A federal judge in Miami ruled on Monday, November 9, that Miami-Dade County Supervisor of Elections Alina Garcia can stay on the canvassing board overseeing the machine recount in Florida's 27th Congressional District — even as he called her election-night prediction of the result "ham-fisted" and "a really dumb statement to make." U.S. District Judge David S. Leibowitz rejected an emergency request from Democratic challenger Eliott Rodriguez to remove Garcia from the three-member board, and the recount of roughly 250,000 ballots began about an hour later, shortly after 10 a.m., at the county elections headquarters in Doral.
Source: Political Cortadito, Nov. 9, 2026
This is the second chapter of a fight this site has been following since the weekend. Rodriguez sued Garcia in federal court on Friday, November 6, after Garcia told the Miami Herald that Republican incumbent Rep. María Elvira Salazar was "the winner, with or without a recount," adding that a Rodriguez win was "possible, but not probable." Monday's ruling is the first court decision in the case: the lawsuit that was filed on Friday has now been tested in a courtroom, and the judge let the recount proceed under the board as it stands.
The numbers that forced a recount
According to updated Florida Division of Elections figures cited during Monday's proceedings, Salazar had 124,528 votes (50.22 percent) to Rodriguez's 123,438 (49.78 percent) — a margin of about 0.44 percentage points. Florida law orders an automatic machine recount whenever a margin is 0.5 percentage points or less, and the Florida Secretary of State ordered this recount last week. If the machine recount narrows the gap to 0.25 points or less, a manual recount of certain ballots can follow under state law.
Source: The Florida Press, Nov. 9, 2026
What Rodriguez alleged — and what the judge found
Rodriguez's campaign argued, as an allegation, that Garcia had prejudged the election before a single ballot was re-scanned, and pointed to political and family connections: Salazar's recount attorney, Robert Fernandez, is Garcia's son-in-law, according to Local 10 News reporting cited in court coverage. The campaign's filing also alleged "suspicious, questionable and potentially unlawful activity involving the processing of ballots" in the district and asked for detailed records on overseas and military ballots requested, returned and rejected. Garcia maintained that no conflict or disqualifying factor prevented her from carrying out her statutory duties.
Source: The Regional Dispatch, Nov. 9, 2026
Judge Leibowitz agreed the lawsuit raised real concerns, but held that Rodriguez had not met the demanding legal standard for a preliminary injunction removing an elections official mid-recount. He noted that Garcia had corrected herself in the second half of her statement — the "possible, but not probable" part — and, crucially, that Garcia does not decide anything alone: the Miami-Dade canvassing board also includes two county court judges, board decisions require at least two votes, and Garcia cannot unilaterally decide whether a ballot counts for either candidate.
The canvassing board has three members — the supervisor of elections plus two judges — and needs at least two votes for any decision. That structure was central to the ruling: even if Garcia's comments were improper, she holds no solo power over the recount.
Inside the recount in Doral
The machine recount began shortly after 10 a.m. Monday at the Miami-Dade Supervisor of Elections headquarters on Northwest 87th Avenue in Doral, with Garcia seated on the canvassing board as staff re-scanned the district's ballots under state observation rules. Officials said counting roughly 250,000 ballots could run overnight into Tuesday. The hearing itself had been set on an emergency timetable: Leibowitz ordered it late Sunday for 9 a.m. Monday and directed Garcia to file her response by midnight Sunday, leaving one hour between the courtroom decision and the start of the recount.
Source: Particle News / CBS News Miami, Nov. 9, 2026
Why this race matters beyond Miami-Dade
Florida's 27th District, covering parts of Miami-Dade County, is one of the closest U.S. House races of the 2026 midterms, and in a closely divided House every seat affects the balance of power in Washington. Salazar, a former journalist first elected in 2020, is defending the seat against Rodriguez, a well-known former Miami television news anchor — which is why a local canvassing-board fight drew a federal judge, national attention and an emergency Sunday-night filing schedule.
What happens next
Machine recount results in federal races are due to the state by 3 p.m. on Thursday, November 12. If the margin then stands at 0.25 points or less, a manual recount follows; Florida certifies its results on November 17. Leibowitz also made clear Rodriguez can challenge specific problems if they arise during the recount, in state court or by returning to federal court if new circumstances warrant intervention — so Monday's ruling ends the removal bid, not necessarily the legal fight over the district.