Sen. Bill Nelson’s (D-FL) Senate campaign and the Democratic Senatorial Campaign Committee filed a lawsuit in federal court Tuesday seeking to extend the Thursday deadline for county election officials statewide to complete a machine recount.
In the lawsuit, lawyers representing the Democrats argue that officials in certain parts of Florida will not be able to complete a machine recount by Thursday and that such an incomplete recount would violate the Constitution.
“Arbitrary application of an unreasonable deadline violates the prohibition against undue burdens on the right to vote, enshrined under the First and Fourteenth Amendments to the U.S. Constitution, and subjects Florida voters to disparate treatment and inconsistent standards in violation of the Fourteenth Amendment’s Equal Protection Clause,” Democrats alleged in their complaint.
The complaint notes that Palm Beach County elections supervisor Susan Bucher said Monday that because the machines used to conduct the recount can only tally one race at a time, the county will only be able to complete a recount in the Senate race by the Thursday deadline. The county also needs to conduct recounts for the governor and agriculture commissioner races.
A state judge has already extended the deadline in Palm Beach County by five days, giving election officials until Nov. 20 to complete its recounts. The ruling came in a case brought by a Democratic state House candidate who is also locked in a tight race requiring a recount.
The complaint filed by Nelson and the DSCC also notes that officials in Broward County were delayed in starting the recount there due to technical glitches.
The lawsuit also asks a federal judge to prevent Republican Gov. Rick Scott, Nelson’s opponent in the Senate race, and other Republican state officials from playing any role in certifying the election results.
Nelson has accused Scott of attempting to undermine the recount process and on Monday called on Scott to “remove himself from any role in the recount process.”
Read the complaint:
This has to be done. Overseas ballots have still not been counted. Counties will not be done with machine recounts until the end of this week. Then a hand recount has to happen. This should be extended until Dec. 15 with continuing extensions as needed. Al Franken wasn’t seated until 6 months after the term began. This is a Senate election, not a presidential election, and it will not determine political control of the body. The Senate has often operated with vacancies for several months. We can wait this out and make sure a complete, accurate count is done.
Unfortunately, Al Franken was seated when there wasn’t a lying scumbag screaming ‘fraud’ in the White House every day. I really wish someone would scream back … counter his lies vociferously and make it bold enough to make the news cycle for a change. Perhaps a Democrat who wants to run for president …
It makes sense and will best serve the goal of making every vote count. The Republicans therefore will resist it with every bit of their nastiness, screaming the fix is in.
Sounds like the argument in Bush v Gore and would undoubtedly be granted if Scott were the plaintiff. As it is, this case is easily distinguished on the facts.
If only some sort of, I don’t know, technology was available.