A St. Lucie County, Fla., judge rejected Rep. Allen West's request for a recount of 37,379 early votes Friday. The judge said that he did not have the authority to order a recount.
Democrat Patrick Murphy has a lead of just over 1900 votes, or about 0.6 percent, in the race for Florida's 22nd congressional district, according to the Florida Division of Elections. A margin of 0.5 percent or less would have triggered an automatic recount.
West has refused to concede in the race, while Murphy declared victory in the early hours of Nov. 7.
Murphy's campaign dismissed the recount request. "Once again, Congressman Allen West’s political stunts have been dismissed by the courts. Instead of admitting defeat, Allen West wants to keep counting votes until he gets the outcome he desires. That's not how elections work and that is not how the law works," spokesman Anthony Kusich said in a statement.
West's campaign did not immediately respond to a request for comment.
West, elected to Congress in 2010, is a favorite among the Tea Party for his fiery rhetoric. He drew national attention for claiming that 80 members of the Democratic party were Communists and when he said social security is "a form of slavery."
The Palm Beach Post reports that the county canvassing board will meet at 4 p.m. on Friday to consider a full recount. Murphy's campaign has said that if the board orders a full recount, it will go to court to stop it.
All counties must file final election results with the state of Florida by noon on Sunday.