Florida Statute 102.171 | 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. 102.171

102.171 Contest of election to Legislature.—The jurisdiction to hear any contest of the election of a member to either house of the Legislature is vested in the applicable house, as each house, pursuant to s. 2, Art. III of the State Constitution, is the sole judge of the qualifications, elections, and returns of its members. Therefore, the certification of election of any person to the office of member of either house of the Legislature may only be contested in the applicable house by an unsuccessful candidate for such office, in accordance with the rules of that house. This section does not apply to any contest of the nomination of any person for the office of member of either house of the Legislature at any primary or special primary election in which only those qualified electors who are registered members of the political party holding such primary election may vote, as provided for in s. 5(b), Art. VI of the State Constitution. This section does apply to any contest of a primary or special primary election for the office of member of either house of the Legislature in which all qualified electors may vote, as provided for in s. 5(b), Art. VI of the State Constitution, and the recipient of the most votes is deemed to be elected according to applicable law.

History.—s. 4, ch. 99-339.

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Amendments to 102.171

Arrestable Offenses / Crimes under Fla. Stat. 102.171

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 102.171.

Annotations, Discussions, Cases:

Cases Citing Statute 102.171

Total Results: 3

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: Fla. Stat. (2016) (“Except as provided in s. '102.171,'"the certification of election or nomination of

Ago

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

Snippet: Statutes, provides that: "Except as provided in s. 102.171, the certification of election or nomination of

Gore v. Harris

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

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

Snippet: are additions): (1) Except as provided in s. 102.171, the certification of election or nomination of