing Board v. Hogan held that all that should have been considered in this recount case, which involved hanging chads, was whether the canvassing board failed to perform a mandatory statutory act or whether there were any electoral improprieties that had an influence on the ultimate choice of voters. The canvassing board was acting within its discretion when it denied the candidate's request for a manual recount.

Case Name: McPherson v. Flynn

Citation: 397 So.2d 665

Year: 1981

Case URL: https://www.ravellaw.com/opinions/006dba179c6743a28ab2f6653d392d09

Case Summary: McPherson v. Flynn held that the legislature is the sole judge of members' qualifications, including residency requirements, and judicial intervention is limited to challenges of the balloting process, specifically the marking and counting of ballots.

Out-of-State Cases

Federal Cases

Additional Resources

Further Reading

  • Fla. Jur. 2d Elections s 200, Judgment

  • “Procedural Fairness in Election Contests” 88 Ind. L.J. 1

  • “Election 2000: The Law of Tied Presidential Elections” 26 Nova L. Rev. 647