Democratic candidate files lawsuit seeking Miami-Dade elections supervisor’s recusal ahead of District 27 recount
Democrat Eliott Rodriguez’s legal team sued Friday to remove Miami-Dade Supervisor of Elections Alina Garcia from ballot and recount decisions in Florida’s 27th Congressional District, a race that remains undecided.
The lawsuit 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 suit questions Garcia’s impartiality. It cites her political affiliations, a photograph with Salazar, and her son-in-law’s involvement as an attorney representing the congresswoman in the recount.
“The Supervisor’s participation as a voting member in the CD27 ballot and recount determinations presents a serious, objective risk of bias,” the lawsuit states.
The complaint also alleges that Garcia publicly named a winner before a recount and refused to step aside despite her son-in-law’s role.
Garcia rejected the idea that the photograph showed her campaigning for Salazar.
“I take pictures with whoever asks me for a picture,” Garcia told CBS News Miami. She said it was taken during a visit to Washington in May 2025.
“There is a picture that I took with Congresswoman Maria Elvira Salazar when I visited D.C.,” Garcia said.
J.C. Planas, an attorney for Rodriguez, said the concerns reach beyond this race.
“This is something that goes well beyond this election,” Planas said.
Garcia’s son-in-law, attorney Robert Fernandez, said his role doesn’t create a conflict.
“There is no conflict of interest here,” Fernandez said.
Fernandez and his wife, Garcia’s daughter, Alyn Fernandez, were at the Miami-Dade Elections Department as officials reviewed ballots requiring closer scrutiny. Fernandez said the process is open to observers.
“It is completely transparent. There are uniform guidelines to determine voters’ intent,” he said. “Everybody is here to watch it, so watch for yourself and make a determination.”
A separate recount is set for Saturday, Nov. 7, in the race for Doral City Council District 2. Incumbent Maureen Porras leads by 15 votes, and she has a legal team ready to represent her in any dispute.
