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Smith v. Tynes, which was decided in 1982, addressed the pre-amendment statute which did not specify the grounds for a contest.
The statute, repeatedly cited by Mr. Boies during the trial, says that one of the grounds for a contest is "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".
He sought relief pursuant to Section 102.168(3)(c), which provides that "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" shall be grounds for a contest.
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Under Florida law, cited in the Gore team's brief, one of the grounds for a successful contest of the election is "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".
The Legislature in Section 168 has given us five and only five grounds for an election contest.
Moreover, rather than restraining the actions of the trial court hearing the contest, the legislative amendment codified the grounds for contesting an election, entitled any candidate or elector to an immediate hearing and provided the circuit judge with express authority to fashion such orders as are necessary to ensure that each allegation in the complaint is investigated, examined or checked.
Other strategies anticipate the two most common grounds for contesting a will or trust.
Their goal is to guard against the two most common grounds for contesting a will or trust.
The grounds for contesting an election include "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".
One of the revisions to the contest provision included the codification of the grounds for contesting an election.
Section 102.168(3) outlines the grounds for contesting an election, and includes: "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".
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com