Florida Statute 102.168 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title IX
ELECTORS AND ELECTIONS

Chapter 102
CONDUCTING ELECTIONS AND ASCERTAINING THE RESULTS

View Entire Chapter

F.S. 102.168

102.168 Contest of election.—

(1) Except as provided in s. 102.171, the certification of election or nomination of any person to office, or of the adoption of a constitutional amendment or 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 voter qualified to vote in the election related to such candidacy or constitutional amendment, or by any taxpayer, respectively.

(2) Such contestant shall file a complaint, together with the fees prescribed in chapter 28, with the clerk of the circuit court within 10 days after midnight of the date the last board responsible for certifying the results officially certifies the results of the election being contested.

(3) The complaint must 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 referendum or constitutional amendment. The grounds for contesting an election or a constitutional amendment 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 or of the proposed constitutional amendment for placement on the ballot.

(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 voter, 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 by referendum or constitutional amendment.

(4) The canvassing board responsible for canvassing the election is an indispensable party defendant in county and local elections. The Elections Canvassing Commission is an indispensable party defendant in federal, state, and multicounty elections; in elections for constitutional amendments; and in elections for justice of the Supreme Court, judge of a district court of appeal, and judge of a circuit court. The successful candidate is an indispensable party to any action brought to contest the election or nomination of a candidate. The sponsor of a constitutional amendment proposed by initiative petition, identified pursuant to s. 100.371, is an indispensable party to any action brought to contest such election.

(5) A statement of the grounds of contest may not be rejected, nor the proceedings dismissed, by the court for any want of form if the grounds of contest provided in the statement are sufficient to clearly inform the defendant of the particular proceeding or cause for which the nomination or election is contested.

(6) A copy of the complaint shall be served upon the defendant and any other person named therein in the same manner as in other civil cases under the laws of this state. Within 10 days after the complaint has been served, the defendant must file an answer admitting or denying the allegations on which the contestant relies or stating that the defendant has no knowledge or information concerning the allegations, which shall be deemed a denial of the allegations, and must state any other defenses, in law or fact, on which the defendant relies. If an answer is not filed within the time prescribed, the defendant may not be granted a hearing in court to assert any claim or objection that is required by this subsection to be stated in an answer.

(7) Any candidate, qualified elector, or taxpayer presenting such a contest to a circuit judge is entitled to an immediate hearing. However, the court in its discretion may limit the time to be consumed in taking testimony, with a view therein to the circumstances of the matter and to the proximity of any succeeding election.

(8) In any contest that requires a review of the canvassing board’s decision on the legality of a provisional or vote-by-mail ballot pursuant to s. 101.048 or s. 101.68 based upon a comparison of the signature of the elector in the registration records with the signature on the provisional or vote-by-mail voter’s certificate or the provisional or vote-by-mail cure affidavit, the circuit court may not review or consider any evidence other than the signature of the elector in the registration records, the signature on the respective voter’s certificate or cure affidavit, and any supporting identification that the elector submitted with the cure affidavit. The court’s review of such issue shall be to determine only if the canvassing board abused its discretion in making its decision.

History.—ss. 7, 8, Art. 10, ch. 38, 1845; RS 199; GS 283; RGS 379; CGL 444; s. 3, ch. 26870, 1951; s. 16, ch. 65-378; s. 28, ch. 77-175; s. 49, ch. 79-400; s. 602, ch. 95-147; s. 3, ch. 99-339; s. 44, ch. 2001-40; s. 60, ch. 2005-277; s. 44, ch. 2011-40; s. 35, ch. 2016-37; s. 38, ch. 2019-162; s. 11, ch. 2025-21.

Note.—Former s. 104.06; s. 99.192; s. 102.161.

F.S. 102.168 on Google Scholar

F.S. 102.168 on CourtListener

Amendments to 102.168

Annotations, Discussions, Cases:

Cases Citing Statute 102.168

Total Results: 46

Ned L. Siegel, Georgette Sosa Douglas v. Theresa Lepore, Charles E. Burton

234 F.3d 1163

Court of Appeals for the Eleventh Circuit | Filed: Dec 18, 2000 | Docket: 2056346

Cited 670 times | Published

canvassing board certifies results, see Fla. Stat. § 102.168(2), and once it does, a presumption kicks in and

Palm Beach County Canvassing Bd. v. Harris

772 So. 2d 1273, 2000 WL 1804707

Supreme Court of Florida | Filed: Dec 11, 2000 | Docket: 2517588

Cited 36 times | Published

conjunction with the contest provisions of section 102.168 and the deadlines set forth in 3 U.S.C. § 5

