Florida § 99.0211 - Challenging candidacy.

§ 99.0211. Challenging candidacy.

(1) A candidate must be able to satisfy all statutory and constitutional requirements for the office for which he or she is seeking nomination or election. (2) A candidate or a political party with a candidate in the same race, or an affiliated party committee as authorized by s. 103.092, may challenge a candidate’s compliance with subsection (1) by filing an action for declaratory and injunctive relief in the circuit court for the county in which the filing officer is headquartered. (3) A person may not be qualified as a candidate for nomination or election, and his or her name may not appear on the ballot, if, in an order that has become final, the court determines that the candidate will not, at the time of qualification, election, or assumption of office, as applicable, satisfy all statutory and constitutional requirements for the office for which he or she is seeking nomination or election. (4) A candidate, a political party, or an affiliated party committee bringing an action for declaratory and injunctive relief under subsection (2) is entitled to an expedited final hearing, and any appeal of a final hearing must receive expedited consideration by the appellate court. Upon a final order of the circuit court which contains the determination under subsection (3), the supervisor of elections in each county affected by such candidacy shall remove the name of the candidate from the ballot or, if the ballots have already been printed, include a notice with each vote-by-mail ballot, and post a notice at each early voting location and polling precinct, stating that a vote for such candidate will not be counted.