Florida Statute 102.168 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title IX
ELECTORS AND ELECTIONS

Chapter 102
CONDUCTING ELECTIONS AND ASCERTAINING THE RESULTS

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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 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.

(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 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.

(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 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.

(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.

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

F.S. 102.168 on Google Scholar

F.S. 102.168 on Casetext

Amendments to 102.168

Arrestable Offenses / Crimes under Fla. Stat. 102.168

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 102.168.

Annotations, Discussions, Cases:

Cases Citing Statute 102.168

Total Results: 20

Kinney v. Putnam County Canvassing Board

Court: District Court of Appeal of Florida | Date Filed: 2018-09-10

Citation: 253 So. 3d 1254

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

Leon v. Carollo

Court: District Court of Appeal of Florida | Date Filed: 2018-05-02

Citation: 246 So. 3d 490

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

Jackson v. Leon County Elections Canvassing Board

Court: District Court of Appeal of Florida | Date Filed: 2016-11-23

Citation: 214 So. 3d 705, 2016 Fla. App. LEXIS 17635

Snippet: expeditiously as Florida law requires. See §§ 102.168(1), (3)(b) & (7), Fla. Stat. (2016). Needless delays

Jackson v. Leon County Elections Canvassing Board

Court: District Court of Appeal of Florida | Date Filed: 2016-11-22

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

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

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

Court: District Court of Appeal of Florida | Date Filed: 2016-06-24

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

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

Burns v. Tondreau

Court: District Court of Appeal of Florida | Date Filed: 2014-06-04

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

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

Greene v. Clemens

Court: District Court of Appeal of Florida | Date Filed: 2012-10-19

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

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

Henderson v. Johnson

Court: District Court of Appeal of Florida | Date Filed: 2012-09-13

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

Snippet: to Contest Election” filed pursuant to section 102.168, Florida Statutes. The complaint concerned the

Norman v. Ambler

Court: District Court of Appeal of Florida | Date Filed: 2010-10-27

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

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

Goldsmith v. McDonald

Court: District Court of Appeal of Florida | Date Filed: 2010-04-07

Citation: 32 So. 3d 713, 2010 Fla. App. LEXIS 4499

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

Chalifoux v. Sanchez

Court: District Court of Appeal of Florida | Date Filed: 2008-09-26

Citation: 991 So. 2d 432, 2008 WL 4363572

Snippet: the election laws. See §§ 100.361, 101.021, and 102.168, Fla. Stat. (2007). Appellant argues that since

Levey v. Dijols

Court: District Court of Appeal of Florida | Date Filed: 2008-09-24

Citation: 990 So. 2d 688, 2008 WL 4327060

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

Braxton v. Holmes County Election Canvassing Board

Court: District Court of Appeal of Florida | Date Filed: 2004-02-24

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

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

Ago

Court: Florida Attorney General Reports | Date Filed: 2001-07-18

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

Miller v. City of Belle Glade Canvassing Board

Court: District Court of Appeal of Florida | Date Filed: 2001-06-27

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

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

Gore v. Harris

Court: Supreme Court of Florida | Date Filed: 2000-12-22

Citation: 773 So. 2d 524, 2000 WL 1867628

Snippet: at 1261 that in fashioning relief under section 102.168(8), a manual recount should be conducted in all

Jacobs v. Seminole County Canvassing Bd.

Court: Supreme Court of Florida | Date Filed: 2000-12-12

Citation: 773 So. 2d 519, 2000 WL 1810330

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

Taylor v. Martin County Canvassing Bd.

Court: Supreme Court of Florida | Date Filed: 2000-12-12

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

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

Palm Beach County Canvassing Bd. v. Harris

Court: Supreme Court of Florida | Date Filed: 2000-12-11

Citation: 772 So. 2d 1273, 2000 WL 1804707

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

Gore v. Harris

Court: Supreme Court of Florida | Date Filed: 2000-12-08

Citation: 772 So. 2d 1243, 2000 WL 1800752

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