Eliott Rodriguez demands Miami-Dade Elections Supervisor recuse herself from District 27 recount
Democratic candidate Eliott Rodriguez's legal team demanded Thursday that Miami-Dade County Supervisor of Elections Alina Garcia recuse herself immediately from overseeing the recount in Florida's 27th Congressional District race, citing comments declaring the incumbent the winner and an alleged family link to the opposing recount attorney.
In a formal legal letter sent to Oren Rosenthal, general counsel for the county elections department, attorney Jason B. Blank argued that Garcia's public statements and potential personal conflicts undermine public trust in the recount's neutrality.
Rodriguez is challenging Republican incumbent Rep. María Elvira Salazar in the razor-close South Florida race.
The Rodriguez campaign pointed directly to comments Garcia reportedly made on election night, as reported by the Miami Herald: "María Elvira is the winner, with or without a recount."
Attorneys for the campaign argued that an election official tasked with maintaining neutrality during canvassing board proceedings cannot prejudge the outcome before ballots are retabulated.
"Voters deserve a fair count. They should not have to wonder whether the official helping oversee it has already decided the outcome," Blank wrote in the formal demand. "A candidate can declare victory. An election official responsible for the canvass should know better. The count should determine the outcome. It should not become an exercise in confirming Ms. Garcia's prediction."
Garcia responded to the recusal demand on a phone call with CBS News Miami, saying, "I will not recuse myself. There is no conflict."
The letter also raised ethical concerns regarding Salazar's recount counsel, noting the campaign received information indicating that Robert Fernandez, the attorney reportedly representing Salazar during the recount, is Garcia's son-in-law.
The campaign requested immediate confirmation regarding the family ties and Fernandez's official role. Blank wrote that if confirmed, the relationship presents a serious conflict of interest that bars Garcia from participating in canvassing decisions affecting a candidate represented by an immediate relative.
When asked over the phone about her son-in-law's involvement with Salazar's counsel, she said: "I don't know, he could be. He does practice election law."
Salazar's response to Rodriguez's allegations, accusing him of being an "election denier"
Salazar forcefully pushed back against the recusal demand and recount rhetoric Thursday night, dismissing her opponent's maneuvers as an attempt to undermine the tally.
"My opponent is behaving like an election denier, attempting to turn this process into a political circus because he does not like the election outcome," Salazar said in a statement posted to X.
"My election-night statement stands: We lead by more than 1,100 votes, an insurmountable margin. Those votes represent real people whose voices deserve respect," she said.
Salazar added that while she supports the state-mandated recount process, election workers must be permitted to execute their duties without political interference.
"I welcome the recount and support allowing the process to run its course in a transparent manner in accordance with Florida law. My opponent should allow the Canvassing Board and election workers to do their jobs and stop trying to undermine public confidence because he does not like the current results," Salazar said.
Rodriguez points to a Florida law for Garcia to recuse herself
The legal team noted that under Section 102.141(1)(b) of the Florida Statutes, state law outlines explicit procedures for substituting another qualified official to the canvassing board when a supervisor of elections faces disqualification or cannot serve.
Before the canvassing board convenes to review the District 27 race, the Rodriguez campaign is demanding:
Written confirmation that Garcia will step down from canvassing board proceedings concerning the contest.
The formal identification of the designated substitute official who will take her place.
Clarification regarding any administrative or advisory roles Garcia intends to maintain during the process.
"This is not about favoring one candidate over another. It is about ensuring that every legally cast vote is counted fairly and that the public can have absolute confidence in the integrity of the process," the Rodriguez campaign said. "With a congressional election hanging in the balance, the standard must be impartiality beyond question."
Why is this race going to a recount?
The election results between Rodriguez and Salazar were separated by less than half a percentage point, which is Florida's threshold for an automatic machine recount.
For a manual recount, the state requires a margin of 0.25 percentage points or less.
Garcia said in a statement on Wednesday that 202 vote-by-mail ballots in District 27 are still undergoing the signature-curing process. Voters have until 5 p.m. Thursday to resolve any signature discrepancies so their ballots can be counted.
If the margin remains below the state's threshold of 0.50, it would trigger an automatic machine recount.
Then the Florida Secretary of State would have to order the recount, which wouldn't start until at least Saturday.