Accordingly, while the board's actions concerning the elections process may constitute evidence in a contest proceeding, the board's decisions are not to be accorded the highly deferential "abuse of discretion" standard of review during a contest proceeding.
While abuse of discretion is the proper standard for assessing a canvassing board's actions in a section 102.166 protest proceeding, it is not applicable to this section 102.168 contest proceeding.
"The presidency," Mr. Wroth said, "is being decided on the basis of a confused situation in which the Florida court, almost inadvertently, spoke as though the Florida Legislature had intended to have any contest proceeding complete by Dec. 12".
But the formal leadership challenge mechanism – nominations for a named candidate; followed by a special conference card vote to decide if a leadership contest proceeds – is in practice inoperable, surely by design.
And they said that it is of paramount importance that every vote be counted if you can discern the voter's intent, and they said it is so important to permit that to be tested in a contest proceeding that we are going to set a deadline for the certification.
Section 102.168(2) sets forth the procedures that must be followed in a contest proceeding, providing that the contestant file a complaint in the Circuit Court within ten days after certification of the election returns or five days after certification following a protest pursuant to section 102.166(1), whichever occurs later.
Section 102.168(2) sets forth the procedures that must be followed in a contest proceeding, providing that the contestant file a complaint in the Circuit Court within ten days after certification of the election returns or five days after certification following a protest pursuant to section 102.166(1), Florida Statutes (2000), whichever occurs later.
The circuit judge is statutorily charged with three tasks in a contest proceeding: (1) to ensure that each allegation in the contestant's complaint is investigated, examined or checked; (2) to prevent or correct any alleged wrong and (3) to provide any relief appropriate under such circumstances.
That's what every contest proceeding is.
