Judge Keeps Miami-Dade Elections Supervisor in Congressional Recount
U.S. District Judge David S. Leibowitz turned down the motion on November 9 as a machine recount began in the close contest between Republican incumbent María Elvira Salazar and Rodriguez. Salazar led by 0.46 percentage points, or just over 1,000 votes.
Rodriguez’s campaign argued Garcia should step aside because she had said Salazar would win with or without a recount. The campaign also pointed to Garcia’s son-in-law, Robert Fernandez, serving as an attorney for Salazar during the recount. The family connection was not discussed at Monday’s hearing.
Leibowitz criticized Garcia’s reported remark but said the evidence did not justify removing her from the Miami-Dade County Canvassing Board. He noted that two state court judges also sit on the board, so Garcia cannot decide alone whether a ballot is counted for either candidate. The judge also agreed a recount could change the outcome, but that was unlikely.
State election officials set November 12 at 3 p.m. as the deadline for the recount results. Miami-Dade Republican Party Chairman Kevin J. Cooper welcomed the ruling, saying election professionals should be allowed to do their jobs and lawful votes should be counted. Rodriguez’s campaign said its effort was about fair counting and public confidence in the process.
Judge Rejects Recount Challenge Despite Criticizing Elections Supervisor
A federal judge let Miami-Dade Elections Supervisor Alina Garcia remain on the canvassing board as ballots are recounted in the close contest between Republican incumbent María Elvira Salazar and Democrat Eliott Rodriguez. Salazar leads by 0.46 percentage points, just over 1,000 votes.
Rodriguez’s campaign sought Garcia’s removal after she reportedly said Salazar would win with or without a recount. It also raised that Garcia’s son-in-law, Robert Fernandez, is an attorney for Salazar during the recount. The family connection was not raised at Monday’s hearing.
Judge David S. Leibowitz called Garcia’s reported remark improper, but ruled the evidence was not enough to remove her. He pointed to two state court judges on the canvassing board and said Garcia cannot decide on her own whether a vote counts. The judge acknowledged a recount could change the result, though he considered that unlikely.
The ruling leaves Garcia involved in a process that Rodriguez’s campaign says must ensure fair counting and public confidence. The Florida Division of Elections has set a 3 p.m. November 12 deadline for the results. The court’s criticism recognizes the seriousness of a supervisor publicly expressing certainty about a race still subject to recount, even as the campaign’s request was denied.
Judge Rejects Bid to Remove Elections Supervisor From Recount
A federal judge rejected an effort to disqualify Miami-Dade Elections Supervisor Alina Garcia from the recount in Florida’s 27th Congressional District, keeping the election process on track. Republican incumbent María Elvira Salazar leads Democrat Eliott Rodriguez by 0.46 percentage points, or just over 1,000 votes.
Rodriguez’s campaign challenged Garcia over a reported statement that Salazar would win with or without a recount and because Garcia’s son-in-law, Robert Fernandez, is an attorney for Salazar during the recount. The family connection was not discussed in Monday’s hearing.
Judge David S. Leibowitz said Garcia’s reported comment was improper, but found insufficient evidence to remove her from the canvassing board. He noted two state court judges also serve on the board, preventing Garcia from unilaterally deciding whether a ballot counts. The judge said a recount could alter the result, but that was improbable.
The decision rejects the campaign’s bid to change who oversees the count while the recount proceeds under the existing process. Miami-Dade Republican Party Chairman Kevin J. Cooper welcomed the ruling and urged that lawful votes be counted and election professionals allowed to do their work. Results are due by 3 p.m. on November 12.
Reported by Local 10 Miami, WSVN 7News, CBS Miami.
