§ 102.168 Contest of election.
Overview of Statute
This statute governs the procedure by which elections can be contested. The certification of an election can be contested in circuit court by an unsuccessful candidate, a qualified voter, and any taxpayer. The contestant has 10 days after midnight on the date of the certification. There are four grounds for contesting an election, and the canvassing board, the Elections Canvassing Commission, and the successful candidate can all be indispensable parties, depending on which type of election is being contested.
Statute
(1) Except as provided in s. 102.171, the certification of election or nomination of any person to office, or of the result on any question submitted by referendum, may be contested in the circuit court by any unsuccessful candidate for such office or nomination thereto or by any elector qualified to vote in the election related to such candidacy, or by any taxpayer, respectively.
(3) The complaint shall set forth the grounds on which the contestant intends to establish his or her right to such office or set aside the result of the election on a submitted referendum. The grounds for contesting an election under this section are:
(a) Misconduct, fraud, or corruption on the part of any election official or any member of the canvassing board sufficient to change or place in doubt the result of the election.
(b) Ineligibility of the successful candidate for the nomination or office in dispute.
(c) Receipt of a number of illegal votes or rejection of a number of legal votes sufficient to change or place in doubt the result of the election.
(d) Proof that any elector, election official, or canvassing board member was given or offered a bribe or reward in money, property, or any other thing of value for the purpose of procuring the successful candidate’s nomination or election or determining the result on any question submitted by referendum.
History:
- Cross-References:
- Contests
- Recounts & Contests
The Florida House and Senate are the sole judges of the qualifications, elections and returns of their members. Accordingly, the provisions of this section do not apply to an election contest involving legislative office.
1. Definition for Issue
A proposition that is required by the State Constitution, by law or resolution of the Legislature, or by the charter, ordinance, or resolution of a political subdivision of this state to be submitted to the electors for their approval or rejection at an election, or a proposition for which a petition is circulated in order to have such proposition placed on the ballot at an election. Fla. Stat. § 106.011(13).
2. Definition for Ballot
As used in the Electronic Voting Systems Act, ballot means the card, tape, or other vehicle upon which the elector’s choices are recorded. Fla. Stat. § 101.5603(2).
3. Definition for 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).
4. Definition for Elector
“Elector” is synonymous with the word “voter” or “qualified elector or voter,” except where the word is used to describe presidential electors. Fla. Stat. § 97.021(15).
5. Definition for Election
Any primary election, special primary election, special election, general election, or presidential preference primary election. Fla. Stat. § 97.021(12).
6. Definition for Candidate
Any person to whom any one or more of the following applies:
Cases
Florida Cases
Case Name: Gore v. Harris
Citation: 773 So.2d 524
Year: 2000
Case URL: https://www.ravellaw.com/opinions/16990a46dcc2ad479b9eeb904e277a45
Case Summary: Gore v. Harris held that because adequate standards for a manual recount could not be developed by the deadline set by the United States Supreme Court, appellants Gore and Lieberman were given no relief.
Case Name: Greene v. Clemens
Citation: 98 So.3d 791
Year: 2012
Case URL: https://www.ravellaw.com/opinions/4f9920136a3e4d67edf0f46981314723
Case Summary: When a candidate and two electors filed a complaint to contest the results of a state senate primary election, the Circuit Court upheld the result of the election. On appeal, the appellate court held that the Circuit Court's authority on the matter extended only to the review of electors' signatures on voter certificates and elector signatures in registration records to determine whether the canvassing board abused its discretion.
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: Henderson v. Johnson
Citation: 97 So.3d 946
Year: 2012
Case URL: https://www.ravellaw.com/opinions/1bb1410e7d77c9a5fd245390d659a855
Case Summary: Henderson v. Johnson held that under 102.168, election contest complaints have to be filed within 10 days after midnight of the date the final board responsible for certifying the results officially certified them. Since the unsuccessful candidate in this case filed his complaint 10 days after the election, his complaint was timely.
Out-of-State Cases
Federal Cases
Case Name: Bush v. Gore
Citation: 531 U.S. 98
Federal District Court: Eastern District of Virginia
Year: 2000
Case URL: https://www.ravellaw.com/opinions/ffe23a532d148e534fb47425579e2894?query=531%20U[...]
Case Summary: Bush v. Gore held that Florida's recount procedures were inconsistent with the minimum procedures necessary to protect the fundamental right of each voter in the instance of a statewide recount under the authority of a single state judicial officer.
Regulations & Guidance
Additional Resources
Further Reading
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Fla. Jur. 2d Elections s 194, Generally
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Fla. Jur. 2d Elections s 197, Grounds for contesting election
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Fla. Jur. 2d Limitations and Laches s 108, Amendment as to plaintiff
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Federal Civil Rights Act s 2:67, Constitutional issues concerning the Voting Rights Act – The voting rights ramifications of Bush v. Gore
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Fla. Jur. 2d Elections s 89, Generally
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Fla. Jur. 2d Elections s 179, Generally; canvassing commission and boards
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Fla. Jur. 2d Elections s 195, Nature of election contest; jurisdiction and venue
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Fla. Jur. 2d Elections s 196, Parties
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Fla. Jur. 2d Elections s 196, Parties
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Fla. Jur. 2d Elections s 198, Complaint; answer
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Fla. Jur. 2d Elections s 199, Hearing and evidence
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Validity, Construction and Application of State Statutory Limitations Periods Governing Election Contests, 60 A.L.R.6th 481
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Construction and Application of Statutes and Ordinances Concerning Establishment of Residency, as Condition for Running for Municipal Office, 74 A.L.R.6th 209