Democratic U.S. Sen. Bill Nelson is suing the Florida Department of State in an effort to count vote-by-mail ballots that were postmarked before Election Day but not delivered before polls closed.
Nelson's attorney, Marc Elias, filed the lawsuit Monday, saying voters should not be disenfranchised because of mail delivery delays that aren't their fault. Unofficial election results show Nelson trailing Republican Gov. Rick Scott by 0.14 percentage points.
As an example, he cited the Miami-Dade County postal facility that was evacuated because explosive devices sent to prominent Democrats were processed there.
"Florida's 7 p.m. Election Day receipt deadline for vote by mail ballots burdens the right to vote of eligible voters," the suit said.
Elias wants all ballots postmarked before Nov. 6 to be counted if they are received within 10 days of the election.
In response, Scott's Senate campaign said the lawyer for Nelson "seems to be content filing frivolous and laughable lawsuits."
Scott campaign spokesman Chris Hartline called the lawsuit "nothing short of a legal white flag of surrender."
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Also Monday, a South Florida judge presiding over an emergency hearing brought by the Scott campaign regarding ballot security during the recount urged lawyers on both sides to "ramp down the rhetoric."
