Nelson campaign sues over Election Day deadline for mail-in ballots
The legal team representing Sen. Bill Nelson wants a court to throw out a law that excludes thousands of mail-in ballots that arrived after the Nov. 6 deadline. Under current Florida law, mail-in ballots sent from outside the United States are counted if received up to ten days after the election, but those sent from within the state or elsewhere in the United States must be received by 7 p.m. Election Day. Nelson’s team wants the overseas rule to be applied to all mail-in ballots. “There is no reason why voters in Miami or Palm Beach or the panhandle or other state in the country shouldn’t have their ballots counted,” Nelson lawyer Marc Elias told reporters in a conference call Monday.
The mail-in ballots could make an important difference in the race, as Republican Gov. Rick Scott leads incumbent Bill Nelson, a Democrat, by 12,552 votes. The state is conducting a machine recount of all ballots. The two campaigns have filed a string of lawsuits in an effort to secure victory. Scott declared himself the winner the night of the Nov. 6 election, but Nelson never conceded. Scott’s lead has since diminished to within a quarter of a percent. Elias is awaiting word on another lawsuit filed by the Nelson campaign challenging the state’s exact match law, which requires the signatures on provisional ballots to match the voter registration signature on file.
A judge has asked both sides to provide additional information and has not yet ruled on the Nelson lawsuit. Elias said nonexperts should not be throwing out ballots because they judge signatures to be mismatched. “We have seen a series of states in recent months have their signature match laws struck down as unconstitutional for this very reason,” Elias said. Elias said the Thursday deadline for the machine ballot recount should be loosened if counties cannot finish in time, as Palm Beach has signaled will be the case. Elias also warned the media against reporting Scott’s claim that election supervisors in Broward and Palm Beach Counties are committing fraud because, among other problems, vote counts lagged past Election Day, and thousands of new votes appeared well after the polls closed.
So far, there has been no evidence of fraud in either county, although there are reports of ballot boxes recovered in a school and a parking garage, and both counties have attempted to block oversight of ballot counting. “Let’s not let those allegations that have no support in fact drive the coverage,” Elias told reporters on the call. “What we have in Florida is an orderly recount, one we are cooperating with, one we think needs to be carried out in a prompt way, one that should not be rushed. We should certainly not let arbitrary deadlines prevent every vote from being counted.” Elias said he endorsed a lawsuit filed by the League of Women Voters and the group Common Cause that would force Scott to recuse himself from any oversight of the recount.
Elections are handled locally but Scott, in his role as governor, had ordered Florida law enforcement officials to look for fraud in Broward and Palm Beach. “At a minimum, the governor has raised the question about whether or not he is engaged in conduct that raises the appearance of impropriety,” Elias said.
https://www.washingtonexaminer.com/news/congress/nelson-campaign-sues-over-election-day-deadline-for-mail-in-ballots