Florida's 4 electoral votes were among those disputed in the 1876 election between Rutherford B. Hayes and Samuel J. Tilden.1 Unofficial returns listed by the Hayes Presidential Library show Tilden with 24,434 votes in Florida and Hayes with 24,340.2 The official result was set by a Republican-controlled returning board, which had the power to throw out votes it judged fraudulent.3 According to the Miller Center, the boards in Florida, Louisiana and South Carolina cited fraud, intimidation and violence and threw out enough Democratic votes for Hayes to win.4
On December 6, 1876, two sets of electors met and voted in Tallahassee.5 Governor M. L. Stearns certified the four Hayes electors, while objections filed in Congress said that four others, led by Wilkinson Call, had been lawfully chosen and had voted for Tilden.6 The objection also cited a later certificate from Stearns's successor as governor, an act of the legislature and a state court judgment in favor of the Call electors.7
Congress referred the dispute to the Electoral Commission, which decided that the votes certified by Stearns were to be counted for Hayes.8 It held that later acts of Florida's courts, legislature and governor could not be considered.9 Eight commissioners signed the decision and seven did not.10 The Senate sustained the decision and the House did not, so under the law the decision stood.11
The electoral votes of four states were disputed. Congress referred the matter to the Electoral Commission, which it established for the sole purpose of determining the winner of the election. The Electoral Commission gave the decision to Rutherford B. Hayes.
National Archives, Electoral College results for 1876, archives.gov, read October 3, 2026. Quoted as published.
Sources for each sentence
Each numbered entry quotes the words that support that sentence, as they appear on the linked page.
- Back to sentence 1
*The electoral votes of Florida, Louisiana, Oregon, and South Carolina were disputed.
archives.gov/electoral-college/1876 Delaware 3 - 3 - 3 Florida* 4 4 - 4 - Georgia 11
archives.gov/electoral-college/1876 - Back to sentence 2
What was the unofficial vote result in the three southern states in dispute? Florida Tilden 24,434 / Hayes 24,340
rbhayes.org/hayes/frequently-asked-questions-on-the-1876-election - Back to sentence 3
Both parties claimed victory in those states, but Republican-controlled "returning" boards would determine the official electoral votes.
millercenter.org/the-presidency/educational-resources/disputed-election-1876 The returning boards determined which votes to count and could throw out votes, if they deemed them fraudulent.
millercenter.org/the-presidency/educational-resources/disputed-election-1876 - Back to sentence 4
The returning boards in all three states argued that fraud, intimidation, and violence in certain districts invalidated votes, and they threw out enough Democratic votes for Hayes to win.
millercenter.org/the-presidency/educational-resources/disputed-election-1876 - Back to sentence 5
Electors cast their ballots in state capitals on December 6, 1876.
millercenter.org/the-presidency/educational-resources/disputed-election-1876 Tallahassee, Florida; and New Orleans, Louisiana-two sets of conflicting electors met and voted
millercenter.org/the-presidency/educational-resources/disputed-election-1876 - Back to sentence 6
to the paper purporting to be a certificate of M. L. Stearns, as governor, that Charles H. Pearce, Frederick C. Humphries, William H. Holden, and Thomas W. Long were appointed electors
govinfo.gov/content/pkg/GPO-HPREC-HINDS-V3/html/GPO-HPREC-HINDS-V3-10.htm The objections further alleged that the four electors last named constitutionally, on December 6, 1876, cast their votes for Tilden and Hendricks
govinfo.gov/content/pkg/GPO-HPREC-HINDS-V3/html/GPO-HPREC-HINDS-V3-10.htm - Back to sentence 7
a subsequent lawful certificate of the governor of Florida (successor to Governor Stearns) by act of the legislature declaring the title of Messrs. Call, Yonge, Hilton, and Bullock valid
govinfo.gov/content/pkg/GPO-HPREC-HINDS-V3/html/GPO-HPREC-HINDS-V3-10.htm by judgment of the circuit court of Florida which, in quo warranto proceedings
govinfo.gov/content/pkg/GPO-HPREC-HINDS-V3/html/GPO-HPREC-HINDS-V3-10.htm - Back to sentence 8
The decision of the Commission was that the votes certified by M. L. Stearns, governor, were the votes provided for by the Constitution, were lawfully to be counted, as therein certified, for Hayes and Wheeler
govinfo.gov/content/pkg/GPO-HPREC-HINDS-V3/html/GPO-HPREC-HINDS-V3-10.htm - Back to sentence 9
all proceedings of the courts or acts of the legislature or of the executive of Florida subsequent to the casting of the votes of the electors on the prescribed day are inadmissible for any such purpose
govinfo.gov/content/pkg/GPO-HPREC-HINDS-V3/html/GPO-HPREC-HINDS-V3-10.htm - Back to sentence 10
The report was signed by the eight Commissioners concurring. The seven nonconcurring filed no minority views.
govinfo.gov/content/pkg/GPO-HPREC-HINDS-V3/html/GPO-HPREC-HINDS-V3-10.htm - Back to sentence 11
it was announced that the Senate had sustained the decision of the Commission and the House had not.
govinfo.gov/content/pkg/GPO-HPREC-HINDS-V3/html/GPO-HPREC-HINDS-V3-10.htm the two Houses not concurring in ordering otherwise, the decision of the Commission would stand unreversed.
govinfo.gov/content/pkg/GPO-HPREC-HINDS-V3/html/GPO-HPREC-HINDS-V3-10.htm
Sources checked on October 3, 2026
Every sentence above links to the page it comes from, with the exact words quoted. On that date a script re-read each cited page and confirmed that every quote is on it. How these stories are made · Report an error