Gore v. Harris

772 So. 2d 1243, 2000 WL 1800752

Supreme Court of Florida | Filed: Dec 8, 2000 | Docket: 2523042

Cited 13 times | Published

the language set forth by the Legislature in section 102.168, Florida Statutes (2000). Indeed, an important

Beckstrom v. VOLUSIA COUNTY CANVASSING

707 So. 2d 720, 1998 WL 120219

Supreme Court of Florida | Filed: Mar 19, 1998 | Docket: 1675891

Cited 13 times | Published

in an election contest brought pursuant to section 102.168, Florida Statutes (1997), is to void the contested

McPherson v. Flynn

397 So. 2d 665

Supreme Court of Florida | Filed: Apr 14, 1981 | Docket: 1706874

Cited 13 times | Published

Fla. 453, 170 So. 118 (1936). Additionally, section 102.168 is limited, under these circumstances, to contesting

Palm Beach County Canvassing Bd. v. Harris

772 So. 2d 1220, 2000 WL 1725434

Supreme Court of Florida | Filed: Nov 21, 2000 | Docket: 2561311

Cited 11 times | Published

the certification of an election pursuant to section 102.168; or (2) by precluding Florida voters from participating

Bolden v. Potter

452 So. 2d 564, 18 Educ. L. Rep. 801

Supreme Court of Florida | Filed: Jun 28, 1984 | Docket: 474597

Cited 11 times | Published

this suit contesting the election pursuant to section 102.168, Florida Statutes (1977). At the trial Bolden

In Re Protest Election Returns and Absentee Ballots 4, 1997 Election for City of Miami

707 So. 2d 1170, 1998 Fla. App. LEXIS 2408, 23 Fla. L. Weekly Fed. D 1188

District Court of Appeal of Florida | Filed: Mar 11, 1998 | Docket: 1675821

Cited 10 times | Published

and November 13th election results, under Section 102.168, Florida Statutes (1997). The filings were

Broward Cty. Canvassing Bd. v. Hogan

607 So. 2d 508, 1992 Fla. App. LEXIS 11920, 1992 WL 324859

District Court of Appeal of Florida | Filed: Nov 12, 1992 | Docket: 1526242

Cited 8 times | Published

this action in the circuit court pursuant to section 102.168, Florida Statutes (1991). Although there was

People Against Tax Rev. Mismanagement, Inc. v. County of Leon

583 So. 2d 1373, 16 Fla. L. Weekly Supp. 579, 1991 Fla. LEXIS 888, 1991 WL 169539

Supreme Court of Florida | Filed: May 30, 1991 | Docket: 1284047

Cited 8 times | Published

instance was the procedure established by section 102.168, Florida Statutes (1989). This statute requires

Touchston v. Mcdermott

234 F.3d 1130, 2000 U.S. App. LEXIS 29366

Court of Appeals for the Eleventh Circuit | Filed: Nov 17, 2000 | Docket: 236430

Cited 7 times | Published

to Plaintiffs in state court"); see also Fla.Stat. 102.168(3)(e) (West Supp. 2000) ("The grounds for

Siegel v. LePore

120 F. Supp. 2d 1041, 29 Media L. Rep. (BNA) 1190, 2000 U.S. Dist. LEXIS 16333, 2000 WL 1687185

District Court, S.D. Florida | Filed: Nov 13, 2000 | Docket: 2367000

Cited 7 times | Published

a complaint in circuit court. See Fla. Stat. § 102.168 et seq. The circuit courts are authorized to provide

Norman v. Ambler

46 So. 3d 178, 2010 Fla. App. LEXIS 16285, 2010 WL 4227426

District Court of Appeal of Florida | Filed: Oct 27, 2010 | Docket: 2396258

Cited 6 times | Published

the candidate's wife. The complaint invoked section 102.168(3)(b), Florida Statutes (2010), which states

Levey v. Dijols

990 So. 2d 688, 2008 WL 4327060

District Court of Appeal of Florida | Filed: Sep 24, 2008 | Docket: 1422422

Cited 6 times | Published

the results of the primary election under section 102.168, Florida Statutes (2007). The complaint alleged

Anderson v. Canvassing & Election Bd.

