Thursday, November 8, 2018

Democratic legal teams kicked into action Thursday in Florida, demanding a recount they insist will ultimately declare Democratic Sen. Bill Nelson the winner.

Mr. Nelson appeared to be the loser following the vote between him and GOP Gov. Rick Scott, but with more than 8 million votes cast, the margin appears to be less than 0.5 of 1 percent, the threshold that would trigger a recount.

In a conference call Thursday, Marc Elias, an election lawyer with the powerhouse Democratic firm of Perkins Coie, spoke of voting issues in traditionally liberal pockets that he claims led to a significant undercount for Mr. Nelson’s total.

“We believe at the end of this process, Sen. Nelson will be declared the winner and will be returned to the Senate,” Mr. Elias said.

The Scott campaign responded that Mr. Elias was launching an effort to steal the election on behalf of Mr. Nelson.

“For Bill Nelson — the task is getting the ’win’ … no matter what,” a statement from Mr. Scott’s camp read. “Let’s be clear: when Elias says ’win,’ he means ’steal.’ “

As Mr. Nelson’s deficit shrinks — Mr. Elias insisted Mr. Scott led by 21,800 votes as the conference call unfolded — it gets closer to the 0.25 of 1 percent that he said will force a hand recount.

Mr. Elias was one of the lead attorneys for former Minnesota Democratic Sen. Al Franken, who flipped his loss there to win the seat, and North Carolina Democratic Gov. Roy Cooper, who initially lost but managed to flip that result, too, in 2016.

Some of what Mr. Elias discussed seemed reminiscent of the 2000 presidential election, in which the Florida results were in turmoil for weeks before former President George W. Bush was declared the winner.

Broward County, for example, figured large in his remarks, and he said there were oddities with the way votes were recorded. He spoke of “undercounts” and “calibration” issues that he claimed hurt Mr. Nelson’s total. In addition, Mr. Elias claimed some ballots cast in Miami by Hispanic or African-American voters were tossed out because of bogus signature issues, and that another 10,000 votes remained untallied in Palm Beach.

While no precise figures on these votes were offered in the conference call, Mr. Elias repeatedly insisted the totals would at some point be enough to put Mr. Nelson over Mr. Scott and return the Democrat to the senate.

Mr. Elias said that in some of these liberal precincts there was an inexplicable tendency for ballots to be heavy on the undercard and not the Senate race. While he acknowledged the Florida governor’s race was a big issue for many in the Sunshine State, he claimed that it was improbable statistically that so many ballots would record a vote in that race or the lieutenant governor’s or attorney general’s race but not the Senate.

If there is a recount — and the secretary of state had not yet ordered one Thursday morning and is unlikely to do before the canvassing boards return their unofficial results by Nov. 10 — it would be overseen by Republican Ken Drezner, who was appointed by Mr. Scott.

That recount will provide Mr. Nelson with enough votes, Mr. Elias predicted, “and Gov. Scott and his billions of dollars aren’t going to able to do anything about that.”

“My predictions come true with a remarkable degree of accuracy,” Mr. Elias said.

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