Atlantic Beach Commission Seat Is Within 1 to 3 Votes Out of More Than 6,300: How Florida's Recount Rules Apply

JACKSONVILLE, Fla. - One Atlantic Beach City Commission race from the Nov. 3 election was separated by only a few votes out of more than 6,300 cast, and it is the only Duval County race headed for a recount, according to reports quoting the Duval County Supervisor of Elections. Lisa Herrold led Jennifer Lagner in Seat 4 as of Nov. 4, but the lead had changed hands more than once as mail and provisional ballots were counted. Because the margin is so small, Florida law calls for an automatic machine recount, and Supervisor Jerry Holland said it could not begin for at least 10 days after Election Day.

The numbers

Published tallies differed slightly as the count was updated, so the exact margin should be confirmed with the Duval County Supervisor of Elections. Jacksonville Today reported Nov. 4 that Herrold had 3,156 votes and Lagner 3,154, a gap of two. News4JAX reported 3,156 to 3,155 on the same day, and its election results page showed 3,159 to 3,156 at one point. The Beaches Gazette reported 3,156 to 3,155, or one vote out of 6,311 cast.

Each of those margins is well under 0.1 percent of the votes cast, by our calculation from the reported totals. The vote totals were unofficial and could still change as the last ballots were finalized. The seat had no incumbent on the ballot because Commissioner Candace Kelly's term runs through Dec. 14, according to the Beaches Gazette.

How the lead moved

Lagner led by one or two votes on election night, according to the reports. After vote-by-mail ballots were counted, Herrold moved ahead by five, and provisional ballots then narrowed her lead to two, according to Jacksonville Today. The Beaches Gazette said Herrold won two of the four Atlantic Beach precincts, 1306 and 1307, and Lagner won the other two, 1308 and 1312.

Holland told News4JAX that a two-vote difference leaves enough uncounted ballots to matter, saying "There is enough out there with a two-vote difference to make a difference." Military members and overseas civilians have 10 days after Election Day for their mail ballots to arrive and be counted, which is why a recount cannot start sooner, according to Holland. Overseas ballots must have been postmarked by Election Day, according to the Beaches Gazette.

Voters whose mail ballots were rejected, for example because of a missing or mismatched signature, had until 5 p.m. Thursday, Nov. 5, to fix the problem. Candidates receive lists of those voters and may contact them, according to News4JAX. Any ballots cured by that deadline could change the margin again.

How a recount works

The reports describe two thresholds in Florida law. If the final margin is within one-half of 1 percent, an automatic machine recount is triggered once all ballots are finalized. If the margin is within one-quarter of 1 percent, the canvassing board also reviews ballots that the machines rejected for overvotes or undervotes, according to News4JAX and the Beaches Gazette.

Holland said he expected unofficial results by the end of the week of the election and a recount most likely on Monday, Nov. 9, according to the Beaches Gazette. That makes the race the only one in Duval County headed for a recount. By the time you read this, the machine recount may already have been done, so check the Supervisor of Elections website for the latest totals.

Who else won in Atlantic Beach

The mayor's race was not close. Incumbent Curtis Ford won a third term with about 3,850 votes, or 55 percent, to Nancy Staats' roughly 3,100, or 45 percent, according to News4JAX and the Beaches Gazette, whose unofficial counts differed by a handful of votes. Ford carried every precinct, with his share ranging from 53 to 58 percent, the Gazette reported.

The Beaches Gazette also reported that Ford first won the mayor's job by 11 votes after a recount, in an earlier election. Separately, three Beach Community Development District seats show no tabulated votes on News4JAX's results page because of a court order, and the Duval County Supervisor of Elections says special elections for them will be held in the spring. Those district seats are separate from the city races described above.

About the candidates

Herrold is 63 and retired, and her top issues are managing growth while preserving Atlantic Beach's character, long-term financial health, infrastructure and public safety, according to Jacksonville Today. Lagner is 58 and a facilities administrator who has not held public office, and her listed priorities are growth and development, infrastructure and resiliency, and community character. The reports do not say whether either candidate has asked for anything beyond the automatic recount.

What happens next

The Supervisor of Elections will run the machine recount and, if the margin stays within a quarter of 1 percent, a review of overvoted and undervoted ballots by the canvassing board. Once the results are final, they will be certified. Certification dates were not stated in the reports reviewed, so readers should check with the elections office. For the official count, see the Duval County Supervisor of Elections at duvalelections.gov.