399 So. 2d 1021

District Court of Appeal of Florida | Filed: May 29, 1981 | Docket: 1652493

Cited 5 times | Published

contest with the circuit court pursuant to Section 102.168, Florida Statutes (1979). In her complaint

Democratic Exec. Comm. of Fla. v. Detzner

347 F. Supp. 3d 1017

District Court, N.D. Florida | Filed: Nov 15, 2018 | Docket: 64321680

Cited 4 times | Published

certification of election results under Florida Statutes § 102.168 will not prevent irreparable harm. The voter's

Harris v. Florida Elections Canvassing Commission

122 F. Supp. 2d 1317, 2000 U.S. Dist. LEXIS 17875

District Court, N.D. Florida | Filed: Dec 9, 2000 | Docket: 523088

Cited 3 times | Published

under Florida's Election Contest Statute, Section 102.168, Fla. Stat. (2000). The plaintiffs claim, and

Burns v. Tondreau

139 So. 3d 481, 2014 WL 2515695, 2014 Fla. App. LEXIS 8523

District Court of Appeal of Florida | Filed: Jun 4, 2014 | Docket: 60241155

Cited 2 times | Published

must be brought pre-election. Pursuant to section 102.168(3)(b), Florida Statutes (2012), however, Burns

Touchston v. Mcdermott

234 F.3d 1133

Court of Appeals for the Eleventh Circuit | Filed: Dec 18, 2000 | Docket: 257768

Cited 2 times | Published

President Gore in Leon County pursuant to Fla. Stat. 102.168. Gore v. Harris, No. CV-00-2808 (Fla.Cir

Jacobs v. Seminole County Canvassing Bd.

773 So. 2d 519, 2000 WL 1810330

Supreme Court of Florida | Filed: Dec 12, 2000 | Docket: 1291726

Cited 2 times | Published

County Canvassing Board and others pursuant to section 102.168, Florida Statutes (2000), to contest the 2000

Potter v. Bolden

416 So. 2d 6

District Court of Appeal of Florida | Filed: Jun 4, 1982 | Docket: 1224245

Cited 2 times | Published

this action to contest the election, pursuant to § 102.168, Fla. Stat. (1977). At trial, plaintiffs presented

Smith v. Tynes

412 So. 2d 925, 3 Educ. L. Rep. 1154

District Court of Appeal of Florida | Filed: Apr 14, 1982 | Docket: 1525867

Cited 2 times | Published

election alleging a cause of action under Section 102.168, Florida Statutes, together with violations

Flack v. Carter

392 So. 2d 37

District Court of Appeal of Florida | Filed: Dec 23, 1980 | Docket: 1268240

Cited 2 times | Published

condition precedent to an election contest under § 102.168, Florida Statutes (1977). We find no Florida cases

Greene v. Clemens

98 So. 3d 791, 2012 Fla. App. LEXIS 18195, 2012 WL 5077368

District Court of Appeal of Florida | Filed: Oct 19, 2012 | Docket: 60312587

Cited 1 times | Published

a complaint to contest the election under section 102.168, alleging that the circuit court was required

Gore v. Harris

773 So. 2d 524, 2000 WL 1867628

Supreme Court of Florida | Filed: Dec 22, 2000 | Docket: 1291959

Cited 1 times | Published

2d at 1261 that in fashioning relief under section 102.168(8), a manual recount should be conducted in

People Against Tax Rev. Mismanagement, Inc. v. Leon Cty. Canvassing Bd.

573 So. 2d 31, 1990 WL 223866

District Court of Appeal of Florida | Filed: Dec 18, 1990 | Docket: 478779

Cited 1 times | Published

that the complaint was filed, pursuant to section 102.168, Florida Statutes (1987), in order to set aside

People Against Tax Rev. Mismanagement, Inc. v. Leon Cty. Canvassing Bd.

573 So. 2d 31, 1990 WL 223866

District Court of Appeal of Florida | Filed: Dec 18, 1990 | Docket: 478779

Cited 1 times | Published

that the complaint was filed, pursuant to section 102.168, Florida Statutes (1987), in order to set aside

Morse v. Dade County Canvassing Bd.

456 So. 2d 1314

District Court of Appeal of Florida | Filed: Oct 9, 1984 | Docket: 1447600

Cited 1 times | Published

that because it is a proper defendant under Section 102.168, it should also have standing to challenge

Kinney v. Putnam County Canvassing Board

253 So. 3d 1254

District Court of Appeal of Florida | Filed: Sep 10, 2018 | Docket: 7912334

Published

against the Board and DeLoach pursuant to section 102.168, 3 alleging that the election result was placed

Leon v. Carollo

246 So. 3d 490

District Court of Appeal of Florida | Filed: May 2, 2018 | Docket: 6383127

Published

contesting the election under Florida Statutes section 102.168(3)(b). The complaint alleged that Miami

Jackson v. Leon County Elections Canvassing Board

204 So. 3d 571, 2016 Fla. App. LEXIS 17402

District Court of Appeal of Florida | Filed: Nov 22, 2016 | Docket: 63630634

Published

to hold the “immediate hearing” mandated by section 102.168(7), Florida Statutes (2016). We granted the

Sid Dinerstein v. Susan Bucher, in her official capacity as Supervisor of Elections of Palm Beach County

