I'm a little behind on the thread but I picked this out of the majority ruling of the FL SC
Although the right to contest an election is created by statute, it has been a
long-standing right since 1845 when the first election contest statute was enacted.
See ch. 38, art. 10, §§ 7-9 Laws of Fla. (1845). As well-established in this State
by our contest statute, "[t]he right to a correct count of the ballots in an election is
a substantial right which it is the privilege of every candidate for office to insist
on, in every case where there has been a failure to make a proper count, call, tally,
or return of the votes as required by law, and this fact has been duly established as
the basis for granting such relief." State ex rel. Millinor v. Smith, 107 Fla. 134,
139, 144 So. 333, 335 (1932) (emphasis added). The Staff Analysis of the 1999 |
