Democrat Eliott Rodriguez’s legal team filed a lawsuit Friday seeking to remove Miami-Dade Supervisor of Elections Alina Garcia from ballot and recount decisions in Florida’s 27th Congressional District. The race remains undecided.
The suit names Garcia and Republican Rep. María Elvira Salazar, who is seeking a fourth term. Salazar led Rodriguez by 1,090 votes in the latest count. A recount is scheduled for 10 a.m. Tuesday, Nov. 10.
The complaint questions Garcia’s impartiality. It cites her political affiliations, a photograph with Salazar, and the role of her son-in-law, attorney Robert Fernandez, who represents the congresswoman in the recount. The suit also alleges that Garcia publicly named a winner before the recount and declined to step aside.
Garcia said the photo was taken during a Washington visit in May 2025. “I take pictures with whoever asks me for a picture,” she told CBS News Miami.
J.C. Planas, an attorney for Rodriguez, said the concerns extend past this contest. Fernandez said his role does not create a conflict and that the process is open to observers. He and his wife, Garcia’s daughter, were at the Miami-Dade Elections Department as officials reviewed ballots that need closer scrutiny.
A separate recount is set for Saturday, Nov. 7, in the Doral City Council District 2 race. Incumbent Maureen Porras leads by 15 votes.