195 So. 3d 1161, 2016 Fla. App. LEXIS 9796

District Court of Appeal of Florida | Filed: Jun 24, 2016 | Docket: 3082261

Published

Levy’s election. They sought relief through section 102.168, Florida Statutes, which provides for election

Henderson v. Johnson

97 So. 3d 946, 2012 WL 4009549, 2012 Fla. App. LEXIS 15369

District Court of Appeal of Florida | Filed: Sep 13, 2012 | Docket: 60312019

Published

Complaint to Contest Election” filed pursuant to section 102.168, Florida Statutes. The complaint concerned

Goldsmith v. McDonald

32 So. 3d 713, 2010 Fla. App. LEXIS 4499, 35 Fla. L. Weekly Fed. D 781

District Court of Appeal of Florida | Filed: Apr 7, 2010 | Docket: 1662338

Published

[2] See § 102.166, Fla. Stat. (2008). [3] See § 102.168, Fla. Stat. (2008). [4] See § 101.62, Fla. Stat

Braxton v. Holmes County Election Canvassing Board

870 So. 2d 958, 2004 Fla. App. LEXIS 1962, 2004 WL 329336

District Court of Appeal of Florida | Filed: Feb 24, 2004 | Docket: 64829920

Published

Election for the sheriffs race, pursuant to section 102.168, Florida Statutes (2000). Braxton lost the

Ago

Florida Attorney General Reports | Filed: Jul 18, 2001 | Docket: 3256220

Published

have been made against the canvassing board. Section 102.168(1), Florida Statutes, provides that: "Except

Miller v. City of Belle Glade Canvassing Board

790 So. 2d 511, 2001 Fla. App. LEXIS 8778, 2001 WL 716895

District Court of Appeal of Florida | Filed: Jun 27, 2001 | Docket: 64807099

Published

complaint includes an election contest pursuant to section 102.168, Florida Statutes (1999) (Count I), a petition

Taylor v. Martin County Canvassing Bd.

773 So. 2d 517, 26 Fla. L. Weekly Supp. 6, 2000 Fla. LEXIS 2402, 2000 WL 1810269

Supreme Court of Florida | Filed: Dec 12, 2000 | Docket: 1687536

Published

presidential election results pursuant to section 102.168, Florida Statutes (2000). The plaintiffs, electors

Ned L. Siegel v. Theresa Lepore

Court of Appeals for the Eleventh Circuit | Filed: Dec 6, 2000 | Docket: 396315

Published

voter, or taxpayer as a contest under Fla. Stat. § 102.168. A court may void a challenged election result

Robert C. Touchston v. Michael McDermott

234 F.3d 1133, 2000 WL 1781942

Court of Appeals for the Eleventh Circuit | Filed: Dec 6, 2000 | Docket: 396313

Published

President Gore in Leon County pursuant to Fla. Stat. § 102.168. Gore v. Harris, No. CV-00-2808 (Fla.Cir.Ct. Nov

Fladell v. Labarga

775 So. 2d 987, 2000 WL 1791027

District Court of Appeal of Florida | Filed: Nov 27, 2000 | Docket: 1667891

Published

if a revote were an available remedy under section 102.168, our election contest statute, I conclude that

Touchston v. McDermott

234 F.3d 1130, 2000 WL 1718739

Court of Appeals for the Eleventh Circuit | Filed: Nov 17, 2000 | Docket: 64073397

Published

Plaintiffs in state court”); see also Fla.Stat. § 102.168(3)(e) (West Supp. 2000) (“The grounds for contesting

Greenwood v. City of Delray Beach

543 So. 2d 451, 14 Fla. L. Weekly 1282, 1989 Fla. App. LEXIS 2934, 1989 WL 53358

District Court of Appeal of Florida | Filed: May 24, 1989 | Docket: 64642632

Published

upon noncompliance with notice requirements. Section 102.168, Florida Statutes (1987), provides that a person

Harden v. Garrett

483 So. 2d 409, 11 Fla. L. Weekly 13

Supreme Court of Florida | Filed: Dec 20, 1985 | Docket: 455811

Published

Statutes (1983), and an election contest under section 102.168, Florida Statutes (1983). Because the circuit

Adams v. Canvassing Board of Broward County

421 So. 2d 34, 1982 Fla. App. LEXIS 21952

District Court of Appeal of Florida | Filed: Oct 26, 1982 | Docket: 64592930

Published

purports to be a complaint filed pursuant to Section 102.168, Florida Statutes, Contest of Elections. The

Howanitz v. Blair

394 So. 2d 479, 1981 Fla. App. LEXIS 19551

District Court of Appeal of Florida | Filed: Feb 17, 1981 | Docket: 64580609

Published

properly filed a verified complaint pursuant to Section 102.-168, Florida Statutes (1977) to contest his failure