About 300 ballots came in too late in primary

The margin of victory in a special GOP primary for state House District 44 two months ago was 98 votes, but it turns out, three times as many mail-in ballots came in after Election Day and weren’t counted.

The approximately 300 uncounted ballots could have changed the result in the lowturnout Aug. 15 primary, won by Bobby Olszewski over John Newstreet by a count of 2,509 to 2,411.

But Orange County Supervisor of Elections Bill Cowles said there is nothing anyone can do. Florida law is “very clear,” stating ballots must be delivered or dropped off at elections offices by 7 p.m. on Election Day. Voting by mail “is a privilege, not a right,” he said.

Other states allow ballots postmarked before Election Day to arrive afterward and still be counted, but Florida does not. Cowles said there could be confusion among recent Florida arrivals because of the difference in state laws.

Cowles said mail often takes three to five days and many ballots come in too late, though the closeness of this race made this case stand out.

“It’s not something new,” Cowles said. “With countywide elections, there are a number of ballots returned after Election Day that don’t necessarily affect the outcome of contests because there’s larger turnout.”

Voters whose ballots came in too late were notified by his office. Military ballots are allowed an extra 10 days to arrive past Election Day.

Newstreet, who had outspent Olszewski 2-to-1 and had the backing of most of the state Republican and business establishment, said the situation could damage voters’ trust in the process.

“It’s difficult enough to get folks out [to vote],” Newstreet said Monday. “I’m concerned people will lose confidence.”

The 10-day window to contest the race has long passed, he said, and “talking legal options costs you money.”

“The book is closed, and I wish my opponent well,” Newstreet said. “He’s entering a tough job. For me, I’ve moved on.”

Olszewski, who was sworn in as state representative shortly after defeating Eddy Dominguez in the special general election Oct. 10, said Cowles and his office went to “great lengths to inform voters of the timeline of voting.”

“I can only speak for our campaign, in which we had conversations with thousands of mail ballot voters … and encouraged them to turn their ballots in to make sure they had their vote counted,” Olszewski said.

As for the ballots themselves, Cowles said they are sealed and never opened. They will be retained for the 22 months required by Florida law.

Newstreet acknowledged the ballots will probably never be revealed but said he’ll always be curious.

“It would tell a story,” Newstreet said. “I don’t know whether the outcome would have changed. But it’s one for the history books.”