(1) If the contestant is found to be entitled to the office, if on the findings a judgment to that effect is entered, and if the adverse party has been commissioned or has entered upon the duties thereof or is holding the office, then a judgment of ouster shall be entered against such party. Upon presentation of a certified copy of the judgment of ouster to the Governor, the Governor shall revoke such commission and commission the person found in the judgment to be entitled to the office.
(2) If a judgment is entered setting aside a referendum, the election shall be void.
History.—s. 9, Art. 10, ch. 38, 1845; RS 201; GS 285; RGS 381; CGL 446; s. 3, ch. 26870, 1951; s. 18, ch. 65-378; s. 29, ch. 77-175.
Note.—Former s. 104.08; s. 99.211; s. 102.163.
Structure Florida Statutes
Title IX - Electors and Elections
Chapter 102 - Conducting Elections and Ascertaining the Results
102.012 - Inspectors and Clerks to Conduct Elections.
102.014 - Poll Worker Recruitment and Training.
102.021 - Compensation of Inspectors, Clerks, and Deputy Sheriffs.
102.071 - Tabulation of Votes and Proclamation of Results.
102.072 - Vote-by-Mail Count Reporting.
102.091 - Duty of Sheriff to Watch for Violations; Appointment of Special Officers.
102.101 - Sheriff and Other Officers Not Allowed in Polling Place.
102.111 - Elections Canvassing Commission.
102.112 - Deadline for Submission of County Returns to the Department of State.
102.121 - Elections Canvassing Commission to Issue Certificates.
102.131 - Returns Before Canvassing Commission.
102.141 - County Canvassing Board; Duties.
102.155 - Certificate of Election.
102.166 - Manual Recounts of Overvotes and Undervotes.
102.168 - Contest of Election.
102.1682 - Judgment of Ouster; Revocation of Commission; Judgment Setting Aside Referendum.