In a blow to freshman Republican Allen West, a Florida judge denied his motion to impound ballots and voting machines, citing West's motion as "entirely premature" and that the court had no authority to overrule election procedures which are in place and being followed.

Palm Beach Circuit Judge David Crow said, "The law is clear: The manner and method of conducting an election, the process of recounting ballots, the process of contesting an election is specifically a legislative function. Courts should not get involved in the election process."

Attorneys for the county argued that to grant West's motion would be "an invitation to chaos" and would "throw the entire system in disarray," setting precedent for such action before an election is even certified.

While West's challenger Patrick Murphy claimed victory and began a three day tour thanking supporters, his attorney Gerald Richman said, "I think this is basically — I hate to say it — but a kind of a political stunt. There was nothing here. They had no evidence. They had no basis. There's no basis in law and fact."

West's attorney Shari McCarthy said, "We sought today assurances from the court and, indeed, from the defendants, that all the policies and procedures and the statutes would be adhered to, that we'd follow the law, it would be transparent, it would be done with integrity. We got that. We're thrilled."

McCarthy says the ruling will not be appealed. However that does not mean that upon certification that West could not go to court.