Rep. Allen West (R-FL) is seeking an emergency hearing after his challenger, Democrat Patrick Murphy, declared victory in Florida’s 18th congressional district race on Sunday. Murphy declared victory after the St. Lucie County canvassing board missed a noon deadline to file its election results.

According to the Palm Beach Post, under Florida law, if the final certified results do not arrive by noon on Sunday, the “unofficial results submitted last Sunday stand.” Those unofficial results have Murphy winning by 0.58%. A spread of less than 0.5%, as the Post notes, would trigger an automatic recount. Tallies showed West would have needed roughly 250 votes to trigger a recount across the district.

Unless West receives an emergency injunction, Murphy will be declared the winner.

Allen West’s campaign told Fox News that “what was a bad situation has gotten worse” and “whether this was done intentionally” or was more negligence on behalf of the supervisor of elections, “it just adds to the suspicion.”

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