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: Fla. Dist. Ct. App. | Date Filed: 2018-09-10T00:53:00-07:00

Snippet: against the Board and DeLoach pursuant to section 102.168, 3 alleging that the election result was placed…place in doubt the result of the election.” See § 102.168(3)(c), Fla. Stat. The stipulation listed 42 registered…Kinney, and 995 were for Edison. 3Section 102.168 details the process for contesting an election …Bd., 707 So. 2d 720 (Fla. 1998)). Under section 102.168(3)(c), the burden of establishing reasonable doubt

Leon v. Carollo

Court: Fla. Dist. Ct. App. | Date Filed: 2018-05-02T00:53:00-07:00

Snippet: authorized by section 102.168(3)(b). When faced, as here, with a section 102.168(3)(b) post-election…contesting the election under Florida Statutes section 102.168(3)(b). The complaint alleged that Miami …post-election challenge, the legislature added section 102.168(3)(b) to allow a post-election challenge based … 3 § 102.168(3)(b), Fla. Stat. (2017); see also Burns v. Tondreau… 1999, the Florida Legislature amended section 102.168 to allow for post-election challenges based on

Jackson v. Leon County Elections Canvassing Board

Court: Fla. Dist. Ct. App. | Date Filed: 2016-11-23T00:00:00-08:00

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

Jackson v. Leon County Elections Canvassing Board

Court: Fla. Dist. Ct. App. | Date Filed: 2016-11-22T00:00:00-08:00

Citation: 204 So. 3d 571

Snippet: hold the “immediate hearing” mandated by section 102.168(7), Florida Statutes (2016). We granted the petition…conduct an immediate hearing as required by section 102.168(7). II. Mandamus Proceeding Jackson challenged …challenged Maddox’s election pursuant to section 102.168(1), Florida Statutes (2016), which provides that “the …after certification of the election results. § 102.168(2), Fla. Stat. (2016). Jackson filed a timely complaint…candidate for the nomination or office in dispute.” § 102,168(3)(b), Fla. Stat. (2016). To establish ineligibility

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

Court: Fla. Dist. Ct. App. | Date Filed: 2016-06-24T00:00:00-07:00

Citation: 195 So. 3d 1161

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

Burns v. Tondreau

Court: Fla. Dist. Ct. App. | Date Filed: 2014-06-04T00:00:00-07:00

Citation: 139 So. 3d 481

Snippet: sections [102.168 and 102.1682] providing for contest of elec*488tions.”).”8 Section 102.168(3)(b), however…must be brought pre-election. Pursuant to section 102.168(3)(b), Florida Statutes (2012), however, Burns …declaratory judgment pursuant to sections 86.021 and 102.168, Florida Statutes (2012). Subsequently, Burns filed…this is a post-election challenge, and section 102.168 authorizes post-election challenges only on limited…candidate for the nomination or office in dispute,’ § 102.168(3)(b), Fla. Stat. (2010), a pleading must aver,

Greene v. Clemens

Court: Fla. Dist. Ct. App. | Date Filed: 2012-10-19T00:00:00-07:00

Citation: 98 So. 3d 791

Snippet: complaint to contest the election under section 102.168, alleging that the circuit court was required to…whose absentee ballots had been rejected. Section 102.168(8) provides: In any contest that requires a review…64 (Fla.2005). In an election contest, section 102.168(8) allows the circuit court to re*794view only …court reviewed the evidence allowed by section 102.168(8) and found that the canvassing board had not

Henderson v. Johnson

Court: Fla. Dist. Ct. App. | Date Filed: 2012-09-13T00:00:00-07:00

Citation: 97 So. 3d 946

Snippet: to Contest Election” filed pursuant to section 102.168, Florida Statutes. The complaint concerned the …thus, not properly sworn, as required by section 102.168. Appellee also argued the complaint failed to assert…the original complaint was timely filed. Section 102.168(2), Florida Statutes, provides that election contest…part, as it is not necessary to do so. Section 102.168(4), Florida Statutes, specifically states that …necessary party to an action brought under section 102.168. Appellant also named the only other indispensible

Norman v. Ambler

Court: Fla. Dist. Ct. App. | Date Filed: 2010-10-27T00:00:00-07:00

Citation: 46 So. 3d 178

Snippet: candidate's wife. The complaint invoked section 102.168(3)(b), Florida Statutes (2010), which states a …after an election has taken place, which section 102.168 confers, should be construed in strict conformity…candidate for the nomination . . . in dispute." § 102.168(3)(b), Fla. Stat. (2010). The law distinguishes…determine eligibility within the meaning of section 102.168(3)(b), Florida Statutes (2010). See Miller, 804…grounds for an election challenge under section 102.168 have not been stated does not mean no remedy is

