Florida Statutes
Fla. Stat. § 102.166 (2025)
Manual recounts of overvotes and undervotes.
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102.166 Manual recounts of overvotes and undervotes.—
(1) If the second set of unofficial returns pursuant to s. 102.141 indicates that a candidate for any office was defeated or eliminated by one-quarter of a percent or less of the votes cast for such office, that a candidate for retention to a judicial office was retained or not retained by one-quarter of a percent or less of the votes cast on the question of retention, or that a measure appearing on the ballot was approved or rejected by one-quarter of a percent or less of the votes cast on such measure, a manual recount of the overvotes and undervotes cast in the entire geographic jurisdiction of such office or ballot measure shall be ordered unless:
(a) The candidate or candidates defeated or eliminated from contention by one-quarter of 1 percent or fewer of the votes cast for such office request in writing that a recount not be made; or
(b) The number of overvotes and undervotes is fewer than the number of votes needed to change the outcome of the election.
The Secretary of State is responsible for ordering a manual recount for federal, state, and multicounty races. The county canvassing board or local board responsible for certifying the election is responsible for ordering a manual recount for all other races. A manual recount consists of a recount of marksense ballots or of digital images of those ballots by a person.
(2) Any hardware or software used to identify and sort overvotes and undervotes for a given race or ballot measure must be certified by the Department of State. Any such hardware or software must be capable of simultaneously identifying and sorting overvotes and undervotes in multiple races while simultaneously counting votes. Overvotes and undervotes must be identified and sorted while recounting ballots pursuant to s. 102.141. Overvotes and undervotes may be identified and sorted physically or digitally.
(3) Any manual recount shall be open to the public.
(4)(a) A vote for a candidate or ballot measure shall be counted if there is a clear indication on the ballot that the voter has made a definite choice.
(b) The Department of State shall adopt specific rules for the federal write-in absentee ballot and for each certified voting system prescribing what constitutes a “clear indication on the ballot that the voter has made a definite choice.” The rules shall be consistent, to the extent practicable, and may not:
1. Authorize the use of any electronic or electromechanical reading device to review a hybrid voting system ballot that is produced using a voter interface device and that contains both machine-readable fields and machine-printed text of the contest titles and voter selections, unless the printed text is illegible;
2. Exclusively provide that the voter must properly mark or designate his or her choice on the ballot; or
3. Contain a catch-all provision that fails to identify specific standards, such as “any other mark or indication clearly indicating that the voter has made a definite choice.”
(c) The rule for the federal write-in absentee ballot must address, at a minimum, the following issues:
1. The appropriate lines or spaces for designating a candidate choice and, for state and local races, the office or ballot measure to be voted, including the proximity of each to the other and the effect of intervening blank lines.
2. The sufficiency of designating a candidate’s first or last name when no other candidate in the race has the same or a similar name.
3. The sufficiency of designating a candidate’s first or last name when an opposing candidate has the same or a similar name, notwithstanding generational suffixes and titles such as “Jr.,” “Sr.,” or “III.” The rule should contemplate the sufficiency of additional first names and first initials, middle names and middle initials, generational suffixes and titles, nicknames, and, in general elections, the name or abbreviation of a political party.
4. Candidate designations containing both a qualified candidate’s name and a political party, including those in which the party designated is the candidate’s party, is not the candidate’s party, has an opposing candidate in the race, or does not have an opposing candidate in the race.
5. Situations where the abbreviation or name of a candidate is the same as the abbreviation or name of a political party to which the candidate does not belong, including those in which the party designated has another candidate in the race or does not have a candidate in the race.
6. The use of marks, symbols, or language, such as arrows, quotation marks, or the word “same” or “ditto,” to indicate that the same political party designation applies to all listed offices or the elector’s approval or disapproval of all listed ballot measures.
7. Situations in which an elector designates the name of a qualified candidate for an incorrect office.
8. Situations in which an elector designates an otherwise correct office name that includes an incorrect district number.
(5) Procedures for a manual recount are as follows:
(a) The county canvassing board shall appoint as many counting teams of at least two electors as is necessary to manually recount the ballots. A counting team must have, when possible, members of at least two political parties. A candidate involved in the race shall not be a member of the counting team.
(b) Each duplicate ballot prepared pursuant to s. 101.5614(4) or s. 102.141(7) shall be compared with the original ballot to ensure the correctness of the duplicate.
(c) If a counting team is unable to determine whether the ballot contains a clear indication that the voter has made a definite choice, the ballot shall be presented to the county canvassing board for a determination.
