A Palm Beach County judge has denied U.S. Rep. Allen Wests request for an injunction to lock down the machines and ballots of votes cast in the District 18 congressional contest in Palm Beach County.
West, who is behind Democrat Patrick Murphy by about 2,500 votes, is seeking a similar injunction against the votes in St. Lucie County.
Circuit Court Judge David Crow agreed with Palm Beach County Supervisor of Elections Susan Buchers argument that the courts shouldnt interfere in the election process.
I think the law is clear that the manner and method of conducting an election, the process of recounting ballots and the process of contesting an election is specifically a legislative function, Crow said.
The Supreme Court of Florida 30 years ago said courts should not get involved in the election process.
However, Crow also noted that there is a manner outlined by law for a candidate to challenge results within 10 days of the vote being certified if misconduct is alleged.
The Legislature again set out specifically, if there is improper conduct by an elected official, here is the manner and method you go about contesting an election and its not for me to decide if there is a better method.
West -- seeking a recount even though the difference required for a recount in the District 18 contest is currently outside the state set margin -- has contended that irregularities in the St. Lucie County elections office have occurred.
Among Wests charges, a backroom recounting of ballots flipped the totals in favor of Murphy.
County supervisors of elections have until noon Saturday to submit their first certified election numbers.
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U.S. Rep. Allen West, pointing to irregularities in St. Lucie County, says state law was violated as he tries today to persuade a judge to impose injunctions requiring a pair of supervisors of elections to impound voting machines and ballots.
Appearing Thursday on the FOX News Radio show Kilmeade and Friends, West said votes were counted behind closed doors in St. Lucie County. In a close election in which the supervisor of elections is a Democrat, he said its important voters know what happened in the contest that went to Democrat Patrick Murphy by nearly 2,500 votes.
We want to make sure there is a fair and open electoral process, he said.
West is challenging the results in St. Lucie and Palm Beach counties. A hearing that had been set for Thursday at the Palm Beach County courthouse is now planned for noon today.
South Florida media report that the hearing was delayed a day after an attorney for Murphys campaign filed paperwork claiming Wests paperwork was incomplete, and the attorney for Palm Beach County Supervisor of Elections Susan Bucher submitted papers claiming judicial intervention in the middle of an election is nothing short of an invitation to chaos."
No injunction has been sought in Martin County, where West is up more than 10,000 votes.
St. Lucie County Supervisor of Elections Gertrude Walker said a recount, if held, would occur Nov. 14.
Supervisors are required to submit their first certified results by noon Saturday. Recount totals must be completed by Thursday.
Reach Jim Turner at jturner@sunshinestatenews.com or at (772) 215-9889.
