# Florida Congressional Candidate Files Lawsuit Alleging Bias in Recount Process Democratic candidate Eliott Rodriguez challenges Miami-Dade election official's impartiality amid a razor-thin race. - **Source:** [NBC News – Top Stories](https://www.nbcnews.com) - **Published:** 2026-11-06 - **Topic:** [politics](https://brifing.si/c/politics) - **Original article:** - **On Brifing:** https://brifing.si/s/5b759ca0-87f7-4b02-a839-2ceed605c3bb ## Federal Lawsuit Filed Democratic congressional candidate Eliott Rodriguez filed a federal lawsuit against Miami-Dade Supervisor of Elections Alina García on November 6, 2026. The legal action seeks to bar García from the county canvassing board, which oversees the recount process for the 27th Congressional District, citing concerns regarding her impartiality and potential conflicts. ## Razor-Thin Margin Incumbent Republican Representative Maria Elvira Salazar leads Rodriguez by 1,103 votes, or 0.44 percentage points, as of Thursday evening. Florida law mandates an automatic machine recount when the margin between candidates is less than 0.5 percent. The canvassing board holds the authority to manage this critical electoral procedure for the district. ## Allegations of Conflict The Rodriguez campaign alleges that Robert Fernández, the attorney representing Salazar in the recount, is the son-in-law of Supervisor Alina García. The lawsuit argues this familial relationship creates a significant conflict of interest, demanding immediate confirmation of the connection and requesting that García recuse herself from all oversight of the race. ## Controversial Public Statements The lawsuit cites an election night interview where García stated Salazar was the winner with or without a recount. She further remarked that it was possible but not probable that remaining ballots could flip the results. Critics argue these public comments demonstrate a lack of neutrality required for her official role. ## Supervisor Refuses Recusal Alina García issued a press release asserting her right to perform her elected duties, including serving on the canvassing board. She stated that nothing disqualifies her from these responsibilities and explicitly confirmed she has not recused herself, nor does she intend to step down from her position during the recount process. ## Quasi-Judicial Concerns Juan-Carlos Planas, general counsel for the Miami-Dade Democratic Executive Committee, argues the canvassing board functions as a quasi-judicial body. He contends that García should be held to the same ethical standards as a judge, suggesting that hiring relatives of officials involved in legal disputes sets a dangerous precedent for electoral integrity. ## Historical Recount Context Oren Rosenthal, general counsel for the supervisor of elections, noted he has observed approximately 20 recounts during his tenure. Based on the current margin, he stated it is unlikely the final result will be overturned. These historical observations are frequently cited by officials to manage expectations regarding the outcome of recounts. ## Ballot Curing Process Beyond the recount, the office is processing 202 mail-in ballots in the 27th District that require signature curing. Voters had until 5:00 PM on Thursday, November 5, to resolve these discrepancies. Provisional ballots cast during early voting and on Election Day also remain under review by the board to finalize totals. ## Automatic vs Manual Florida law distinguishes between machine and manual recounts. The current 0.44 percent margin triggers an automatic machine recount. A manual recount is only required if the margin is 0.25 percent or less. The final decision on these procedures rests with the Florida Secretary of State, based on the certified vote totals. ## Future Electoral Implications This legal challenge highlights the intense scrutiny placed on local election officials during narrow contests. As the canvassing board prepares for further sessions, the outcome will determine if Salazar secures a fourth consecutive term or if Rodriguez succeeds in his bid. The case underscores the ongoing tension surrounding transparency in election administration. ## Sources covering this story - [NBC News – Top Stories — Florida Candidate Sues Election Official Over Recount Bias Allegations](https://www.nbcnews.com/politics/2026-election/south-florida-miami-rodriguez-sues-supervisor-elections-garcia-salazar-rcna607841) - [Source — Florida Candidate Sues Election Official Over Recount Bias Allegations](https://www.nbcnews.com/politics/2026-election/south-florida-miami-rodriguez-sues-supervisor-elections-garcia-salazar-rcna607841) - [La Nación — Florida District 27 Election Heads Toward Potential Automatic Recount](https://www.lanacion.com.ar/estados-unidos/florida/que-se-sabe-del-resultado-final-del-distrito-27-de-florida-con-maria-elvira-salazar-con-una-nid05112026/) --- _Summary written by Brifing from the original reporting. Copyright in the original article belongs to its publisher; read the full piece at the link above._