(d) The Department of State shall adopt detailed rules prescribing additional recount procedures for each certified voting system which shall be uniform to the extent practicable. The rules shall address, at a minimum, the following areas:
1. Security of ballots during the recount process;
2. Time and place of recounts;
3. Public observance of recounts;
4. Objections to ballot determinations;
5. Record of recount proceedings;
6. Procedures relating to candidate and petitioner representatives; and
7. Procedures relating to the certification and the use of automatic tabulating equipment that is not part of a voting system.
(6) Nothing in this section precludes a county canvassing board or local board involved in the recount from comparing a digital image of a ballot to the corresponding physical paper ballot during a manual recount.
History.—s. 9, ch. 18405, 1937; CGL 1940; Supp. 337(23-b); s. 7, ch. 22858, 1945; s. 5, ch. 26870, 1951; s. 30, ch. 28156, 1953; s. 24, ch. 57-1; s. 29, ch. 65-380; s. 27, ch. 77-175; s. 48, ch. 79-400; s. 15, ch. 89-348; s. 601, ch. 95-147; s. 1, ch. 99-339; s. 42, ch. 2001-40; s. 21, ch. 2002-17; s. 59, ch. 2005-277; s. 34, ch. 2007-30; s. 15, ch. 2010-167; s. 3, ch. 2011-162; s. 2, ch. 2015-40; s. 11, ch. 2018-112; s. 37, ch. 2019-162; s. 5, ch. 2020-109.
Note.—Former s. 100.25; s. 101.57.
Notes of Decisions
Cited in 33
cases (1 in the last 5 years), 1968–2022 · leading case: Ned L. Siegel, Georgette Sosa Douglas v. Theresa Lepore, Charles E. Burton, 234 F.3d 1163 (11th Cir. 2000).
Ned L. Siegel, Georgette Sosa Douglas v. Theresa Lepore, Charles E. Burton, 234 F.3d 1163 (11th Cir. 2000). “See Fla. Stat. § 102.166 (4)(a). Such a request must be filed with the canvassing board within 72 hours after midnight of the date the election was held, or before the canvassing board has certified the challenged results, whichever is later.”
Palm Beach Cnty. Canvassing Bd. v. Harris, 772 So. 2d 1273 (Fla. 2000). “" Fla. Stat. § 102.166 (5). In this pursuit, the provision strives to strengthen rather than dilute the right to vote by securing, as nearly as humanly possible, an accurate and true reflection of the will of the electorate.”
Gore v. Harris, 772 So. 2d 1243 (Fla. 2000). “See § 102.166, Fla. Stat. This naturally follows from the fact that, even with the adoption of the 1999 amendments to section 102.”
Palm Beach Cnty. Canvassing Bd. v. Harris, 772 So. 2d 1220 (Fla. 2000). “' Fla. Stat. § 102.166 (5). In this pursuit, the provision strives to strengthen rather than dilute the right to vote by securing, as nearly as humanly possible, an accurate and true reflection of the will of the electorate.”
Bush v. Gore, 531 U.S. 98 (2000). “Fla. Stat. Ann. § 102.166 (Supp. 2001). A dispute arose concerning the deadline for local county canvassing boards to submit their returns to the Secretary of State (Secretary).”
Siegel v. LePore, 120 F. Supp. 2d 1041 (S.D. Fla. 2000). “” Fla. Stat. § 102.166 (3)(c). After the vote counts are certified, the results are forwarded to the Department of State for any election involving a federal or state officer.”
Wexler v. Lepore, 878 So. 2d 1276 (Fla. 5th DCA 2004). “See § 102.166, Fla. Stat. (2003). In that instance, the board responsible for certifying the results of the vote shall order a manual recount of the overvotes and undervotes cast in the entire geographic jurisdiction of such office or ballot measure.”
Wexler v. Lepore, 342 F. Supp. 2d 1097 (S.D. Fla. 2004). “Fla. Stat. § 102.166 . 2 In such an instance, “a manual recount of the overvotes and undervotes cast in the entire geographic jurisdiction of such office or ballot measure” shall be conducted.”
Florida Democratic Party v. Hood, 884 So. 2d 1148 (Fla. 1st DCA 2004). “at 1272; see also Fla. Stat. § 102.166 (5)(a). When the Legislature makes a change in the statute, it is presumed to mean something by that change.”
