Democratic congressional candidate Nicole Locklin, who ran for Florida's 26th District, has initiated legal action against the Miami-Dade County Supervisor of Elections and its head, Alina García. Locklin filed the lawsuit on Thursday in the Eleventh Judicial Circuit Court, demanding access to electoral documents related to the race she narrowly lost to Republican Mario Díaz-Balart by fewer than 1,800 votes.
The legal filing, submitted electronically at 9:33 p.m. on Wednesday, explicitly states that it is not seeking to have the court declare a winner of the congressional election, investigate electoral interference, compel the creation of records or analyses, or award any damages.
Instead, Locklin is seeking access to public records she requested on November 4 and 7, which she claims have not been fully provided nor scheduled for delivery.
The requested documents include ballot images, electronic voting records from ES&S and Clear Ballot systems, audit logs, all versions of published election night results and their amendments, reports on provisional ballots and mail-in votes, and communications regarding any ballots that were delayed or not received.
Context of the Dispute
Díaz-Balart's slim victory in District 26, totaling 114,578 votes to Locklin's 112,874, represents a margin of 1,704 votes (0.74%), slightly above the 0.5% threshold that would trigger an automatic machine recount in Florida.
Locklin noted that during the election night on November 3, her reported totals appeared to decrease. In a preservation notice dated November 7, she cited two specific discrepancies: Locklin's district total dropped from 115,320 to 112,320 votes, and civicAPI reported her Miami-Dade count fell from 48,822 to 46,629.
The election office's attorney, Oren Rosenthal, attributed the error to data published by Associated Press, suggesting Locklin request AP to preserve its records. AP acknowledged a manual data entry error added approximately 3,000 votes to her total, which was quickly corrected.
Dispute with Miami-Dade's Election Office
Locklin argues that this explanation is insufficient, as the higher total also appeared in public data from Miami-Dade retrieved by independent services, not just in AP's transmission. Her legal representatives, in a November 7 email to Rosenthal, emphasized the need for records to identify "what caused the vote removal and loss of my lead."
The election office partially responded on several occasions. On November 5, it provided a redacted mail-in vote discrepancy report and a provisional ballot report citing cybersecurity exemptions. On November 12, it sent an Excel file listing delivered and undelivered mail-in ballots. However, audit logs, result versions, and incident reports remained outstanding without a delivery estimate at the time of the lawsuit.
Urgent Legal Action
Locklin is requesting an expedited hearing, an order compelling the release of available public documents, a detailed explanation of legal exemptions used to withhold information, the preservation of all records, and, if applicable, compensation for legal fees and costs.
This case unfolds amid scrutiny on García; in the adjacent 27th District, Democrat Eliott Rodríguez's campaign unsuccessfully sought García's removal from recount oversight due to alleged conflicts of interest, a motion dismissed by federal judge David S. Leibowitz on November 9 for lack of evidence.
The certification of results in Miami-Dade is slated for Monday, November 16 at noon, with the final state certification occurring on Tuesday, November 17 before the Electoral Canvassing Commission in Tallahassee, making Locklin's urgent hearing request a race against time.
Frequently Asked Questions About Nicole Locklin's Lawsuit
What is Nicole Locklin seeking in her lawsuit?
Nicole Locklin is seeking access to public records related to the election, including ballot images and audit logs, which she claims have not been fully provided.
What was the margin of Mario Díaz-Balart's victory?
Mario Díaz-Balart won by a margin of 1,704 votes, which is 0.74%, just above the threshold for an automatic recount in Florida.
How did the Miami-Dade Election Office respond to Locklin's requests?
The Miami-Dade Election Office provided partial responses, including reports with redacted information, but key documents like audit logs have yet to be delivered.