Goldsmith v. McDonald

Court: Fla. Dist. Ct. App. | Date Filed: 2010-04-07T00:00:00-07:00

Citation: 32 So. 3d 713

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

Chalifoux v. Sanchez

Court: Fla. Dist. Ct. App. | Date Filed: 2008-09-26T00:00:00-07:00

Citation: 991 So. 2d 432

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

Levey v. Dijols

Court: Fla. Dist. Ct. App. | Date Filed: 2008-09-24T00:53:00-07:00

Citation: 990 So. 2d 688

Snippet: results of the primary election under section 102.168, Florida Statutes (2007). The complaint alleged…#39;s choice of name, but he interpreted section 102.168 as requiring an unsuccessful candidate to wait … those that are expressly permitted by section 102.168(3), Florida Statutes (2007). See McPherson v. Flynn….1981). In 1999, the legislature amended section 102.168(3) to enumerate specific grounds for contesting…Ch. 99-339, § 3, at 3548, Laws of Fla. Section 102.168 permits an unsuccessful candidate to contest "

Braxton v. Holmes County Election Canvassing Board

Court: Fla. Dist. Ct. App. | Date Filed: 2004-02-24T00:00:00-08:00

Citation: 870 So. 2d 958

Snippet: Election for the sheriffs race, pursuant to section 102.168, Florida Statutes (2000). Braxton lost the race…an election contest brought pursuant to section 102.168, Florida Statutes (1997), is to void the contested…place in doubt the result of the election. See § 102.168(3)(c), Fla. Stat. (2000)(stating that grounds for

Ago

Court: Fla. Att'y Gen. | Date Filed: 2001-07-18T00:53:00-07:00

Snippet: of its members." 2 Section 102.168(3), Fla. Stat. 3 Section 102.168(4), Fla. Stat. 4 298 So.2d 210…been made against the canvassing board. Section 102.168(1), Florida Statutes, provides that: "Except…functioning of its governing body. 8 You note that s. 102.168, Fla. Stat., makes the successful candidate an

Miller v. City of Belle Glade Canvassing Board

Court: Fla. Dist. Ct. App. | Date Filed: 2001-06-27T00:00:00-07:00

Citation: 790 So. 2d 511

Snippet: includes an election contest pursuant to section 102.168, Florida Statutes (1999) (Count I), a petition …ground that it was untimely filed under section 102.168(2). Appellants argue on appeal that the complaint… and reverse the dismissal of count I. Section 102.168(2), Florida Statutes (1999),2 provides: (2)Such…resolution of the protest. As a result, under section 102.168(2), when the canvassing board certifies the results… . The Florida Legislature has amended section 102.168(2) and deleted the entire five-day alternative

Gore v. Harris

Court: Fla. | Date Filed: 2000-12-21T23:53:00-08:00

Citation: 773 So. 2d 524

Snippet: at 1261 that in fashioning relief under section 102.168(8), a manual recount should be conducted in all… and the scope of the contest statute, section 102.168, to fashion appropriate relief on a statewide basis…" as used in the contest statute, section 102.168(3)(c), to be one where an examination of the ballot… either pursuant to section 102.166 or section 102.168 even if upon a manual review the voter's *… Harris, 772 So.2d 1273 (Fla.2000). [8] See § 102.168, Fla.Stat. (2000). [9] The United States Supreme

Taylor v. Martin County Canvassing Bd.

Court: Fla. | Date Filed: 2000-12-11T23:53:00-08:00

Citation: 773 So. 2d 517

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

Jacobs v. Seminole County Canvassing Bd.

Court: Fla. | Date Filed: 2000-12-11T23:53:00-08:00

Citation: 773 So. 2d 519

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

Palm Beach County Canvassing Bd. v. Harris

Court: Fla. | Date Filed: 2000-12-10T23:53:00-08:00

Citation: 772 So. 2d 1273

Snippet: conjunction with the contest provisions of section 102.168 and the deadlines set forth in 3 U.S.C. § 5. Therefore…certification of an election pursuant to section 102.168;[20] or (2) in the case of a federal election, …certification of an election pursuant to section 102.168; or (2) in the case of a federal election, result…that the contest provisions contained in section 102.168 apply to presidential elections. [21] At oral …for the election contest provisions of section 102.168. As always, it is necessary to read all provisions

Gore v. Harris

Court: Fla. | Date Filed: 2000-12-07T23:53:00-08:00

Citation: 772 So. 2d 1243

Snippet: section 102.168 that an election contest shall be resolved in a judicial forum. See § 102.168 (providing… the election." § 102.168(3)(c) (emphasis added). Finally, section 102.168(8) authorizes the circuit…plain language of section 102.168 refutes appellees' argument. Section 102.168(2) sets forth the procedures… the election." § 102.168(3)(c) (emphasis added). Finally, section 102.168(8) authorizes the circuit…party defendant under section 102.168(4). Further, under section 102.168(8), the circuit judge to whom