In Florida, the contest of an election is a court action in Circuit Court to challenge the nomination or election of a person to office or the results of any question submitted by referendum. Fla. Stat. § 102.168(1). Any unsuccessful candidate or any qualified voter in the election can contest the election or nomination of a person to office. Fla. Stat. § 102.168(1). Any taxpayer can contest the result of a question submitted by referendum. Fla. Stat. § 102.168(1).
The Circuit Court has jurisdiction over election contests of candidates and also of contests of referendum questions. Fla. Stat. § 102.168(1). Any unsuccessful candidate or qualified voter in the election can contest the election or nomination of a person to office and Fla. Stat. § 102.168(1). The venue for an election contest must be in the county in which the contestant is a qualified voter or in the county in which the question was submitted for referendum. Fla. Stat. § 102.1685. If the referendum question covered more than one county, then the venue is Leon County. Fla. Stat. § 102.1685.
The exception to this rule is that a contest of the election of a member of either house of the state legislature is heard by the applicable house. [1] Fla. Stat. § 102.171. The election of a member can only be contested by an unsuccessful candidate for the office, in accordance with the rules of the applicable house. Fla. Stat. § 102.171.
A person contesting an election (“contestant”) must file a complaint with the Clerk of the Circuit Court within 10 days after midnight of the election’s official certification date. Fla. Stat. § 102.168(2). The complaint must be accompanied by the appropriate fees (set by the Clerk of the Circuit Court). Fla. Stat. § 102.168(2).
The complaint must include at least one of the enumerated grounds upon which a contestant may contest an election. Fla. Stat. § 102.168(3). These grounds are: (1) misconduct, fraud, or corruption on the part of any election official or any member of the County Canvassing Board whose conduct places doubt on the result of the election; (2) ineligibility of the successful candidate for the office in dispute; (3) receipt of a number of illegal votes or rejection of a number of legal votes sufficient to place in doubt the results of the election; and (4) proof that any elector, election official, or County Canvassing Board member was offered a bribe for the purpose of procuring the results of the election in dispute. Fla. Stat. § 102.168(3).
Parties to the complaint include the successful candidate (if a contestant is contesting an election or nomination of a candidate) and the County Canvassing Board responsible for canvassing the election (in county and local elections) or the Elections Canvassing Commission (in federal, state, and multi-county elections, and in elections for Supreme Court justices and District Court and Circuit Court Judges). Fla. Stat. § 102.168(4). A copy of the complaint must be served upon the defendant and any other person named in the complaint, and within ten days after service, the defendant must file an answer. Fla. Stat. § 102.168(6).
Upon filing a complaint, the contestant is entitled to an “immediate” hearing before a Circuit Court judge. Fla. Stat. § 102.168(7). The Circuit Court may limit the time allotted for the hearing in consideration of the proximity of any election. Fla. Stat. § 102.168(7).
If a contest complaint requires the judicial review of the County Canvassing Board’s decision on the legality of a provisional or absentee ballot based on a signature comparison, the Circuit Court is limited in what evidence it can review. Fla. Stat. § 102.168(8). The only evidence the Circuit Court can consider is the signature of the voter in the registration records, the signature on the voter certificate or cure affidavit, and any supporting identification submitted with the cure affidavit. Fla. Stat. § 102.168(8). Using this evidence, the Circuit Court’s review is limited to determining only if the County Canvassing Board abused its discretion in making its decision. Fla. Stat. § 102.168(8).
If the Circuit Court finds in favor of a contestant contesting the election of a person to office, the judge issues a “judgment of ouster” against the person elected. Fla. Stat. § 102.1682(1). The Governor must revoke the commission of the person elected and commission the person that is found to be entitled to the office. Fla. Stat. § 102.1682(1).
If the Circuit Court finds in favor of a contestant contesting a referendum question, the judge sets aside the referendum question and that contest is void. Fla. Stat. § 102.1682(2).
Florida statute does not provide a specific appeal process for judgments in election contest cases. It is likely that such a judgment could be appealed through the standard appellate process in the state. Appeals of final judgments in Circuit Court cases are heard by the District Courts of Appeal. “District Courts of Appeal.”