Published: Dec 02, 2013 6:09 PM EST
Updated: Dec 02, 2013 6:17 PM EST

FORT MYERS, Fla. - John Sullivan lost to Marni Sawicki by 121 votes, but he's not ready to give up.

A complaint asking for a recount says that although the Supervisor of Elections said there were 15, 923 votes cast, evidence, available to the general public shows a different story, showing 15,813. That's a difference of 110 votes.

The complaint also claims Sawicki's wide margin in the early voting results shows the election office intentionally meant to affect the election and claims at least one polling place "either closed early, or was dark, depriving registered voters from casting their ballots."

The election canvassing board fired back, through its attorney, who "believes there is no merit whatsoever to the complaint and the lawsuit is simply a desperate fishing expedition by a former mayor who won't accept the fact that the citizens voted him out of office."

Marni Sawicki's lawyer also responded saying, "from the point of view of ms. sawicki, we are reviewing the amended complaint and considering the appropriate response."

Sullivan and his lawyer did not return our calls.