DORAL, FLA. (WSVN) - Just a little over 1,000 votes separates María Elvira Salazár and Eliott Rodriguez in their race for the District 27 congressional seat.

A recount is allowed as the vote margin falls within Florida’s 0.50 threshold, according to Supervisor of Elections Alina Garcia.

The machine recount starts Monday, but not without issue.

The recount is set to take place under the shadow of a federal lawsuit filed by Democratic challenger Rodriguez as he claims alleged “suspicious, questionable and potentially unlawful activity involving the processing of ballots in the FL-27 Congressional election.”

The lawsuit points out that Supervisor of Elections Garcia told the Miami Herald on election night that “María Elvira is the winner, with or without a recount.”

Additionally, Garcia’s son-in-law represents Salazar in the recount process, and her daughter works for the same law firm.

Rodriguez has demanded Garcia recuse herself from the recount process.

However, Garcia responded: “There’s no reason why I need to recuse myself, so I’m not going to.”

The Salazár campaign said they believe the process of the upcoming recount is transparent and open.

“There is no legal basis, it is absolutely meritless,” said Salazar’s attorney, Robert Fernández. “There is no conflict of interest, and we’ll be dealing with that in court.”

Rodriguez’s attorney argues otherwise.

“If the relative of a judge walked in to court as one of the attorneys for one of the sides, the judge would immediately recuse themselves,” said attorney J.C. Planas. “In fact, it would probably be sanctionable by the Judicial Qualifying Commission.”

“This isn’t a judicial hearing, and I’m not the one counting the votes,” Garcia responded.

The Rodriguez campaign says it’s not prejudging the reports, but is asking, “If you know something, please come forward. The voters deserve the truth.”

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