Florida election officials asked federal prosecutors to look into allegations state Democrats sent faulty forms to voters in four counties that could have resulted in mail-in ballots being disqualified, Fox News confirmed Wednesday.
A top attorney in the Department of State wrote a letter to three Florida federal prosecutors asking them to investigate irregularities related to forms in Okaloosa, Santa Rosa, Citrus and Broward counties.
The claims surround date changes on official forms used to fix mail-in ballots, known as cure affidavits. The forms were due by 5 p.m. on Nov. 5 – a day before the election – but records show forms sent out said the ballots could be returned three days later on Nov. 8.
In a letter released Wednesday, Bradley McKay, the department’s interim general counsel, wrote “making or using an altered form is a criminal offense under Florida law.”
“More fundamentally, altering a form in a matter that provides the incorrect date for a voter to cure a defect (or an incorrect method as it relates to provisional ballots) imposes a burden on the voter significant enough to frustrate the voter’s ability to vote.”
Okaloosa County supervisor of elections Paul Lux said she suspected the Florida Democratic Party was sending out altered forms on purpose, according to documents first reported by Politico.
“Please pass the word to the FDP they can’t arbitrarily add their own deadline to your form for VBM cures!” Lux wrote. “This is crazy!!”
Citrus County Electinos Supervisor Susan Gill said in an email exchange she suspected Democrats as well. She claims she called a number received by a voters who had gotten an altered form and that the number was to the Florida Democratic Party.
The date issue is just the latest in a series highlighted in Florida as 67 counties race toward a Thursday 3 p.m. deadline for a recount.
Florida law mandates that any election decided by 0.5 percent or less will trigger a recount.
Three in the Sunshine State fit the bill, with two – the race for U.S. senator and governor – being in the national spotlight.
The undecided races include the state’s Senate race, which pits incumbent Sen. Bill Nelson, a Democrat, against Gov. Rick Scott, a Republican, and the gubernatorial race between Democrat Andrew Gillum and Republican Ron DeSantis.
Fox News’ Doug McKelway and The Associated Press contributed to this report.