Touchston v. McDermott, 120 F. Supp. 2d 1055 (M.D. Fla. 2000). “In addition, Plaintiffs argue that section 102.166 enables a candidate in a statewide election to use the manual recount mechanism to selectively cause the ballots in some counties to be recounted while ignoring similarly situated valid ballots in other counties.”
Gore v. Harris, 773 So. 2d 524 (Fla. 2000). “[4] The concern for the general welfare of our democracy is implicit in the United States Constitution, which provides in part: We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common…”
Broward Cty. Canvassing Bd. v. Hogan, 607 So. 2d 508 (Fla. 4th DCA 1992). “168 grants the right of contest, it does not change the discretionary aspect of the review procedures outlined in section 102.166. The statute clearly leaves the decision whether or not to hold a manual recount of the votes as a matter to be decided within the discretion of the…”
— 102.166(1) — 7 cases
Gore v. Harris, 772 So. 2d 1243 (Fla. 2000). “See § 102.166, Fla. Stat. This naturally follows from the fact that, even with the adoption of the 1999 amendments to section 102.”
Wexler v. Lepore, 878 So. 2d 1276 (Fla. 5th DCA 2004). “See § 102.166, Fla. Stat. (2003). In that instance, the board responsible for certifying the results of the vote shall order a manual recount of the overvotes and undervotes cast in the entire geographic jurisdiction of such office or ballot measure.”
Palm Beach Cnty. Canvassing Bd. v. Harris, 772 So. 2d 1273 (Fla. 2000). “" Fla. Stat. § 102.166 (5). In this pursuit, the provision strives to strengthen rather than dilute the right to vote by securing, as nearly as humanly possible, an accurate and true reflection of the will of the electorate.”
Broward Cty. Canvassing Bd. v. Hogan, 607 So. 2d 508 (Fla. 4th DCA 1992). “168 grants the right of contest, it does not change the discretionary aspect of the review procedures outlined in section 102.166. The statute clearly leaves the decision whether or not to hold a manual recount of the votes as a matter to be decided within the discretion of the…”
Palm Beach Cnty. Canvassing Bd. v. Harris, 772 So. 2d 1220 (Fla. 2000). “' Fla. Stat. § 102.166 (5). In this pursuit, the provision strives to strengthen rather than dilute the right to vote by securing, as nearly as humanly possible, an accurate and true reflection of the will of the electorate.”
— 102.166(11) — 2 cases
Beckstrom v. Volusia Cnty. Canvassing, 707 So. 2d 720 (Fla. 1998).
In Re Protest Election Returns & Absentee Ballots 4, 1997 Election for City of Miami, 707 So. 2d 1170 (Fla. 3d DCA 1998).
— 102.166(2) — 4 cases
Palm Beach Cnty. Canvassing Bd. v. Harris, 772 So. 2d 1273 (Fla. 2000). “" Fla. Stat. § 102.166 (5). In this pursuit, the provision strives to strengthen rather than dilute the right to vote by securing, as nearly as humanly possible, an accurate and true reflection of the will of the electorate.”
In re Finno, 546 So. 2d 805 (Fla. 4th DCA 1989).
Craig Simmons v. Pub. Health Trust of Miami-dade Cnty. (Fla. 3d DCA 2022).
In re Protest of Election Returns under Section 102.166(2) FS, 447 So. 2d 1046 (Fla. 4th DCA 1984).
— 102.166(2)(a) — 2 cases
In re Finno, 546 So. 2d 805 (Fla. 4th DCA 1989).
Craig Simmons v. Pub. Health Trust of Miami-dade Cnty. (Fla. 3d DCA 2022).
— 102.166(2)(b) — 1 case
In re Finno, 546 So. 2d 805 (Fla. 4th DCA 1989).
— 102.166(3) — 1 case
Brake v. Gissendanner, 206 So. 2d 10 (Fla. 3d DCA 1968).
— 102.166(4) — 6 cases
Palm Beach Cnty. Canvassing Bd. v. Harris, 772 So. 2d 1273 (Fla. 2000). “" Fla. Stat. § 102.166 (5). In this pursuit, the provision strives to strengthen rather than dilute the right to vote by securing, as nearly as humanly possible, an accurate and true reflection of the will of the electorate.”
Touchston v. McDermott, 120 F. Supp. 2d 1055 (M.D. Fla. 2000). “In addition, Plaintiffs argue that section 102.166 enables a candidate in a statewide election to use the manual recount mechanism to selectively cause the ballots in some counties to be recounted while ignoring similarly situated valid ballots in other counties.”
