The 2023 Florida Statutes (including Special Session C)
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. . . . §§ 102.168(1), (3), (8). . . . See id. §§ 102.168(3)(c), (8) (providing for a cause of action based on "rejection of a number of legal . . .
. . . Second, a voter's opportunity to contest the certification of election results under Florida Statutes § 102.168 . . . The voter's potential remedy under Section 102.168 is limited to a circuit court's review of only the . . . Id. § 102.168(8). . . .
. . . Kinney filed an election contest complaint against the Board and DeLoach pursuant to section 102.168, . . . See § 102.168(3)(c), Fla. Stat. . . . Under section 102.168(3)(c), the burden of establishing reasonable doubt in the election result fell . . . Section 102.168 details the process for contesting an election and gives courts the authority to review . . .
. . . In 1999, the Florida Legislature amended section 102.168 to allow for post-election challenges based . . . In Burns, we explained what section 102.168(3)(b) means by a successful candidate's "ineligibility" for . . . Section 102.168(3)(b) ineligibility, we concluded in Burns, refers to "constitutional ineligibility"- . . . Section 102.168(3)(b) allows a post-election challenge to "a candidate's constitutional eligibility to . . . When faced, as here, with a section 102.168(3)(b) post-election challenge to election results, we are . . .
. . . See §§ 102.168(1), (3)(b) & (7), Fla. Stat. (2016). . . .
. . . this Court seeking to compel the circuit court to hold the “immediate hearing” mandated by section 102.168 . . . Such a complaint must be filed within ten days after certification of the election results. § 102.168 . . . The City and Maddox argue that section 102.168 does not expressly apply to municipal elections, and in . . . Section 102.168(4) provides that “[t]he canvassing board responsible for canvassing the election is an . . . In response, Maddox argued that discovery was not available under section 102.168. . . .
. . . They sought relief through section 102.168, Florida Statutes, which provides for election contests, and . . .
. . . Pursuant to section 102.168(3)(b), Florida Statutes (2012), however, Burns is not barred from bringing . . . Because this is a post-election challenge, and section 102.168 authorizes post-election challenges only . . . In 1999, the Florida Legislature amended section 102.168 to allow for post-election challenges based . . . In his Amended Complaint, Burns seeks relief pursuant to section 102.168. . . . .” § 102.168(3)(b), Fla. Stat. (2012). . . .
. . . Bernard and two electors filed a complaint to contest the election under section 102.168, alleging that . . . Section 102.168(8) provides: In any contest that requires a review of the canvassing board’s decision . . . In an election contest, section 102.168(8) allows the circuit court to review only the elector’s signature . . . Here, the circuit court reviewed the evidence allowed by section 102.168(8) and found that the canvassing . . .
. . . dismissing with prejudice Appellant’s “Amended Complaint to Contest Election” filed pursuant to section 102.168 . . . fact that the “signature” was in fact printed and, thus, not properly sworn, as required by section 102.168 . . . Section 102.168(2), Florida Statutes, provides that election contest complaints must be filed within . . . Section 102.168(4), Florida Statutes, specifically states that the successful candidate is a necessary . . . party to an action brought under section 102.168. . . .
. . . The complaint invoked section 102.168(3)(b), Florida Statutes (2010), which states a ground for post-election . . . , the statutory right to bring an election contest after an election has taken place, which section 102.168 . . . Constitution, the constitutional criteria that determine eligibility within the meaning of section 102.168 . . . That grounds for an election challenge under section 102.168 have not been stated does not mean no remedy . . . Section 102.168, Florida Statutes (2010), provides: (3) The complaint shall set forth the grounds on . . .
. . . See § 102.168, Fla. Stat. (2008). . See § 101.62, Fla. Stat. (2008). . See § 101.65, Fla. . . .
. . . See §§ 100.361, 101.021, and 102.168, Fla. Stat. (2007). . . .
. . . September 5, 2008, Dijols filed a complaint contesting the results of the primary election under section 102.168 . . . lawyers and others about bringing a challenge to Levey’s choice of name, but he interpreted section 102.168 . . . Section 102.168 permits an unsuccessful candidate to contest “the certification of election or nomination . . . Stat. § 102.168(l)-(2). . . . .” § 102.168(3). . . .
. . . to his contest of the 2000 Holmes County General Election for the sheriffs race, pursuant to section 102.168 . . . expressed the will of the voters, then the court in an election contest brought pursuant to section 102.168 . . . See § 102.168(3)(c), Fla. . . .
. . . Appellants’ complaint includes an election contest pursuant to section 102.168, Florida Statutes (1999 . . . court dismissed the election contest in count I on the ground that it was untimely filed under section 102.168 . . . Section 102.168(2), Florida Statutes (1999), provides: (2)Such contestants shall file a complaint, together . . . As a result, under section 102.168(2), when the canvassing board certifies the results of that particular . . . The Florida Legislature has amended section 102.168(2) and deleted the entire five-day alternative time . . .
