Scott files lawsuit over Florida Senate vote as recount odds grow

Scott files lawsuit over Florida Senate vote as recount odds grow
Rick Scott Claims Fraud, Seeks Florida Law Enforcement Probe Of Election Officials
Republican Senate candidate Rick Scott sues South Florida election officials over delays in completing vote count of the midterm election.

Accusing Democrats of conducting a coordinated effort to "steal" elections in a campaign of possibly "rampant fraud," Republican Senate candidate Rick Scott filed explosive lawsuits late Thursday against the top election officials in two heavily Democratic counties, as they continue to report new votes and three major races in the state appear headed for recounts.

As the Senate contest between Scott and Sen. Bill Nelson appeared headed toward a recount, Scott repeatedly accused liberals of trying to steal the election from him in Broward and Palm Beach counties. He called out the supervisors of elections, Democrats Brenda Snipes and Susan Bucher, by name, on the Florida Department of Law Enforcement to investigate the way the counties were counting ballots.

In their lawsuit against Broward County, Scott and the National Republican Senatorial Committeee (NRSC) allege that officials there are hiding critical information about the number of votes cast and counted. And in a parallel suit against Palm Beach County, Scott and the NRSC charge that the election supervisor there illegally used her own judgment to determine voter intent when reviewing damaged or incorrectly filled-out absentee ballots, while refusing to allow impartial witnesses to monitor the process.

Scotts campaign and the National Republican Senatorial Committee also sued Snipes and Bucher separately in state court Thursday. He accused Snipes of violating the states public records laws by not turning over information about ballots Broward County had counted and the ones still outstanding. Scott and Republicans requested an emergency hearing to force her to turn over the information.

"I will not stand idly by while unethical liberals try to steal an election," Scott, who is currently Florida's governor, said at a press conference outside the Governor's Mansion, as he slammed potential "rampant fraud" in the race.

Florida law mandates a machine recount if the margin separating the candidates is less than 0.5 percent of the total votes cast. If the margin is less than 0.25 percent of the votes cast, the law requires a hand recount. Saturday is the deadline for county canvassing boards to file unofficial election results with the Florida secretary of state.

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Scott is running against longtime incumbent Democratic Sen. Bill Nelson. On Thursday, a Nelson spokesperson tersely dismissed Scott's effort: “The goal here is to see that all the votes in Florida are counted and counted accurately. Rick Scott’s action appears to be politically motivated and borne out of desperation.”

Every Floridian should be concerned there may be rampant fraud happening in Palm Beach and Broward counties, he said in a televised statement outside the governors mansion in Tallahassee. The governor offered no specific evidence of fraud, saying only that the counties were the only two in the state where there were irregularities.

The bombshell litigation comes hours after Florida GOP Sen. Marco Rubio, in an extraordinary series of tweets that alleged incompetence if not outright complicity by Florida officials, charged that Democratic lawyers were "descending on" the state in a calculated attempt to "change the results" and "try and steal" several statewide races.

Every day since the election, the left-wing activists in Broward County have been coming up with more and more ballots out of nowhere. We all know what is going on. Every person in Florida knows exactly what is happening. Their goal is to mysteriously keep finding more votes until the election turns out the way they want.

Also late Thursday, President Trump threw another wrench into the evening, announcing on Twitter that "Law Enforcement is looking into another big corruption scandal having to do with Election Fraud in #Broward and Palm Beach." He did not elaborate, but speaking to Fox News' "Hannity," Scott said he had directed a Florida law enforcement agency to probe the matter.

It isnt the first time Snipes has been at the center of controversy. Earlier this year, a federal judge said she illegally destroyed ballots in a 2016 congressional race. Her office has also been sued for leaving a constitutional amendment off ballots. Broward was the last county in the state to post its election results.

"Late Tuesday night, our win was projected to be around 57,000 votes," Scott told reporters. "By Wednesday morning, that lead dropped to 38,000. By Wednesday evening, it was around 30,000. This morning, it was around 21,000. Now, it is 15,000."

We are literally 50+ hours from polls closing. There are still mail and absentee ballots to count all over the country, he said in a Twitter message. Its more important to get it right than get it fast. Let election officials do their jobs. All counts to this point are unofficial and have no legal effect.

Video: Florida Senate Race Headed To Recount

RICK SCOTT BROWARD COUNTY LAWSUIT: Senate Bill Nelson | WFTV

He continued: "On election night, Broward County said there were 634,000 votes cast. At 1 a.m. today, there were 695,700 ballots cast on election day. At 2:30 p.m. today, the number was up to 707,223 ballots cast on Election Day. And we just learned, that the number has increased to 712,840 ballots cast on Election Day. In Palm Beach County, there are 15,000 new votes found since election night.

