Likely recount in PBC statehouse race doesn't stop House speaker from 'designating' winner

This story was updated to add new information.

Democratic state Rep. Katherine Waldron picked up more votes in the still-unfinished counting of ballots in her bid for re-election to the Florida House — but the freshman lawmaker has discovered she’s already considered an ex-Florida lawmaker even if the undeclared contest is likely to trigger a recount.

As of late Wednesday, Waldron trailed Republican rival Anne Gerwig, a former Wellington mayor, by 358 votes out of 91,488.

But when Waldron, tried to log into the state computer network Wednesday, she discovered her password wasn’t working. So she called human resources at the House and was told her employment with the state ended at midnight, per order of Republican Speaker-Designate Daniel Perez, who represents the Miami area.

“They told me, ‘As of midnight, you were canceled,’ ” Waldron said.

Katherine Waldron (left) and Anne Gerwin.
Katherine Waldron (left) and Anne Gerwin.

Perez, through a spokeswoman, said that Waldron was not treated any differently than other defeated incumbents. In two Central Florida House races, Republican state Rep. Caroline Amesty lost to a Democratic rival. And Democratic state Rep. Tom Keen lost his seat, which he initially won in a January special election, to his Republican challenger.

➤Florida general election results

“Terms for state representatives end at 11:59 p.m. on Election Day,” Perez said in a prepared statement provided to The Palm Beach Post. “There is no ‘lame duck’ or incumbent carry over period under the Florida Constitution. The individual who prevails in the general election is presumed to be the winner of the election and the representative-elect pending the final certification of election results.”

Still not official results

Election Day results are still on their way to certification, however. And unlike those two Central Florida races, Waldron's results could trigger a recount.

The Palm Beach County canvassing board met Thursday, Nov. 7, and that evening the Florida Division of Elections ordered a machine recount of votes in the race.

Beyond the usual processing and tabulation, the votes on 495 ballots that were cast provisionally might change results further as well as mail-in ballots with signatures that needed "curing," or confirmation. Also, totals could change further from overseas ballots that arrive by Nov. 15 with a postmark no later than Election Day.

➤Palm Beach County results

Right now, Gerwig’s margin of victory is 0.4% of the total votes cast. If the machine recount finds the margin of victory is 0.25% or less of the total votes cast, a hand recount is triggered to consider undervotes and overvotes.

The vote totals reported increased by 162 votes in Waldron’s favor between Tuesday and Wednesday.

Gerwig says she hasn't received access to the House information technology network, but she did receive a welcome message from Speaker-Designate Perez.

Tying up the loose ends

Even if she loses in the long run, though, being cut off from the state network presents a series of problems, Waldron said.

“To do that without even telling anybody makes no sense — you still have to finish your expense reports, deal with the state-owned furniture,” she said. “How can I do that if I don’t exist?”

The sudden cutoff runs counter to her experience in the corporate world, she said.

“I know how it should work and that is not cutting off someone’s access without the ability to finalize basic housekeeping things that need to be finalized,” she said. “It’s not a good practice.”

A Google alert on Waldron's rival for the seat that represents Wellington, parts of Greenacres and a western portion of Boynton Beach, showed Gerwig’s legislative page was published on the Florida House’s website the day after Election Day.

“My body is not even cold yet,” she joked.


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Anne Geggis is the insurance reporter at The Palm Beach Post, part of the USA TODAY Florida Network. You can reach her at [email protected].Help support our journalism. Subscribe today

This article originally appeared on Palm Beach Post: Recount in statehouse race doesn't stop House chief 'designating' winner