MIAMI — A federal judge in Miami on Monday rejected an emergency request to block Miami-Dade Elections Supervisor Alina Garcia from overseeing a recount in the tight congressional race between Republican Rep. María Elvira Salazar and Democrat Eliott Rodriguez, while sharply criticizing the remarks that prompted the lawsuit.

U.S. District Judge David S. Leibowitz ruled that Garcia’s controversial election-night comments and her family connection to Salazar’s lawyer were insufficient to justify removing her from the county canvassing board.

The ruling came shortly before the machine recount was scheduled to begin. Although Leibowitz denied Rodriguez’s request for a preliminary injunction, he questioned Garcia’s declaration that Salazar had won the election “with or without a recount,” describing that portion of her remarks as “ham-fisted” and, at another point, “a really dumb statement to make.”

The comments, originally reported by the Miami Herald, became a central focus of Monday’s hearing as Leibowitz pressed attorneys about the full context of Garcia’s statement and whether it supported allegations that she had prejudged the election. The judge called the Miami Herald “a paper of record in this town since before I was born,” but questioned whether excerpts from a newspaper interview provided sufficient evidence to remove a public official from her election duties.

Rodriguez’s attorney, Juan-Carlos Planas, acknowledged that his legal team had relied on the Herald’s published quotations without obtaining Garcia’s complete statement.

“We have not spoken directly to the reporter to ask for the full statement,” Planas told the judge, explaining that the speed of the litigation had left little time to do so.

Leibowitz noted that Garcia had also acknowledged in her remarks to the Herald that a recount reversal was “possible but not probable,” a qualification he considered important in evaluating her remarks.

The judge said it would be “deeply unfair” to remove a public official based on the most explosive portion of an incomplete quotation.

The decision allowed Garcia to remain on the three-member Miami-Dade Canvassing Board as it began shortly after 10 a.m. recounting ballots in one of the country’s closest congressional races.

Updated figures from the Florida Division of Elections show Salazar leading Rodriguez by 124,528 votes to 123,438, a margin of 1,090 votes, or 50.22% to 49.78%. Florida law requires an automatic machine recount when the margin is half a percentage point or less.

Rodriguez filed the lawsuit Friday, arguing that Garcia’s election-night statements, her alleged political friendship with Salazar and her son-in-law’s representation of the congresswoman created an unacceptable risk of bias in a process that could determine the election’s outcome.

The complaint describes Garcia as a political ally and friend of Salazar and includes a photograph of the two women posing together at the White House in 2025. It also cites Garcia’s public expressions of support for Republican political figures.

Garcia’s son-in-law, the well-known election-law lawyer Robert H. Fernandez, is one of Salazar’s attorneys. Court filings say Fernandez and his wife, Garcia’s daughter, attended a Nov. 6 canvassing board meeting.

Asked by CBS News Miami about Fernandez’s involvement with Salazar’s legal team, Garcia reportedly responded, “I don’t know, he could be. He does practice election law.”

Garcia has rejected calls to step aside, saying, “I will not recuse myself. There is no conflict.”

During the hearing, Leibowitz questioned whether Garcia’s statements or relationships demonstrated that she would make improper decisions about disputed ballots.

Planas argued that the Canvassing Board performs quasi-judicial functions, including determining whether individual ballots should count, and must therefore maintain both actual and perceived impartiality. He said Garcia could be replaced on the board without interfering with her broader responsibilities administering the election.

Oren Rosenthal, general counsel for the Miami-Dade Supervisor of Elections, told the court that Garcia had been responding to a Herald reporter’s question about whether a recount could overcome Salazar’s lead.

Rosenthal said Garcia was explaining that recounts involving similar margins rarely change election results, not declaring that she would disregard ballots or favor a particular candidate.

Leibowitz emphasized that Garcia cannot make canvassing decisions alone. The board includes two county court judges, and any decision requires at least two votes.

Planas acknowledged that safeguard but argued that Garcia could still cast the deciding vote if the judges disagreed.

The judge also questioned the significance of the photograph showing Garcia with Salazar. Planas acknowledged that the photograph alone was not grounds for disqualification.

Leibowitz ultimately concluded that the recount’s safeguards, including public proceedings, judicial participation and observers representing both campaigns, undermined Rodriguez’s claim that Garcia’s continued participation constituted an immediate constitutional violation.

Leonard Collins, representing Salazar, urged the judge to allow Florida’s recount procedures to proceed without federal intervention.

“There is absolutely no suggestion that any regulation, any law has been violated,” Collins said.

Leibowitz ruled that Rodriguez had not met the demanding requirements for a preliminary injunction but emphasized that his decision did not foreclose future challenges if problems arose during the recount.

The judge said Rodriguez could seek relief in state court or return to federal court if new circumstances justified another legal challenge. He said a short written order would follow later Monday.

“I think, at best, what this shows is that concerned candidates and citizens faced with that kind of a frontside statement are right to lay down a marker at the start of a process,” Leibowitz said. “But that doesn’t mean that they’re anywhere close to getting a preliminary injunction.”

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