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Palm beach county failed to make the recount deadline, period. >> i will explain it to say that i believe strongly that it wasn't -- not a human effort. it was mechanical. we are required to present a report of the secretary of state and that's what i'm going to report. >> reporter: because of that, senator nelson has now filed a new lawsuit late this afternoon against palm beach county and the state. he wants all of palm beach county's ballots, the entirety of it, recounted by hand. this new hand count of these under and overvotes due to the secretary of state by sunday. laura? >> laura: than...

>> two counties had election problems. >> i believe strongly it wasn't not a human effort. it was mechanical. >> officials say a substantial number of ballots were not counted. >> because of that breakdown of the machines senator nelson suing for a hand recount of all ballots in palm beach county. >> bill nelson has to look in the mirror and ask himself if he would like to end his career dragging the entire state of florida through the courts for more time. >> the election disaster in florida just got worse with broward county missing the deadline to turn in their recount total by just two min...

So the originals will be made official and the words tonight of a not so happy staffer, "i worked my off or nothing. the supervisor of elections blames the machines. >> i will explain it to say that i believe strongly it wasn't not a human effort, it was mechanical. so we are required to present a report to the secretary of state and that's exactly what i'm going to report. and speak out because of that breakdown in the machines, senator nelson is suing for a hand recount of all ballots in palm beach county. attorney marc elias with the campaign said this, we have sued palm beach county on the...

Tonight of a staffer "i worked my ass off for nothing." >> i believe strongly it was not a human effort. it was mechanical. we are required to present a report of the secretary of state and that's what i'm going to report. >> because of that, senator nelson has now filed a new lawsuit late this afternoon against palm beach county and the state. he wants all of palm beach county's ballots, the entirety of it, recounted by hand. new hand count of the under and over votes due to the secretary of state by sunday. laura. >> laura: thank you. today's order for recount, more evidence of potential dir...

His presidential ambitions may have just taken quite a hit. >> dana: thank you, jonathan. democrats flipped the house, so what does that mean when it comes to changes to your health care? we'll debate. plus a conservative case for criminal justice reform. senator mike lee joins us to explain. back in florida, legal wrangling and equipment malfunction as the 3:00 p.m. deadline is just about half hour away. >> we're gonna give it our best shot. the reality is that we were very close then our machines went down. it was not for lack of human effort. (chime)