Recounts will take place in Florida, ordered by the secretary of state, in the Senate race between Nelson and Rick Scott, as well as for the agriculture commissioner race. A lead of less than 0.25 percent triggers a hand recount of actual ballots.
If the current numbers hold, the margin of victory is small enough to meet the state's requirements for a machine recount.
"This race is over", Scott spokesman Chris Hartline said Wednesday. If the result is the same but above 0.25 points, the count is official. "Let election officials do their job and count the ballots".
In a statement from Nelson's office, the longtime incumbent said Scott had prematurely declared victory in the race, which CNN has not yet called. "During her tenure in this position, she has held several successful elections and under her leadership more than 50,000 local high school and college students have been registered to vote". DeSantis continues to move forward as the presumptive governor. Nelson's team said it's preparing for a recount and will have observers in every one of the state's 67 counties to monitor the process.
Nelson's attorney Marc Elias, who has been involved in a number of recounts around the country, pointed to the on-going count of provisional ballots and ballots that may not have been properly scanned in South Florida.
Elias opened a call with reporters on Friday l by highlighting how the split between Scott and Nelson has shrunk since Election Day and confidently said he believed, after all votes are counted correctly, Nelson would prevail the victor.
The latest vote totals from the state of Florida show three races are now headed for a mandatory recount, with the vote margin in the U.S. Senate race now down to only.18 percent.
"Rick Scott's action appears to be politically motivated and borne out of desperation", McLaughlin added.
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"It has been over 48 hours since the polls closed, and Broward and Palm Beach counties are still finding and counting ballots", Scott said.
Floridians have until 5 p.m. today to make sure any "provisional vote" they might have signed (due to mismatching signatures or IDs) is counted.
The lawsuit, brought by Nelson's campaign and the Democratic Executive Committee of Florida, asks for all votes cast using vote-by-mail or those "determined to involve a signature mismatch, be counted as valid votes". For the record most times election results are not overturned - but this is Florida. Scott's campaign urged Nelson to concede.
Under state law, a recount is required when candidates are within one-half point when all the votes are counted.
Throughout the state, overseas and military voters - a very small pool - still had a few days for their ballots to arrive by mail and be counted.
"By releasing information for those who completed a provisional ballot, it may be possible to determine how that individual cast their ballot in specific contests, thereby violating both Florida Statutes and the Florida Constitution with their right to cast a secret ballot", he said.
"I will not stand idly by as unethical liberals try to steal this election from the great people of Florida", Scott said. Over votes are ballots in which scanners detected that voters marked more than one choice for Senate.
"We're doing this not just because it's automatic, but we're doing it to win", Elias said in a statement to the Times.