Marc Elias, an attorney representing Nelson and the Democratic National Committee, filed the lawsuit Monday morning in federal court.
"No Floridian should have their rightful vote denied because of mail/post office delays," Elias said on Twitter. "We are suing to protect these ballots."
According to the lawsuit, nearly 3.5 million Florida voters requested to vote by mail, but as of Thursday — two days after the general election — "a staggering 874,818 of those VBM ballots has not yet been counted as returned."
Miami-Dade County announced today it has finished counting votes for the 2018 election.
But photos obtained by New Times show scores of mail-in ballots sitting inside an Opa-
Several local activists demonstrated outside both the mail facility and at the Miami-Dade County Elections Department to try to draw attention to the ballots. Two sources who spoke with New Times allege hundreds of ballots might still be inside, but it’s still unclear when those ballots may have been mailed in the first place.
Suzy Trutie, a spokesperson for the Elections Department, told New Times her office was aware of the ballots but confirmed nothing else about them. She said that, per state law, any ballots not delivered to the Miami-Dade Elections Department by 7 p.m. Election Day could not be counted toward the 2018 total.
"We do our best to educate voters that, if you’re voting vote-by-mail, then your ballot had to be at the Elections Department by Tuesday, November 6," she said. "Not everybody mailed back in time."
Asked whether the ballots had been sitting inside the Opa-
Ty Russell, a reporter with CBS Miami, tweeted minutes ago that he'd spoken with USPS and that it was not aware of any ballots being mishandled.
After this story was initially published, the USPS confirmed to the Miami Herald that the agency is still investigating the way the ballots were handled. U.S. Rep. Frederica Wilson's office also told the Herald that she spoke to the USPS and that the agency told her the ballots had been postmarked after Election Day and were thus ineligible. State law does, however, provide a ten-day extension for overseas voters and members of the military.
From USPS “we have no information to suggest any ballots were not properly handled and provided to local election officials, per our established process.” Election leaders told me they’ll receive mail in ballots from people who sent them late but they won’t be counted. @CBSMiami https://t.co/YshLhTf1mT— Ty Russell (@TRussellCBS4) November 9, 2018
But sources who spoke with New Times privately worried that ballots might have been sitting in the mailroom for days or weeks before Election Day. Sources expressed frustration that more wasn't done to collect outstanding ballots before the 7 p.m. deadline. One source who claimed to have reported the issues to the Elections Department said that the Opa-
The day after the election, a Twitter user posted a clip purporting to show a USPS worker in Miami explaining what was going on. The woman said ballots were sitting on the floor hours after the delivery deadline had passed.
Alert— (@AnaSatyaLove) November 7, 2018
Following from my previous tweet LISTEN TO THIS!!
My mail lady saying that last night pass 7pm they had still boxes filled with ballots on the floor! Thousands of votes NOT been counted!! @AndrewGillum @funder @shaunking @SenBillNelson @maddow @Lawrence @AC360 pic.twitter.com/O3fZ3nYqyX
Though there is still no direct evidence that the post office failed to deliver valid votes, such an issue has occurred in the past in other cities. Earlier this year, the USPS delivered nearly 2,000 pieces of late first-class mail to the New York City Board of Elections — including 533 valid ballots that should have counted in the November 2017 election, according to the public radio station WNYC.
We are at the Miami Elections Department chasing vote by mail and overseas ballots stuck at a post office processing center in Opa Locka. Election officials told us they were invalidated because they were not at their office by 7pm election day. Absolute insanity. #CountEveryVote pic.twitter.com/F9QfljU5bh— Tomas Kennedy (@tomaskenn) November 9, 2018
The margins in Florida's 2018 midterm races, meanwhile, are razor-thin: Ron DeSantis and Rick Scott currently lead their Democratic opponents, Andrew Gillum and Bill Nelson, by less than one-half percentage point each. Scott seems particularly nervous about a looming recount in his race and has sued the Broward and Palm Beach County Supervisors of Election in what appears to be an attempt to slow or stop the ballot-counting process. Scott, without a shred of evidence, alleges Broward is committing "election fraud" and "stealing" the race for the Democrats, but the Florida Department of Law Enforcement, which answers to Scott, says no formal allegation of fraud has been filed.
The race for agriculture commissioner is also headed to a recount. Progressive Democrat Nikki Fried leads Republican Matt Caldwell by just a few thousand votes.
“Of course I wonder if my ballot is sitting in the Opa-
Having voted by mail in several prior elections, Nielsen says he knew how to check the Miami-Dade elections website to see when his ballot arrived. When he checked on Tuesday afternoon, however, the site informed him that his ballot hadn't been received yet. Nielsen briefly considered driving to his polling place to fill out a provisional ballot but ultimately assured himself it was probably just a matter of the website not being updated.
When he called the elections office the next day, however, a representative told him his ballot wasn’t counted and had never even arrived.
“I was disappointed there wasn’t more concern, like, ‘Oh, well, we better try to go find your ballot,” he says.
On Friday, Nielsen still had no idea what happened to his mail-in ballot.
“There are bigger questions,” he says. “It’s not really about how I feel, but it’s like, where is my ballot?”
Staff writer Jessica Lipscomb contributed to this story.
Update: This story has been amended to reflect that Kirk Nielsen lives west of Coral Gables, not within city limits.