Rubio was referring to the races for state agriculture commissioner, where Democrat Nikki Fried opened up a tiny lead of 564 votes over Republican Matt Caldwell on Thursday afternoon, and the most expensive race in U.S. Senate history, between Republican Rick Scott and Democrat Bill Nelson. Scott had a lead of 17,344 votes as of Thursday afternoon, within the threshold for a manual recount.

"So, it has been over 48 hours since the polls closed and Broward and Palm Beach Counties are still finding and counting ballots – and the Supervisors – Brenda Snipes and Susan Bucher – cannot seem to say how many ballots still exist or where these ballots came from, or where they have been," Scott said.

Broward election supervisors ongoing violation of Florida law requiring timely reporting isnt just annoying incompetence, Sen. Marco Rubio tweeted, referring to Broward Supervisor of Elections Brenda Snipes. It has opened the door for lawyers to come here & try to steal a seat in the U.S. Senate and Florida Cabinet.

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A mandatory recount now appears imminent not only in Scott's race, but also in the agricultural commissioner contest and Florida's high-profile gubernatorial brawl between Democrat Andrew Gillum and Republican Ron DeSantis, based on new vote totals – even though Gillum has already conceded. Florida law requires a machine recount when candidates are within 0.50 percentage points of each other.

Speaking to "Hannity" Thursday night, Scott said, "We don't know how many votes they're gonna come up with. But it appears they're going to try to come up with as many votes as it takes to win this election. … We're gonna fight this, and we're gonna win."

Video: Senator Bill Nelson says he wants a recount

Earlier in the evening, he was just as direct: "No ragtag group of liberal activists or lawyers from D.C. will be allowed to steal this election from the voters in the state of Florida," he said outside his residence.

Long but IMPORTANT THREAT ON ELECTIONS IN #FLORIDA.#BayCounty was hit by a Cat 4 Hurricane just 4 weeks ago,yet managed to count votes & submit timely results.Yet over 41 hours after polls closed #Broward elections office is still counting votes? #Sayfie 1/6

Scott's first emergency complaint accuses Broward County Supervisor of Elections Brenda Snipes of being "unwilling to disclose records revealing how many electors voted, how many ballots have been canvassed, and how many ballots remain to be canvassed," and charges that the uncertainty "raises substantial concerns about the validity of the election process."

The NRSC specifically allege that Snipes is in violation of the Florida Constitution and the Florida Public Records Act. They demand an emergency hearing, as well as a court order requiring Snipes to turn over information about ballots in Broward County.

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Scott's complaint against Palm Beach County Supervisor of Elections Susan Bucher, meanwhile, alleges first that officials there illegally refused to allow Republicans, or any witnesses, to monitor the county's handling of damaged absentee ballots.

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"Even more alarmingly," Scott additionally claims, Bucher "failed to allow the Palm Beach County Canvassing Board" to determine, as required by law, which damaged or improperly filled-out absentee ballots were valid and how the voters of those ballots had intended to vote. Instead, Scott and the NRSC argue, Bucher and her staff simply used their own judgment when determining voters' intent.

The suit against Bucher demands an injunction requiring Bucher to make and compare duplicate copies of all damaged absentee ballots in the presence of Scott's representatives, and to allow the Palm Beach County Canvassing Board to determine voters' intent when counting those ballots.

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Rubio, in his barrage of broadsides against Snipes earlier in the day, pointed to the "slow drip" of tens of thousands of additional ballots that were reported throughout the day Thursday, most of which were favorable to several Democratic candidates. Rubio said those late disclosures violated Florida election law, which necessitates that mail-in and early voting ballots be counted within 30 minutes of polls closing.

"Bay County was hit by a Cat 4 Hurricane just 4 weeks ago, yet managed to count votes & submit timely results," Rubio wrote. "Yet over 41 hours after polls closed #Broward elections office is still counting votes?"

Under state law, an elector or campaign can challenge the lawfulness of an absentee ballot, but only before the ballot has been opened from its mail-in envelope. By opening the ballot before it got to the three-member Canvassing Board, the Republican Party complained, Snipes office was breaking the law and making any challenge impossible.

