On MSNBC Monday morning, Democratic candidate for Governor Andrew Gillum‘s recount attorney, Barry Richard, suggested the gubernatorial candidate was seriously considering legal action.

Host Hallie Jackson noted that some counties will struggle to meet the 3 p.m. Thursday deadline for completing the recount.

Richard said that, if that happens, “the candidates involved have to decide which way to go.”

“I know that, in the case of Mayor Gillum, he has been reluctant to become involved in litigation,” he said. “But we are receiving an increasing amount of evidence that Florida’s effort to make the (elections) statutes more efficient has been done at the sacrifice of the fundamental right to vote.

“… He is reviewing his options,” Richard added, noting that Gillum has “always had the option” to file a lawsuit.

“Up until now, we have not been actively preparing to file one. But as of this morning,” Richard said, “we had a discussion in which he wants … advice regarding what options he has.

“What Mayor Gillum is concerned about,” he went on, “is whether or not it ultimately would affect his race, that he feels an obligation to ensure votes are counted, not to sit back when we are learning that they’re not being counted for a number of reasons. Not fraud, by the way, but the operation of the statutes.”

Gillum is down by nearly 34,000 votes currently.

“I don’t think he is being motivated right now by whether or not he will turn the election around,” Richard said. Rather, the concern is potential “disenfranchising of voters.”

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