This just in from the Associated Press:

A judge has denied Congressman Allen West's request to impound ballots and voting machines, dealing a blow to his re-election chances. 

Circuit Judge David Crow called the incumbent Republican's motion "entirely premature" and said vote-counting procedures are in place and being followed. 

Democrat Patrick Murphy holds a lead in the race for the District 18 seat and an unofficial tally puts him above the threshold for a recount. 

The ruling was a defeat for West, but his side claimed victory anyway. An attorney for West says the campaign was simply trying to make sure the election is fair and transparent. 

A full unofficial count of votes is due Saturday. An attorney for Murphy called West's legal actions a "political stunt."