Doral council candidate confirmed as eligible to run after bank error

07/25/2014 4:55 PM

07/25/2014 4:56 PM

After issues with a campaign bank account and an opinion from the city attorney, a former Doral councilman was confirmed Friday as a qualifying candidate in this year’s City Council election.

City Clerk Barbara Herrera had requested an opinion from Dan Espino, city attorney, after Cabrera’s bank, Wells Fargo, closed his campaign account Monday due to an error. Cabrera had submitted his paperwork to run against incumbent Bettina Rodríguez-Aguilera for Seat 2 on the City Council.

Qualifying ended Tuesday. He cut new checks Wednesday and brought a letter from the bank explaining their error to the clerk.

On Friday, Espino issued an opinion citing a state law that gives candidate 48 hours after a check bounces to submit a cashier’s check to cover qualifying fees. The city had not deposited Cabrera’s checks when he brought checks from a new account his bank had issued him.

“Based on state law and the preference of Florida courts to construe qualifying for office in favor of the candidate seeking to qualify, I find that Mr. Cabrera will be a qualified candidate for Council Seat 2 once the cashier’s check to cover the costs of qualifying drawn from his second account clear and I recommend that you deposit these checks as soon as possible,” he wrote.

On Friday, Cabrera’s checks were deposited and his name provided to the elections department.

Note: This article provides updated information to an article that will be publish in Sunday’s Neighbors section. Due to deadlines and printing schedules, this information could not be included in that article.

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