Miami Beach voter sues to get candidate off ballot for residency rule violation

Miami Beach voter sues to get candidate off ballot for residency rule violation
  • Sumo

Records show Fabian Basabe voted in Bay Harbor Islands last year

Miami Beach Commissioner Mark Samuelian may just coast into his seat for a second term without a challenge. Sure, someone has challenged him. But it seems that person doesn’t meet the residency requirement to run.

Fabian Basabe, a New York socialite and reality TV reject turned real estate investor, provided a sworn statement that he lives at an apartment in Bell Isle on the Venetian Causeway and has lived there for a year, as required by Miami Beach law before one runs for office. Problem with that is that last September, his voter’s registration and his driver’s license were at an address in Bay Harbor Island. And voter history records from the Miami-Dade Elections Department show he voted at that village’s City Hall in November.

He didn’t vote on the ballot questions in the city because, says attorney J.C. Planas, Basabe simply didn’t live there.

There is some question as to whether Basabe lives in that apartment now. The lawsuit claims that he is estranged from his wife and simply visits his son at that address. Miami-Dade property records show the 2 bedroom, 2 bath is owned by his wife, Martina Borgomanero Basabe.

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“Although it is even questionable if he is currently a lawful resident of the City of Miami Beach, based on his voter registration information, his voting history and his driver’s license, Basabe was definitely not a resident of the City of Miami Beach on September 10, 2020, a year before qualifying to run for City Commission,” the lawsuit states.

“As Basabe does not meet the requirements of Section 6.03 of the Miami Beach Charter, he cannot be considered a lawfully qualified candidate for public office in Miami Beach and must be removed from the ballot.”

Planas is also Samuelian’s campaign attorney, but the commissioner said he had nothing to do with the lawsuit — even though the voting history is something that would come up on opposition research. It was filed by an active resident named Jo Manning who also gave Samuelian $100.

“While I am not a party to any lawsuit, I believe it is crucial that our charter is upheld and that concerned residents are assured that candidates on the ballot are legal qualified. In fact, the city relies on the sworn statements of candidates and does not validate residency information,” Samuelian said in a statement.

“I am confident that through our campaign’s direct voter engagement, we will earn the continued trust and votes of our residents to sere another four-year term on the commission. That is my focus through November.”

But it was Planas idea to sue and Samuelian supporters pointed him to Manning. So, it is sort of a campaign thing.

Basabe, who has loaned himself $100,000 for the race according to the latest campaign finance reports, told the Miami Herald that the condo on Belle Isle was his “forever home.”

Problem is, it needs to be his “right now” home.

Complaint file against Fabian Basabe to get him off the Miami Beach ballot by Political Cortadito on Scribd