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Florida Statute 102.168 | Lawyer Caselaw & Research
F.S. 102.168 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title IX
ELECTORS AND ELECTIONS
Chapter 102
CONDUCTING ELECTIONS AND ASCERTAINING THE RESULTS
View Entire Chapter
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 from cite.case.law:

DEMOCRATIC EXECUTIVE COMMITTEE OF FLORIDA, US v. M. LEE, In, 915 F.3d 1312 (11th Cir. 2019)

. . . . §§ 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 . . .

DEMOCRATIC EXECUTIVE COMMITTEE OF FLORIDA, U. S. v. DETZNER,, 347 F. Supp. 3d 1017 (N.D. Fla. 2018)

. . . 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, v. PUTNAM COUNTY CANVASSING BOARD BY AND THROUGH HARRIS, L. III, D. III,, 253 So. 3d 1254 (Fla. App. Ct. 2018)

. . . 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 . . .

LEON, v. CAROLLO,, 246 So. 3d 490 (Fla. App. Ct. 2018)

. . . 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 . . .

Dr. D. JACKSON, v. LEON COUNTY ELECTIONS CANVASSING BOARD C. a, 214 So. 3d 705 (Fla. Dist. Ct. App. 2016)

. . . See §§ 102.168(1), (3)(b) & (7), Fla. Stat. (2016). . . .

Dr. D. JACKSON, v. LEON COUNTY ELECTIONS CANVASSING BOARD C. a, 204 So.3d 571 (Fla. Dist. Ct. App. 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. . . .

LEVY, v. W. WOODS, v. W. v., 195 So. 3d 1161 (Fla. Dist. Ct. App. 2016)

. . . They sought relief through section 102.168, Florida Statutes, which provides for election contests, and . . .

BURNS, v. TONDREAU, A., 139 So. 3d 481 (Fla. Dist. Ct. App. 2014)

. . . 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). . . .

L. GREENE, v. CLEMENS a a a a E. a a, 98 So. 3d 791 (Fla. Dist. Ct. App. 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 . . .

HENDERSON, v. JOHNSON,, 97 So. 3d 946 (Fla. Dist. Ct. App. 2012)

. . . 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. . . .

NORMAN, v. AMBLER,, 46 So. 3d 178 (Fla. Dist. Ct. App. 2010)

. . . 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 . . .

GOLDSMITH, v. McDONALD,, 32 So. 3d 713 (Fla. Dist. Ct. App. 2010)

. . . See § 102.168, Fla. Stat. (2008). . See § 101.62, Fla. Stat. (2008). . See § 101.65, Fla. . . .

E. CHALIFOUX, Jr. v. SANCHEZ Jr., 991 So. 2d 432 (Fla. Dist. Ct. App. 2008)

. . . See §§ 100.361, 101.021, and 102.168, Fla. Stat. (2007). . . .

LEVEY, v. DIJOLS, Dr. C., 990 So. 2d 688 (Fla. Dist. Ct. App. 2008)

. . . 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). . . .

H. BRAXTON, v. HOLMES COUNTY ELECTION CANVASSING BOARD, E., 870 So. 2d 958 (Fla. Dist. Ct. App. 2004)

. . . 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. . . .

MILLER R. v. CITY OF BELLE GLADE CANVASSING BOARD,, 790 So. 2d 511 (Fla. Dist. Ct. App. 2001)

. . . 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 . . .

GORE, Jr. I. v. HARRIS,, 773 So. 2d 524 (Fla. 2000)

. . . 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 . . .

BUSH v. GORE, 531 U.S. 98 (U.S. 2000)

. . . . §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 . . .

TAYLOR, v. MARTIN COUNTY CANVASSING BOARD,, 773 So. 2d 517 (Fla. 2000)

. . . involves an election contest of the November 7, 2000, presidential election results pursuant to section 102.168 . . .

N. JACOBS, v. SEMINOLE COUNTY CANVASSING BOARD,, 773 So. 2d 519 (Fla. 2000)

. . . Appellants filed suit against the Seminole County Canvassing Board and others pursuant to section 102.168 . . .

PALM BEACH COUNTY CANVASSING BOARD, v. HARRIS, v. v., 772 So. 2d 1273 (Fla. 2000)

. . . 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 . . .

HARRIS, v. FLORIDA ELECTIONS CANVASSING COMMISSION, v., 122 F. Supp. 2d 1317 (N.D. Fla. 2000)

. . . 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. . . .

GORE, Jr. I. v. HARRIS,, 772 So. 2d 1243 (Fla. 2000)

. . . 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 . . .

