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

§ 102.1685 Venue.

Overview of Statute

This statute governs appropriate venue for contesting a nomination or election. Appropriate venue is the county in which the candidate qualified or in the county where the question was submitted for referendum. If the election or referendum covered multiple counties, then proper venue is Leon County.

Statute

The venue for contesting a nomination or election or the results of a referendum shall be in the county in which the contestant qualified or in the county in which the question was submitted for referendum or, if the election or referendum covered more than one county, then in Leon County.

History:

s. 3, ch. 26870, 1951; s. 17, ch. 65-378; s. 30, ch. 77-175.

Definition [Election]

Any primary election, special primary election, special election, general election, or presidential preference primary election.

Additional Resources

Further Reading

  • Fla. Jur. 2d Elections s 195, Nature of election contest; jurisdiction and venue

  • Florida Pleading and Practice Forms s 1:14, Checklist-Determining proper venue under special venue statutes

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

  • “The Case of the Disappearing Votes: Lessons from the Jennings v. Buchanan Congressional Election Contest” 17 Wm. & Mary Bill Rts. J. 397

  • “The Lawyers’ Role in Selecting the President: A Complete Legal History of the 2000 Election” 8 Tex. Wesleyan L. Rev. 105

  • “Disappearing Democracy: How Bush v. Gore Undermined the Federal Right to Vote for Presidential Electors” 29 Fla. St. U. L. Rev. 535

  • “Election Disputes and the Constitutional Right to Vote” 13 U. Fla. J.L. & Pub. Pol’y 37