. . . Harris, 772 So.2d at 1261 that in fashioning relief under section 102.168(8), a manual recount should . . . Harris, we construed the term “legal vote” as used in the contest statute, section 102.168(3)(c), to . . . machine would not be counted through a manual recount either pursuant to section 102.166 or section 102.168 . . . raised under the protest provisions of section 102.166(4), but in the contest provisions of section 102.168 . . . Harris, 772 So.2d 1243 at 1249 n. 7 (noting parties' change of position that section 102.168 does not . . . See § 102.168, Fla.Stat. (2000). . . . . Florida election code, and hence could not be part of an “appropriate” order authorized by Fla.Stat. § 102.168 . . .
. . . . §97.012(1) (Supp. 2001), and to state circuit courts, §§ 102.168(1), 102.168(8). . . . Contests to the certification of an election, on the other hand, are controlled by § 102.168. . . . .” § 102.168(3)(c). . . . or election board is the proper party defendant, § 102.168(4). . . . Ann. § 102.168(8) (Supp. 2001). . . . . § 102.168 (Supp. 2001); there is no question here about the state court’s interpretation of the related . . . What Bush does argue, as I understand the contention, is that the interpretation of § 102.168 was so . . . point for evaluating the claim that the Florida Supreme Court’s interpretation effectively rewrote §102.168 . . . Ann. § 102.168(3)(c) (Supp. 2001). . . . Ann. § 102.168(8) (Supp. 2001), to “fashion such orders as he or she deems necessary to ensure that each . . . . § 102.168 (Supp. 2001). . . . He sought relief pursuant to § 102.168(3)(c), which provides that “[Receipt of a number of illegal votes . . . The Supreme Court held that Vice President Gore had satisfied his burden of proof under § 102.168(3)( . . . broad discretion in the circuit judge to “provide any relief appropriate under such circumstances,” §102.168 . . . Ann. §102.168(8) (Supp. 2001). * * * None are more conscious of the vital limits on judicial authority . . .
. . . involves an election contest of the November 7, 2000, presidential election results pursuant to section 102.168 . . .
. . . Appellants filed suit against the Seminole County Canvassing Board and others pursuant to section 102.168 . . .
. . . certification must necessarily be considered in conjunction with the contest provisions of section 102.168 . . . candidate, elector, or taxpayer from contesting the certification of an election pursuant to section 102.168 . . . candidate, elector, or taxpayer from contesting the certification of an election pursuant to section 102.168 . . . In this case, the parties conceded that the contest provisions contained in section 102.168 apply to . . . that comprehensive reading required that there be time for an elections contest pursuant to section 102.168 . . .
. . . in both cases characterize their causes as arising under Florida’s Election Contest Statute, Section 102.168 . . . number of illegal votes ... sufficient to change or place in doubt the result of the election” under § 102.168 . . . Section 102.168 allows any unsuccessful candidate or any elector qualified to vote to contest, in the . . . Section 102.168(7) entitles the contestant to “an immediate hearing” and subsection (8) states: The circuit . . . Stat. § 102.168 or any other provision of state or federal law. . . .
. . . See § 102.168(8), Fla. Stat. (2000). . . . . § 102.168(3)(c), Fla. Stat. (2000). . . . However, as discussed above, when the Legislature amended section 102.168 in 1999, it specified five . . . The basis for appellants’ claim for relief under section 102.168 is that there is a “no-vote” problem . . . In a presidential election, however, section 102.168, by its title, is an “Election” contest and, as . . . This case today is controlled by the language set forth by the Legislature in section 102.168, Florida . . . See § 102.168 (providing that election contests not pertaining to either house of the Legislature may . . . Section 102.168(2) sets forth the procedures that must be followed in a contest proceeding, providing . . . The Legislature substantially revised section 102.168 in 1999. . . . However, the plain language of section 102.168 refutes appel-lees’ argument. . . . with regard to error by Judge Sauls and his conclusions as to the separateness of sections 102.166 and 102.168 . . . Section 102.168, Florida Statutes, in its present form is a new statute adopted by the Legislature in . . . In the election contest, the canvassing board is the proper party defendant under section 102.168(4). . . . Further, under section 102.168(8), the circuit judge to whom the contest is presented may fashion such . . . Second, section 102.168(5), provides: A statement of the grounds of contest may not be rejected, nor . . .
. . . Stat. § 102.168(3)(c). . . . Stat. § 102.168. . . . . § 102.168(3). . . . Fla Stat. § 102.168(8). . . . . Stat. § 102.168(3)(c). . . . .
. . . . § 102.168(2), and once it does, a presumption kicks in and weighs against granting any relief in the . . . Stat. § 102.168(2). . . . Stat. § 102.168(3)(e) (“Receipt of a number of illegal votes or rejection of a number of legal votes . . . . § 102.168. . . .
