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Bitter Florida recount: Lawsuits pile up, machines overheat
November 15, 2018
TALLAHASSEE, Fla. (AP) — With time running out in Florida’s high-stakes election recount, lawsuits piled up Wednesday amid a maelstrom of courtroom arguments, outdated ballot-scanning machines overheated and President Donald Trump leveled his latest unfounded allegation, that people had been voting in disguise.
Many counties have wrapped up their machine recount ahead of a Thursday deadline to complete reviews of the U.S. Senate and governor races, but larger Democratic strongholds were still racing to meet the deadline.
No less than six federal lawsuits have been filed so far in Tallahassee. In a key court battle, a federal judge said he was unlikely to order election officials to automatically count thousands of mail-in ballots that were rejected because the signatures on the ballots did not match signatures on file. U.S. District Judge Mark Walker, however, did say he was open to giving voters extra time to fix their ballots.
State officials said the matching requirement had led to the voiding of nearly 4,000 ballots, although that figure did not include larger counties such as Miami-Dade.
Walker rebuffed arguments from lawyers representing the state that allowing people until Saturday evening to fix their ballots would disrupt the recount process and the deadlines to report results. The deadline for hand recounts is Sunday.
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“I don’t understand why it’s going to completely bring Florida to its knees,” Walker said.
He said that, divided among 67 counties, the number of ballots would be only a handful per county, and they’d be considered while the elections supervisors are still counting overseas ballots.
“What are the possibilities that all 5,000 are going to show up?” Walker said if people are given an opportunity to correct their signatures. “I can tell you the odds: Zero.”
President Donald Trump also added to the grumblings about the recount by arguing without evidence that some people unlawfully participated in the election by dressing in disguise.
“When people get in line that have absolutely no right to vote and they go around in circles,” Trump said in an interview with The Daily Caller published Wednesday. “Sometimes they go to their car, put on a different hat, put on a different shirt, come in and vote again.”
The state elections department and the Florida Department of Law Enforcement, both run by Republican appointees, have said they haven’t seen any evidence of voter fraud of this sort.
But it was disclosed that a top attorney at the Florida Department of State sent a letter last week asking federal prosecutors to investigate whether Democrats distributed false information that could have resulted in voters having mail-in ballots disqualified.
Four county supervisors turned over information that showed Democratic Party operatives changed official forms to say that voters had until two days after the election to fix any problems with mail-in ballot signatures. Under current law, a voter has until the day before Election Day to fix a problem.
In other developments, Republican Gov. Rick Scott agreed to step down from the state panel responsible for certifying the final results. Scott is locked in a tight race with U.S. Sen. Bill Nelson and has already suggested fraud may be taking place in some counties. Critics have said Scott should have no role in overseeing the election given his close contest.
Meanwhile, problems continued in Palm Beach County, where tallying machines overheated while working overtime. That caused mismatched results with the recount of 174,000 early voting ballots, forcing workers to go back and redo their work.
“The machines are old,” said Supervisor of Elections Susan Bucher, who said they underwent maintenance right before the election. “I don’t think they were designed to work 24/7 — kind of like running an old car from here to L.A. And so, you know, things happen to them.”
Right now, Palm Beach County looks like it could miss the Thursday deadline, even though Nelson and Democrats filed lawsuits seeking to suspend it.
Also among the half-dozen federal lawsuits filed in Florida’s capital, Nelson’s campaign also is suing to seek public records from a north Florida elections supervisor who allowed voters in GOP-heavy Bay County to email their ballots in apparent violation of state law.
Walker, citing a well-known “Star Trek” episode about rapidly-reproducing furry aliens, said during one election lawsuit hearing Wednesday that “I feel a little bit like Captain Kirk in the episode with the Tribbles where they start to multiply.” He began his third hearing of the day by correcting himself: “The lawyers are multiplying like Tribbles — not the lawsuits.”
The developments are fueling frustrations among Democrats and Republicans as the recount unfolds more than a week after Election Day. Democrats have urged state officials to do whatever it takes to make sure every vote is counted. Republicans, including Trump, have argued without evidence that voter fraud threatens to steal races from the GOP.
The Republican candidates for governor and Senate, Ron DeSantis and Scott, hold the narrowest of leads over their Democratic counterparts, Andrew Gillum and Bill Nelson.
Scott was in Washington, D.C., while the court battles rage on. He stood at Senate Majority Leader Mitch McConnell’s left shoulder Wednesday when the Kentucky Republican welcomed GOP senators who will take their seats in January when the new Congress is sworn in.
During the brief photo-op in McConnell’s Capitol office, Scott did not reply to a question about whether he contends there was fraud in the election.
State law requires a machine recount in races where the margin is less than 0.5 percentage points. In the Senate race, Scott’s lead over Nelson was 0.14 percentage points. In the governor’s contest, unofficial results showed DeSantis ahead of Gillum by 0.41 percentage points.
Once the machine recount is complete, a hand recount will be ordered in any race where the difference is 0.25 percentage points or less, meaning it could take even longer to complete the review of the Senate race if the difference remains narrow.
If the Senate race does go to a hand recount, the deadline for counties to finish is Sunday.
Associated Press writers Jennifer Kay and Freida Frisaro in Miami and Alan Fram, Darlene Superville and Zeke Miller in Washington contributed to this report. Kennedy contributed to this report from Fort Lauderdale.
For AP’s complete coverage of the U.S. midterm elections: http://apne.ws/APPolitics .