Published: Nov 15, 2013 6:26 PM EST
Updated: Nov 15, 2013 6:31 PM EST

LEE COUNTY, Fla. - Allegations of misconduct and illegal votes. New documents obtained by WINK News detail Cape Coral Mayor John Sullivan's fight for an election re-count. 

Supervisor of Elections Sharon Harrington is listed as a defendant in the case and she's waiting, just like everyone else listed, to see what a judge has to say about it.

The complaint states that Marni Sawicki won because of "inconsistencies and irregularities."

It lists Sawicki as one of the defendants in the case, along with three members of the Election Canvassing Board: councilwoman Rana Erbrick, a city clerk, and Sharon Harrington.

"Of course if somebody had a problem, with our equipment, our elections officials poll workers, any of that, then we need to know. But there were no reports that day of any major problems," Harrington said. 

The documents allege misconduct of election officials. They claim there were a number of ""illegal votes"" or "rejection of enough legal votes" to change, or place in doubt the results of the election and voting system defects. 

WINK News caught up with Mayor John Sullivan at city hall, where he had this to say about the lawsuit. "No comment. I can't do this because it's litigation and i'm not going to say anything that's going to cloud possibly, or potentially cloud the judges decision," Sullivan said. 

Harrington says if a judge orders a re-count, that process could take a day or a day and a half depending on if a judge wants a hand re-count, or a machine one. 

Regardless of this lawsuit, on Monday, city council will vote to certify the results of the general election, which means swearing in new mayor Marni Sawicki  and council members.