"A U.S. Senate seat & a statewide cabinet officer are now potentially in the hands of an elections supervisor with a history of incompetence & of blatant violations of state & federal laws," Rubio wrote, linking to a Miami Herald article describing several scandals that have gripped Broward County’s Elections Department.

#Florida law requires counties report early voting & vote-by-mail within 30 minutes after polls close. 43 hours after polls closed 2 Democrat strongholds #BrowardCounty & #PalmBeachCounty are still counting & refusing to disclose how many ballots they have left to count. #Sayfie pic.twitter.com/ReXCaOzkZP

Earlier this year, a judge found that Snipes had illegally destroyed ballots in a 2016 congressional contest, leading the secretary of state's office to assign election monitors to supervise her.

“I think the problems are blown out of proportion,” Snipes said in October, in an interview with The Miami Herald. “Broward is nitpicked to the bone. Other places have the same problems, different problems. It’s just that they are not spotlighted like we are.”

Now that the Broward County election officials have delayed their reporting of ballots for almost two days after the election, Florida Sen. Marco Rubio has been furiously denouncing them on Twitter, writing that they are trying to steal victories from GOP candidates who won in the state.

"In 2016, Brenda Snipes’ office posted election results half an hour before polls closed – a violation of election law," Scott said. "That same year, her office was sued for leaving amendments off of ballots. In 2014, Brenda Snipes’ fellow Democrats accused her of individual and systemic breakdowns that made it difficult for voters to cast regular ballots. All Floridians should be concerned about that."

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Vote totals in several major races in the state are changing rapidly, on an irregular schedule and sometimes late into the evening. Scott was ahead of Nelson by roughly one-fourth of one percentage point as of Thursday morning, according to The Tampa Bay Times. The paper also said the agriculture commissioner candidates were separated by only 0.06 points. That race flipped in favor of the Democratic candidate on Thursday afternoon.

Broward County reported that significantly more votes were received in the agriculture commissioner contest than the much higher-profile Senate election. An attorney for Nelson's campaign suggested a computer error might explain that anomaly.

In the closely watched gubernatorial race, DeSantis held a narrow 0.52-percentage-point edge over Gillum as of Thursday morning, extremely close to the 0.5 percent threshold needed to trigger a machine recount. Gillum has conceded the race, although his decision is nonbinding.

But by Thursday afternoon, unofficial figures had DeSantis up by just 38,515 votes out of the more than 8 million cast — a lead of just 0.47 percent, low enough to trigger a mandatory recount, according to The Tallahassee Democrat. No recount has yet been announced by Florida's secretary of state, and the first unofficial count is expected to be verified Saturday by Florida's secretary of state.

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"On Tuesday night, the Gillum for Governor campaign operated with the best information available about the number of outstanding ballots left to count," Gillum's campaign said in a statement Thursday evening. "Since that time, it has become clear there are many more uncounted ballots than was originally reported. Our campaign, along with our attorney Barry Richard, is monitoring the situation closely and is ready for any outcome, including a state-mandated recount."

Without providing legally sufficient justification, Rubio said, Democrat-controlled Broward and Palm Beach counties on Wednesday afternoon continued to report new ballots, cutting into Scott's already-thin lead and flipping the state's agriculture commissioner race to Democrats.

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Palm Beach County Supervisor of Elections Susan Bucher told Fox News that Palm Beach is still counting about 2,000 mail-in ballots where voters circled or highlighted (by drawing an arrow pointing at the candidate’s name) their choice, instead of filling in the appropriate bubbles.

Four Broward and Palm Beach county races likely headed for a recount

Bucher told Fox News that elections department staff is going through each of the 2,000 mail-in ballots, and where voter intent is determined, a worker is filling in a new ballot on behalf of the voter. Where voter intent cannot be determined, the ballot is sent to the canvassing board to undergo review.

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Elections officials are also reviewing 1,500 military and overseas ballots which are still being counted. Florida law allows military servicemembers to mail or fax ballots in. A provisional vote report is due in Tallahassee on Saturday by noon.

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"#Broward election supervisors ongoing violation of #Florida law requiring timely reporting isn’t just annoying incompetence," Rubio wrote. "It has opened the door for lawyers to come here & try to steal a seat in the U.S. Senate & Florida Cabinet."

DeSantis and Gillum head to a recount; Rubio blasts Broward election officials

Florida law dictates that if the margin in any race hits 0.25 percent or lower, a manual recount of any ballots set aside from the machine recount will be ordered — reminiscent of the scene in the 2000 presidential election, when the country was gripped by images of poll workers counting votes deciphering hanging chads by hand.


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