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Ballots that haven't been properly counted that it won't change the outcome given the margin right now. >> that's exactly right. honestly, when you talk to republicans and democrats privately, they are very clear eyed about that prospect. there still needs to be some sort of massive issue with this vote counting process that we have yet to uncover. there's the possibility in a broward county where there was a certain number of under votes and over votes that weren't attributed to the senate race. perhaps that will be uncovered in the recount process. at this point, we need to make it clear, if...

About america's election system. jessica joins us live from florida. the legal battle in florida as we're going through these facts is getting uglier and uglier. >> reporter: well, good evening to you, erin. that's exactly right. there's just lawsuit after lawsuit that we're seeing here in florida. they continue to come in really by the hour. we have a new lawsuit against rick scott that's demanding him to recuse himself from his participation in this whole recount process. we've got another lawsuit that came in recently from the founder of freedom watch and judicial watch that is accusing the...

He's tried to get the florida department of law enforcement to intimidate local supervisors of election. both the florida department of law enforcement, which governor scott oversees, and the government scott appointed florida secretary of state have both said that there is no credible evidence of voter fraud. it's become obvious that mr. scott cannot oversee the process in a fair and impartial way, and he should remove himself from the recount process. people must have confidence in the integrity of the election. it remains the most important goal to make sure that every

Authorized position to be in this role during this recount process. one other point, senator bill nelson has basically been in hiding for the past week. he has not made any public appearances since before the le election. he's not answered a single question from a reporter since this recount began. i was hopeful at this press conference in washington, d.c. that this would be an opportunity to get some answers from him about their legal strategy. is this about 2018, is it about 2020? is it beyond? there's some criticism for governor scott in this vein as well. he's done interviews with largely ...

Credentials of our chief white house reporter jim acosta. and parts of california are looking more like a war zone. 44 people have now died in these wildfires and now hurricane force winds are threatening to make it all worse. we will take you live to california. and all eyes are on florida. senator bill nelson about to hold a news conference as he demands his opponent, governor rick scott, recuse himself from this recount process. both men want that senate seat in florida. deadline is this thursday. live pictures from capitol hill. we'll take you live. you're watching cnn.