C. TOUCHSTON, v. McDERMOTT, a a, 234 F.3d 1133 (11th Cir. 2000)

. . . Stat. § 102.168(3)(c). . . . Stat. § 102.168. . . . . § 102.168(3). . . . Fla Stat. § 102.168(8). . . . . Stat. § 102.168(3)(c). . . . .

L. SIEGEL, v. LEPORE, E., 234 F.3d 1163 (11th Cir. 2000)

. . . . § 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. . . .

FLADELL, v. LABARGA, W. Al v. Al W., 775 So. 2d 987 (Fla. Dist. Ct. App. 2000)

. . . 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.” . . .

PALM BEACH COUNTY CANVASSING BOARD, v. HARRIS, v. v., 772 So. 2d 1220 (Fla. 2000)

. . . 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 . . .

C. TOUCHSTON, v. McDERMOTT, a a, 234 F.3d 1130 (11th Cir. 2000)

. . . . § 102.168(3)(e) (West Supp. 2000) (“The grounds for contesting an election under this section are: . . .

SIEGEL, S. D. W. v. LEPORE, E. Jr., 120 F. Supp. 2d 1041 (S.D. Fla. 2000)

. . . . § 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). . . . .

BECKSTROM, v. VOLUSIA COUNTY CANVASSING BOARD L., 707 So. 2d 720 (Fla. 1998)

. . . 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 . . .

In THE MATTER OF THE PROTEST OF ELECTION RETURNS AND ABSENTEE BALLOTS IN NOVEMBER ELECTION FOR CITY OF MIAMI,, 707 So. 2d 1170 (Fla. Dist. Ct. App. 1998)

. . . Florida Statutes (1997), as well as the November 4th and November 13th election results, under Section 102.168 . . .

BROWARD COUNTY CANVASSING BOARD, v. S. HOGAN,, 607 So. 2d 508 (Fla. Dist. Ct. App. 1992)

. . . 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 . . .

PEOPLE AGAINST TAX REVENUE MISMANAGEMENT, INC. v. COUNTY OF LEON,, 583 So. 2d 1373 (Fla. 1991)

. . . 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 . . .

PEOPLE AGAINST TAX REVENUE MISMANAGEMENT, INC. v. LEON COUNTY CANVASSING BOARD,, 573 So. 2d 31 (Fla. Dist. Ct. App. 1990)

. . . 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 . . .

ORANGE COUNTY POLITICAL COALITION, INC. v. ORANGE COUNTY ELECTIONS BOARD ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS, 36 Fla. Supp. 2d 97 (Fla. Cir. Ct. 1989)

. . . 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 . . .

GREENWOOD, v. CITY OF DELRAY BEACH, A, 543 So. 2d 451 (Fla. Dist. Ct. App. 1989)

. . . Section 102.168, Florida Statutes (1987), provides that a person wishing to contest the result of any . . .

HARDEN, v. GARRETT,, 483 So. 2d 409 (Fla. 1985)

. . . 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 . . .

HARDEN v. GARRETT,, 13 Fla. Supp. 2d 8 (Fla. Cir. Ct. 1985)

. . . 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 . . .

C. MORSE, v. DADE COUNTY CANVASSING BOARD L., 456 So. 2d 1314 (Fla. Dist. Ct. App. 1984)

. . . 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 . . .

F. BOLDEN, v. W. L. POTTER,, 452 So. 2d 564 (Fla. 1984)

. . . Bolden then proceeded to bring this suit contesting the election pursuant to section 102.168, Florida . . .

ADAMS, v. CANVASSING BOARD OF BROWARD COUNTY, 421 So. 2d 34 (Fla. Dist. Ct. App. 1982)

. . . styled “Request to Contest Election Results,” which purports to be a complaint filed pursuant to Section 102.168 . . .

W. L. POTTER, v. F. BOLDEN,, 416 So. 2d 6 (Fla. Dist. Ct. App. 1982)

. . . Bolden (together with two other candidates) brought this action to contest the election, pursuant to § 102.168 . . .

SMITH, v. P. TYNES, Jr. L. H., 412 So. 2d 925 (Fla. Dist. Ct. App. 1982)

. . . 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 . . .

J. ANDERSON, v. CANVASSING AND ELECTION BOARD OF GADSDEN COUNTY, FLORIDA J. J., 399 So. 2d 1021 (Fla. Dist. Ct. App. 1981)

. . . for this office, Anderson timely filed an election contest with the circuit court pursuant to Section 102.168 . . .

McPHERSON, v. FLYNN,, 397 So. 2d 665 (Fla. 1981)

. . . 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 . . .

R. FLACK, v. J. CARTER, 392 So. 2d 37 (Fla. Dist. Ct. App. 1980)

. . . 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 . . .