[41] On November 12, over a week after the primary, the Broward County canvassing board declared Cherfilus-McCormick the winner after a recount failed to change the vote totals.

[5][45] Holness filed a lawsuit in Broward County Circuit Court on November 29 asking it to overturn the election results, alleging Cherfilus-McCormick to be "ineligible to hold office."

The lawsuit asserts that Cherfilus-McCormick did not file proper financial paperwork and that her support for a universal basic income of $1,000 per month amounted to bribing voters.

"[49] Election lawyer and former state representative Juan-Carlos Planas described the lawsuit as a "Hail Mary pass" and doubted it would be successful.

[51] On December 6, Cherfilus-McCormick's attorneys filed a lengthy brief in response to the lawsuit that disputed its claims, calling it "a desperate attempt to overturn the will of the voters."

In response to the allegation of bribery, the brief points out that promising monetary benefits to voters is common, comparing Cherfilus-McCormick's support for a universal basic income to "a chicken in every pot and a car in every garage," a slogan used by former president Herbert Hoover in his 1928 presidential campaign.

[55][56] Musselwhite attacked Mariner for his prior felony convictions, claiming in a later-deleted Facebook post that voters had a choice between "the correctional officer or the inmate".