Scott Sues Hillsborough Elections Supervisor On Recount Issue

BRANDON, FL -- The Hillsborough County Supervisor of Elections is the latest target of Gov. Rick Scott's barrage of lawsuits surrounding the midterm election recount.

Scott filed a suit against Supervisor of Elections Craig Latimer Tuesday night accusing Latimer keeping the recount observers at a distance.

Instead of permitting the observers in the room where the recounts are taking place, Scott said they are kept at bay in an adjacent room and must watch the process through a window.

Scott said that's a violation of state law, which requires observers to be permitted in the room where the recount is taking place.

"Despite the clear language of Rule 1S-2.031, defendants are refusing to allow any representatives of candidates or political parties into the recount room," reads the lawsuit. "...the representatives of candidates or political parties are being required to remain in a separate room, separated by glass and without the ability to hear what is transpiring in the recount room."

Latimer said that's not how the attorney representing his office interprets the law.

Latimer said observers can easily monitor the high-speed ballot scanners in the adjacent viewing room, a designated observation area set up specifically for this purpose.

“They are able to see the transport of all the ballots coming in and out,” Latimer said. “They can sit there and watch the operators scanning the ballots and if they are watching closely they can see it’s a very smooth process."

Several other Tampa Bay counties have a similar set-up with a window to ensure the sanctity of the recount process, he said.

“Our attorney has advised us that she’s read the statute and the rules and there is nowhere in it that authorizes a representative from a candidate or party to be inside the tabulation room while performing the recount,” Latimer said. "Plus, it's pretty tight quarters inside there. We've got additional machines in there and we have a lot of people in there."

Nevertheless, on Wednesday morning, Judge Cheryl Thomas ruled in Scott's favor, compelling Latimer to allow observers access to the room with the ballot machines. Some chose to do so. Others remained in their seats on the other side of the glass.

The Hillsborough office hit another snag today when one of its recounting machines lost power, forcing the staff to rescan about 10,000 ballots on another machine.

Nevertheless, Latimer is hopeful that the staff at the Robert L. Gilder Elections Service Center at 2514 N. Falkenburg Road, Tampa, will complete the machine recount by the state-mandated deadline.

The Secretary of State ordered all 67 counties to conduct the machine recounts for the U.S. Senate, governor, Commissioner of Agriculture and State Senate District 18 races because the voter margins in those races was .05 percent or less.

The elections departments must recount 8.2 million ballots by 3 p.m. Thursday. Any contests still within a quarter of a percentage point will then undergo a hand recount.That process would begin Friday at 9 a.m.

The Pasco County Supervisor of Elections and Pinellas County Supervisor of Elections offices finished their machine recounts on Tuesday just before 4 p.m., well ahead of schedule. Polk County finished its recount around noon on Wednesday.

Manatee County wasn't as fortunate.

Supervisor of Elections Michael Bennett said more than 33,000 early voting ballots had been processed when his office realized the machine wasn't reading "undervotes," when no vote is cast for a single-choice election.

"We set all the machines to zero and started all over," he said.

While the recounts were taking place, Scott announced Wednesday that he has recused himself from certifying elections results on the Elections Canvassing Commission when all of the recounts are completed.

Democrats called for Scott to remove himself from the commission, saying he was biased because his election as a U.S. Senator was one of the three races in question.

Scott said he never had any intention of sitting on the commission..

"I recused myself from certifying results on the Elections Canvassing Commission in 2014, and I will do so again this year," he tweeted. "This is nothing new. Bill Nelson is confused and doesn't even know how Florida works -- I have no role in supervising/overseeing the ongoing recount process."

Scott spent the day in Washington, D.C., where he participated in a photo session with newly elected U.S. senators although he has not been declared the winner.

I recused myself from certifying results on the Elections Canvassing Commission in 2014, and I will do so again this year. This is nothing new. Bill Nelson is confused and doesn’t even know how Florida works- I have no role in supervising/ overseeing the ongoing recount process.
— Rick Scott (@ScottforFlorida) November 14, 2018

See related stories:

Machine Recounts Underway At Tampa Bay Elections Offices

Florida 2018 Election: Recounts, Mishaps And 'Broward Effect'

Election 2018 Results; Florida Senate Race Headed For Recount

Gillum Campaign Watches Possible Florida Recount Closely

Patch Analysis Reveals 38,593 Undervotes In Florida

U.S. Sen. Nelson Waits For Recount; Gov. Scott Wants To Move On

2018 Election Results: Scott Wins Senate By Less Than 1 Percent

Gov. Scott Orders Probe Into Elections Fraud In 2 Counties

Image via Rick Scott Twitter

Image via Polk Supervisor of Elections

The Polk County Supervisor of Elections Office is among several elections offices in Tampa Bay that have a separating viewing area for recount observers.

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