Gore v. Harris, 772 So. 2d 1243 (Fla. 2000). “See § 102.166, Fla. Stat. This naturally follows from the fact that, even with the adoption of the 1999 amendments to section 102.”
Siegel v. LePore, 120 F. Supp. 2d 1041 (S.D. Fla. 2000). “” Fla. Stat. § 102.166 (3)(c). After the vote counts are certified, the results are forwarded to the Department of State for any election involving a federal or state officer.”
Palm Beach Cnty. Canvassing Bd. v. Harris, 772 So. 2d 1220 (Fla. 2000). “' Fla. Stat. § 102.166 (5). In this pursuit, the provision strives to strengthen rather than dilute the right to vote by securing, as nearly as humanly possible, an accurate and true reflection of the will of the electorate.”
— 102.166(4)(a) — 5 cases
Ned L. Siegel, Georgette Sosa Douglas v. Theresa Lepore, Charles E. Burton, 234 F.3d 1163 (11th Cir. 2000). “See Fla. Stat. § 102.166 (4)(a). Such a request must be filed with the canvassing board within 72 hours after midnight of the date the election was held, or before the canvassing board has certified the challenged results, whichever is later.”
Palm Beach Cnty. Canvassing Bd. v. Harris, 772 So. 2d 1273 (Fla. 2000). “" Fla. Stat. § 102.166 (5). In this pursuit, the provision strives to strengthen rather than dilute the right to vote by securing, as nearly as humanly possible, an accurate and true reflection of the will of the electorate.”
Palm Beach Cnty. Canvassing Bd. v. Harris, 772 So. 2d 1220 (Fla. 2000). “' Fla. Stat. § 102.166 (5). In this pursuit, the provision strives to strengthen rather than dilute the right to vote by securing, as nearly as humanly possible, an accurate and true reflection of the will of the electorate.”
Broward Cty. Canvassing Bd. v. Hogan, 607 So. 2d 508 (Fla. 4th DCA 1992). “168 grants the right of contest, it does not change the discretionary aspect of the review procedures outlined in section 102.166. The statute clearly leaves the decision whether or not to hold a manual recount of the votes as a matter to be decided within the discretion of the…”
Ned L. Siegel v. Theresa Lepore (11th Cir. 2000).
— 102.166(4)(b) — 4 cases
Palm Beach Cnty. Canvassing Bd. v. Harris, 772 So. 2d 1273 (Fla. 2000). “" Fla. Stat. § 102.166 (5). In this pursuit, the provision strives to strengthen rather than dilute the right to vote by securing, as nearly as humanly possible, an accurate and true reflection of the will of the electorate.”
Palm Beach Cnty. Canvassing Bd. v. Harris, 772 So. 2d 1220 (Fla. 2000). “' Fla. Stat. § 102.166 (5). In this pursuit, the provision strives to strengthen rather than dilute the right to vote by securing, as nearly as humanly possible, an accurate and true reflection of the will of the electorate.”
Gore v. Harris, 772 So. 2d 1243 (Fla. 2000). “See § 102.166, Fla. Stat. This naturally follows from the fact that, even with the adoption of the 1999 amendments to section 102.”
Siegel v. LePore, 120 F. Supp. 2d 1041 (S.D. Fla. 2000). “” Fla. Stat. § 102.166 (3)(c). After the vote counts are certified, the results are forwarded to the Department of State for any election involving a federal or state officer.”
— 102.166(4)(c) — 6 cases
Palm Beach Cnty. Canvassing Bd. v. Harris, 772 So. 2d 1273 (Fla. 2000). “" Fla. Stat. § 102.166 (5). In this pursuit, the provision strives to strengthen rather than dilute the right to vote by securing, as nearly as humanly possible, an accurate and true reflection of the will of the electorate.”
Gore v. Harris, 772 So. 2d 1243 (Fla. 2000). “See § 102.166, Fla. Stat. This naturally follows from the fact that, even with the adoption of the 1999 amendments to section 102.”
Palm Beach Cnty. Canvassing Bd. v. Harris, 772 So. 2d 1220 (Fla. 2000). “' Fla. Stat. § 102.166 (5). In this pursuit, the provision strives to strengthen rather than dilute the right to vote by securing, as nearly as humanly possible, an accurate and true reflection of the will of the electorate.”