. . . Even if a revote were an available remedy under section 102.168, our election contest statute, I conclude . . . Section 102.168 provides in subsection (1) that “the certification of election... may be contested.” . . .
. . . In this regard we consider the provisions of section 102.166 and 102.168. . . . candidate, elector, or taxpayer from contesting the certification of an election pursuant to section 102.168 . . . a candidate, elector, or taxpayer from contesting the certification of election pursuant to section 102.168 . . . See § 102.168(2), Fla. . . . its returns following a protest). .The grounds for contesting an election are set forth in section 102.168 . . .
. . . . § 102.168(3)(e) (West Supp. 2000) (“The grounds for contesting an election under this section are: . . .
. . . . § 102.168 et seq. The circuit courts are authorized to provide any relief that is appropriate. . . . Stat. § 102.168(8). . . . Stat. § 102.168(1). . . . Stat. § 102.168(7). . . . Stat. § 102.168(8). . . . .
. . . expressed the will of the voters, then the court in an election contest brought pursuant to section 102.168 . . . issue presented by appellant’s complaint in this election contest pursuant to sections 102.166(11) and 102.168 . . .
. . . Florida Statutes (1997), as well as the November 4th and November 13th election results, under Section 102.168 . . .
. . . Appellee timely filed this action in the circuit court pursuant to section 102.168, Florida Statutes . . . also challenge a certification of the results of an election by filing a complaint in circuit court. § 102.168 . . . section 102.1682, which enumerates the remedies available for the successful challenger under section 102.168 . . . Although section 102.168 grants the right of contest, it does not change the discretionary aspect of . . .
. . . method of resolving the election dispute in this instance was the procedure established by section 102.168 . . . Section 102.168 on its face is a general statute creating a procedure by which taxpayers (as plaintiffs . . . the somewhat different issue that the county lacks standing in the present case because of section 102.168 . . .
. . . against the Leon County Canvassing Board, alleging that the complaint was filed, pursuant to section 102.168 . . . Hudspeth, and the question before that court was not the propriety of voiding an election under section 102.168 . . . sales tax referendum, we agree with the trial court that suit was improperly brought under section 102.168 . . .
. . . Jurisdiction was alleged under F.S. 102.168, F.S. 86 and Article 5, Section 5(b) of the Florida Constitution . . . The Court finds that the Petitioner’s reliance on F.S. 102.168 Contest of Election, is clearly without . . .
. . . Section 102.168, Florida Statutes (1987), provides that a person wishing to contest the result of any . . .
. . . challenged in the circuit court the validity and conduct of the election under sections 102.166 and 102.168 . . . election protest under section 102.166, Florida Statutes (1983), and an election contest under section 102.168 . . . latter ruling and found no jurisdiction, evidence was admitted respecting the requisites of sections 102.168 . . .
. . . On November 14, 1984, Harden filed a complaint to contest the election pursuant to Sec. 102.168, F.S. . . . determined to permit the matter to go forward as an election contest under the provisions of Sec’s. 102.168 . . . Flynn, 397 So.2d 665 (Fla. 1981), that Sec. 102.168, F.S., the elections contest statute, allows the . . . the Court now believes and holds as a matter of law, that the election contest provisions of Sec’s. 102.168 . . . abundantly clear in a constitutional sense that if the elections contest mechanism prescribed in Sec’s. 102.168 . . .
. . . The canvassing board contends that because it is a proper defendant under Section 102.168, it should . . . If it were necessary, we, in all probability, would reject that argument, but since Section 102.168 is . . .
. . . Bolden then proceeded to bring this suit contesting the election pursuant to section 102.168, Florida . . .
. . . styled “Request to Contest Election Results,” which purports to be a complaint filed pursuant to Section 102.168 . . .
. . . Bolden (together with two other candidates) brought this action to contest the election, pursuant to § 102.168 . . .
. . . Smith challenged the result of the primary election alleging a cause of action under Section 102.168, . . . Section 102.168 establishes the criteria for an election contest. . . . not allege irregularities in the actual balloting and counting process, his complaint under Section 102.168 . . .
. . . for this office, Anderson timely filed an election contest with the circuit court pursuant to Section 102.168 . . .
. . . Respondent grounds his cause of action in sections 102.168 and 102.1682, Florida Statutes (1979), relating . . . See §§ 102.168, 102.1682 Fla.Stat. (1979). . . . Additionally, section 102.168 is limited, under these circumstances, to contesting the “certification . . . same motion to dismiss previously filed, and he denied the motion as had the original judge. .Sections 102.168 . . . and 102.1682 read: 102.168 Contest of election. — The certification of election or nomination of any . . .
. . . issue of whether compliance with § 102.166 is a condition precedent to an election contest under § 102.168 . . . this latter category and should have been considered by the judge of the Circuit Court pursuant to § 102.168 . . .