The electoral contest between María Elvira Salazar and Eliott Rodríguez for Florida's 27th district took a new turn on Thursday. Rodríguez's campaign demanded that Alina García, Miami-Dade's election supervisor, step down from the election board and any potential vote recount, citing concerns over bias and a possible familial conflict of interest.
On November 5, attorney Jason B. Blank from the law firm Haber Blank formally submitted the request in a letter addressed to Oren Rosenthal, legal counsel for the Supervisor of Elections Office.
Rodríguez's legal team bases their request on two main points: García's premature declarations about Salazar's victory and an alleged family connection between García and a lawyer representing the Republican congresswoman during the recount.
Concerns Over Premature Victory Declaration
The initial objection arises from García's comments on election night, when she told the Miami Herald that María Elvira Salazar was the winner, regardless of a potential recount. "María Elvira is the winner, with or without a recount," García reportedly stated, as cited in the legal claim. The newspaper also noted García's view that while it was "possible, but not probable," the uncounted votes could alter the outcome.
"A candidate can declare themselves the winner. An election official responsible for oversight should exercise more caution," the letter argues. It emphasizes that the recount should determine the outcome rather than merely affirm a pre-determined conclusion.
Potential Familial Conflict of Interest
The second concern involves a potential conflict of interest that, if validated, could complicate García's involvement in the process. According to information obtained by the Democratic campaign, Robert Fernández, a lawyer allegedly representing María Elvira Salazar during the recount, is García's son-in-law.
Rodríguez's representatives have requested immediate confirmation of this familial connection and Fernández's role in the procedure. However, neither the relationship nor Fernández's involvement has been independently verified in the submitted documentation.
Legal Demand for Written Confirmation
Rodríguez's legal team invoked section 102.141(1)(b) of Florida's election law, which allows for the appointment of a substitute when an election supervisor is unable to fulfill their duties or is disqualified. The statute stipulates that if the election supervisor is disqualified, the County Commission Chair must appoint a substitute from among its members, while the supervisor retains only advisory functions to the election board.
The attorneys demand that García confirm her withdrawal in writing before the board re-examines the results for district 27. They also request identification of the official who would take her place and clarification of any advisory role García might retain.
"Voters deserve a fair count. They shouldn't have to wonder if the official overseeing it has already decided the outcome," Blank asserted in the claim. The campaign emphasized that their goal is to ensure process transparency and public trust in the results.
Tight Election Margin
According to preliminary Miami-Dade results reviewed on Thursday, Salazar had secured 124,511 votes (50.22%), compared to Rodríguez's 123,408 (49.78%), a mere difference of 1,103 votes.
On Wednesday, García reported that the margin stood at 0.46%, below Florida's 0.50% threshold for an automatic machine recount. In an official statement, the supervisor explained that provisional ballots and mail-in votes with signature discrepancies were still under review.
The election board is scheduled to meet again on Friday, November 6, while a potential recount ordered by the Florida Secretary of State would not commence before Saturday, November 7.
The initial margin between the candidates had already narrowed from approximately 1,325 votes reported on election night. Salazar, a Cuban-American Republican congresswoman, aims to retain her seat since 2021, while Rodríguez, a former journalist and son of Cuban immigrants, seeks to enter the House of Representatives for the first time.
There has been no public confirmation of García's response to this latest claim or a decision regarding her potential removal.
Key Questions About the Florida District 27 Election Dispute
What is the main concern about Alina García's involvement in the election count?
The primary concern is García's alleged premature declaration of María Elvira Salazar's victory and a potential conflict of interest due to a familial connection with a lawyer representing Salazar.
What does Florida's election law say about disqualifying an election supervisor?
Florida law allows for a substitute to be appointed if an election supervisor is disqualified, with the County Commission Chair selecting a member to serve as the substitute while the supervisor retains advisory functions.
How close was the election race between Salazar and Rodríguez?
The race was extremely close, with Salazar securing 50.22% of the votes and Rodríguez 49.78%, a difference of just 1,103 votes.