Broward Cty. Canvassing Bd. v. Hogan, 607 So. 2d 508 (Fla. 4th DCA 1992). “168 grants the right of contest, it does not change the discretionary aspect of the review procedures outlined in section 102.166. The statute clearly leaves the decision whether or not to hold a manual recount of the votes as a matter to be decided within the discretion of the…”
Siegel v. LePore, 120 F. Supp. 2d 1041 (S.D. Fla. 2000). “” Fla. Stat. § 102.166 (3)(c). After the vote counts are certified, the results are forwarded to the Department of State for any election involving a federal or state officer.”
— 102.166(4)(d) — 7 cases
Palm Beach Cnty. Canvassing Bd. v. Harris, 772 So. 2d 1273 (Fla. 2000). “" Fla. Stat. § 102.166 (5). In this pursuit, the provision strives to strengthen rather than dilute the right to vote by securing, as nearly as humanly possible, an accurate and true reflection of the will of the electorate.”
Palm Beach Cnty. Canvassing Bd. v. Harris, 772 So. 2d 1220 (Fla. 2000). “' Fla. Stat. § 102.166 (5). In this pursuit, the provision strives to strengthen rather than dilute the right to vote by securing, as nearly as humanly possible, an accurate and true reflection of the will of the electorate.”
Ned L. Siegel, Georgette Sosa Douglas v. Theresa Lepore, Charles E. Burton, 234 F.3d 1163 (11th Cir. 2000). “See Fla. Stat. § 102.166 (4)(a). Such a request must be filed with the canvassing board within 72 hours after midnight of the date the election was held, or before the canvassing board has certified the challenged results, whichever is later.”
Siegel v. LePore, 120 F. Supp. 2d 1041 (S.D. Fla. 2000). “” Fla. Stat. § 102.166 (3)(c). After the vote counts are certified, the results are forwarded to the Department of State for any election involving a federal or state officer.”
Wexler v. Lepore, 342 F. Supp. 2d 1097 (S.D. Fla. 2004). “Fla. Stat. § 102.166 . 2 In such an instance, “a manual recount of the overvotes and undervotes cast in the entire geographic jurisdiction of such office or ballot measure” shall be conducted.”
— 102.166(5) — 9 cases
Palm Beach Cnty. Canvassing Bd. v. Harris, 772 So. 2d 1273 (Fla. 2000). “" Fla. Stat. § 102.166 (5). In this pursuit, the provision strives to strengthen rather than dilute the right to vote by securing, as nearly as humanly possible, an accurate and true reflection of the will of the electorate.”
Palm Beach Cnty. Canvassing Bd. v. Harris, 772 So. 2d 1220 (Fla. 2000). “' Fla. Stat. § 102.166 (5). In this pursuit, the provision strives to strengthen rather than dilute the right to vote by securing, as nearly as humanly possible, an accurate and true reflection of the will of the electorate.”
Wexler v. Lepore, 878 So. 2d 1276 (Fla. 5th DCA 2004). “See § 102.166, Fla. Stat. (2003). In that instance, the board responsible for certifying the results of the vote shall order a manual recount of the overvotes and undervotes cast in the entire geographic jurisdiction of such office or ballot measure.”
Florida Democratic Party v. Hood, 884 So. 2d 1148 (Fla. 1st DCA 2004). “at 1272; see also Fla. Stat. § 102.166 (5)(a). When the Legislature makes a change in the statute, it is presumed to mean something by that change.”
Gore v. Harris, 772 So. 2d 1243 (Fla. 2000). “See § 102.166, Fla. Stat. This naturally follows from the fact that, even with the adoption of the 1999 amendments to section 102.”
— 102.166(5)(a) — 4 cases
Wexler v. Lepore, 878 So. 2d 1276 (Fla. 5th DCA 2004). “See § 102.166, Fla. Stat. (2003). In that instance, the board responsible for certifying the results of the vote shall order a manual recount of the overvotes and undervotes cast in the entire geographic jurisdiction of such office or ballot measure.”
Palm Beach Cnty. Canvassing Bd. v. Harris, 772 So. 2d 1273 (Fla. 2000). “" Fla. Stat. § 102.166 (5). In this pursuit, the provision strives to strengthen rather than dilute the right to vote by securing, as nearly as humanly possible, an accurate and true reflection of the will of the electorate.”
Palm Beach Cnty. Canvassing Bd. v. Harris, 772 So. 2d 1220 (Fla. 2000). “' Fla. Stat. § 102.166 (5). In this pursuit, the provision strives to strengthen rather than dilute the right to vote by securing, as nearly as humanly possible, an accurate and true reflection of the will of the electorate.”
