A judge has denied Rep. Allen West’s request for a recount in the race for Florida’s 18th Congressional District due to a lack of authority.

A judge today denied U.S. Rep. Allen West‘s request that he order a recount of 37,379 ballots from early voting in St. Lucie County — effectively leaving the decision up to the county’s canvassing board, which meets today at 4 p.m.

Circuit Judge Dan Vaughn said he did not have the authority to order the recount, which West wanted after problems emerged in the counting of early votes on election night.

After West filed his complaint Tuesday in St. Lucie County circuit court, the canvassing board on Thursday scheduled a meeting for this afternoon to consider a full recount of early votes.