A 1,090-vote margin heads into federal court
November 7, 2026 · 6:45 a.m. Eastern
A razor-thin congressional midterm race in South Florida has exploded into federal court, as Democratic challenger Eliott Rodriguez filed suit to disqualify Miami-Dade County Supervisor of Elections Alina Garcia from overseeing an automatic recount against incumbent Republican Rep. María Elvira Salazar.
Following unofficial tabulations in Florida’s 27th Congressional District, Salazar held a razor-thin lead of just over 1,090 votes out of more than 280,000 ballots cast. Because the margin fell well below the 0.5% statutory threshold, Florida election law mandates a countywide machine recount.
However, Rodriguez—a longtime South Florida television journalist making his first bid for Congress—filed a 16-page federal complaint in the U.S. District Court for the Southern District of Florida on Friday. The lawsuit contends that Garcia’s personal, political, and familial ties create an intolerable and unconstitutional conflict of interest under the 14th Amendment’s Due Process Clause.
Family ties and election night declarations
At the center of Rodriguez’s federal complaint is a series of interconnected relationships between the elections chief and Salazar’s legal team.
According to court filings, Garcia’s son-in-law, prominent Florida election attorney Robert Fernandez, is actively serving as lead legal counsel representing Salazar in recount proceedings before the Miami-Dade Canvassing Board. The complaint also highlights that Garcia’s daughter, an associate at Fernandez’s law firm, was physically stationed at the county’s election headquarters during ballot intake and initial machine counts.
Furthermore, the lawsuit points to public statements made by Garcia on election night, when she told reporters and party officials that Salazar had won the seat “with or without a recount.” Rodriguez’s legal counsel argues that such public pronouncements, coupled with campaign photographs of Garcia actively endorsing and celebrating alongside Salazar, demonstrate an objective probability of actual bias.
“An election administrator cannot serve as judge, referee, and family partisan all at once,” Rodriguez said in a statement announcing the filing. “Every voter in District 27 deserves complete confidence that their ballot will be reviewed fairly by an impartial official, free from family or partisan conflicts.”
Garcia defends impartiality and election integrity
Supervisor Garcia, a former Republican state representative who won the county’s newly revived constitutional supervisor post in 2024, forcefully rejected the allegations and stated she has no intention of stepping aside.
“I see zero conflict of interest,” Garcia responded during a Friday press conference at the Miami-Dade Elections Department in Doral. “My son-in-law is a respected private attorney who has represented candidates across the political spectrum for decades. As Supervisor of Elections, I do not count ballots in secret. The canvassing board is open to the public, includes independent county judges, and follows Florida law to the letter.”
Garcia dismissed photos cited in the complaint showing her posing with Salazar at political rallies, stating: “I take photos with anyone who asks me—Republicans, Democrats, independents, and regular voters every day. My oath is to the voters of Miami-Dade County, and this department runs the most transparent elections in the United States.”
Salazar’s campaign legal team echoed Garcia’s defense, describing the lawsuit as a desperate stunt by Democrats attempting to undermine a legitimate outcome.
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