Florida Democratic Party v. Hood, 884 So. 2d 1148 (Fla. 1st DCA 2004). “at 1272; see also Fla. Stat. § 102.166 (5)(a). When the Legislature makes a change in the statute, it is presumed to mean something by that change.”
— 102.166(5)(a)(c) — 1 case
Gore v. Harris, 773 So. 2d 524 (Fla. 2000). “[4] The concern for the general welfare of our democracy is implicit in the United States Constitution, which provides in part: We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common…”
— 102.166(5)(b) — 2 cases
Wexler v. Lepore, 878 So. 2d 1276 (Fla. 5th DCA 2004). “See § 102.166, Fla. Stat. (2003). In that instance, the board responsible for certifying the results of the vote shall order a manual recount of the overvotes and undervotes cast in the entire geographic jurisdiction of such office or ballot measure.”
Florida Democratic Party v. Hood, 884 So. 2d 1148 (Fla. 1st DCA 2004). “at 1272; see also Fla. Stat. § 102.166 (5)(a). When the Legislature makes a change in the statute, it is presumed to mean something by that change.”
— 102.166(5)(c) — 4 cases
Gore v. Harris, 772 So. 2d 1243 (Fla. 2000). “See § 102.166, Fla. Stat. This naturally follows from the fact that, even with the adoption of the 1999 amendments to section 102.”
Palm Beach Cnty. Canvassing Bd. v. Harris, 772 So. 2d 1220 (Fla. 2000). “' Fla. Stat. § 102.166 (5). In this pursuit, the provision strives to strengthen rather than dilute the right to vote by securing, as nearly as humanly possible, an accurate and true reflection of the will of the electorate.”
Miami-Dade Dem. Party v. Canvassing Bd., 773 So. 2d 1179 (Fla. 3d DCA 2000).
Siegel v. LePore, 120 F. Supp. 2d 1041 (S.D. Fla. 2000). “” Fla. Stat. § 102.166 (3)(c). After the vote counts are certified, the results are forwarded to the Department of State for any election involving a federal or state officer.”
— 102.166(6) — 2 cases
Gore v. Harris, 772 So. 2d 1243 (Fla. 2000). “See § 102.166, Fla. Stat. This naturally follows from the fact that, even with the adoption of the 1999 amendments to section 102.”
Touchston v. McDermott, 120 F. Supp. 2d 1055 (M.D. Fla. 2000). “In addition, Plaintiffs argue that section 102.166 enables a candidate in a statewide election to use the manual recount mechanism to selectively cause the ballots in some counties to be recounted while ignoring similarly situated valid ballots in other counties.”
— 102.166(6)(d) — 1 case
Wexler v. Lepore, 878 So. 2d 1276 (Fla. 5th DCA 2004). “See § 102.166, Fla. Stat. (2003). In that instance, the board responsible for certifying the results of the vote shall order a manual recount of the overvotes and undervotes cast in the entire geographic jurisdiction of such office or ballot measure.”
— 102.166(7) — 2 cases
Gore v. Harris, 772 So. 2d 1243 (Fla. 2000). “See § 102.166, Fla. Stat. This naturally follows from the fact that, even with the adoption of the 1999 amendments to section 102.”
Touchston v. McDermott, 120 F. Supp. 2d 1055 (M.D. Fla. 2000). “In addition, Plaintiffs argue that section 102.166 enables a candidate in a statewide election to use the manual recount mechanism to selectively cause the ballots in some counties to be recounted while ignoring similarly situated valid ballots in other counties.”
— 102.166(7)(b) — 4 cases
Gore v. Harris, 772 So. 2d 1243 (Fla. 2000). “See § 102.166, Fla. Stat. This naturally follows from the fact that, even with the adoption of the 1999 amendments to section 102.”
Florida Democratic Party v. Hood, 884 So. 2d 1148 (Fla. 1st DCA 2004). “at 1272; see also Fla. Stat. § 102.166 (5)(a). When the Legislature makes a change in the statute, it is presumed to mean something by that change.”
Wexler v. Lepore, 342 F. Supp. 2d 1097 (S.D. Fla. 2004). “Fla. Stat. § 102.166 . 2 In such an instance, “a manual recount of the overvotes and undervotes cast in the entire geographic jurisdiction of such office or ballot measure” shall be conducted.”
Gore v. Harris, 773 So. 2d 524 (Fla. 2000). “[4] The concern for the general welfare of our democracy is implicit in the United States Constitution, which provides in part: We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common…”
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