Judge Dismisses Suit Trying To Remove Rivera
MIAMI (CBS4) - A Miami-Dade County judge has dismissed a case that sought to remove Florida Republican congressional candidate David Rivera from Tuesday's general election, according to CBS4 news partner the Miami Herald.
Last week, attorney Roland Sanchez-Medina Jr. filed suit in Miami-Dade County court alleging Rivera lied about his finances by hiding income and falsifying documents which violates Florida law.
Rivera denies the accusations.
The complaint, filed by Sanchez-Medina Jr., claimed from 2003 to 2009 Rivera stated on forms filed with the state's Commission on Ethics that he received a "major source" of income from the U.S. Agency for International Development ("USAID"), a federal agency that offers aid to developing countries.
On the forms Rivera stated that he worked for USAID through Interamerican Government Relations, a Puerto Rican corporation, and Millenium Marketing, a separate business entity, performing "international development consulting." However, USAID had no record of Mr. Rivera ever working for the agency.
When Rivera submitted all new financial disclosure forms, his financial information was missing.
"To substitute a false disclosure with a non-disclosure is not an adequate compliance with the constitution." said Richard Klugh, co-counsel with Sanchez-Medina.
Florida law states that a candidate for public office may be removed from the ballot for misrepresenting information on financial disclosure forms.
If the documents were false, the judge could pull Rivera out of the election.
Rivera believes the suit has no merit. In response, the Rivera campaign pointed out that the law firm that filed it was connected to Joe Garcia who is also running for Florida's 25th District congressional seat.
According to Rivera's campaign, Garcia worked for Roland Sanchez-Medina's firm and Sanchez-Medina gave him $2,500 in 2008, as well as serving as his campaign treasurer.
In a statement from the Rivera campaign, they stated: "This latest publicity stunt to knock David Rivera off the ballot, just shows that Garcia is a typical Washington-insider who thinks he should get his way- even if it means circumventing the democratic process and suing his way into office."
Rivera's camp also provided pay stubs showing the attorney filing the suit at one time worked on Garcia's campaign staff.
Garcia's campaign released this statement: "David Rivera has been caught in yet another lie. Voters deserve to know how he makes his money, who his employers are and why he lied to the Miami Herald and the Florida Ethics Commission."
If Rivera is pulled from the election by a judge, votes for him would simply not count.
Voters in the 25th District, which spans most of Florida's southern tip including the Everglades, have long been majority Cuban-American, white and Republican. But Democrats have worked heavily to register voters there, and the number of independents has grown, as have the district's black, Central and South American communities.
The seat came open unexpectedly when U.S. Rep. Mario Diaz-Balart announced plans to run this year in a neighboring and safer Republican district vacated by the retirement of his older brother, Rep. Lincoln Diaz-Balart.