Complaint File Against Fabian Basabe To Get Him Off The Miami Beach Ballot

Filing # 134611528 E-Filed 09/14/2021 10:47:17 PM
IN THE CIRCUIT COURT OF THE

11TH JUDICIAL CIRCUIT IN AND
FOR MIAMI-DADE COUNTY,
FLORIDA
JOSEPHINE “JO” MANNING
CASE NO.: 2021_________________
Plaintiff,
vs.
FABIAN BASABE, CHRISTINA

WHITE, in her official capacity as
the Supervisor of Elections in
Miami Beach- Dade County,
RAFAEL GRANADO, in his official
capacity as CLERK OF THE CITY
OF MIAMI BEACH.,
Defendants.
___________________________/
EMERGENCY COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

(Temporary Injunction Requested)
The Plaintiff, JOSEPHINE “JO” MANNING (MANNING), sues the
Defendants FABIAN BASABE (BASABE), CHRISTINA WHITE (WHITE) in her
official capacity as the Supervisor of Elections in Miami Beach-Dade County,
RAFAEL GRANADO (GRANADO), in his official capacity as Clerk of the City of
Miami Beach, and alleges as follows:
JURISDICTION AND PARTIES
1. This action is initiated pursuant to § 86.021, Florida Statutes (F.S.) and
pursuant to the General Equity Jurisdiction of the Court as established in F.S.
§26.012, asking this court to declare that, BASABE, who has unlawfully
attempted to qualify to run as a candidate for City of Miami Beach
Commissioner, Group II, has violated § 6.03 of the City of Miami Beach Charter
1
which required him to reside in the City of Miami Beach for a period of one year
before he qualified to run for Commissioner.
2. The Plaintiff, MANNING, also seeks Injunctive relief to direct the
Defendants, WHITE AND GRANADO to remove BASABE from the list of qualified
Candidates for the November 2, 20221 Election for City of Miami Beach
Commissioner, Group II and prevent BASABE’S name from appearing on the
ballot.
3. Because this action involves an election that will take place solely in the
City of Miami Beach, which is contained solely within Miami-Dade County,
Florida, venue is proper in the 11th Circuit Court in and for Miami-Dade County,
Florida.
4. The Plaintiff, MANNING, is a lawful resident of the City of Miami Beach,
Florida who is registered to vote in the November 2, 2021, General Election and
is in need of a declaration of this Court that BASABE is not eligible to qualify to
run as a Miami Beach City Commissioner because he has failed to lawfully reside
in the City for a year prior to attempting to qualify to run for office. [See Exhibit
“A”, Voter information of Josephine Manning].
5. The Defendant, BASABE, is a candidate in the upcoming election for City
of Miami Beach Commission, Group II who has not properly resided in the City
for the required time in order to lawfully qualify to run for Commission. [See
Exhibit “B”, qualifying papers of Fabian Basabe].
6. The Defendant, WHITE, is the Supervisor of Elections for Miami-Dade
County, Florida and is sued in her official capacity as the officer charged with
2
conducting all elections within Miami-Dade County, Florida and has been hired
through intergovernmental agreements to conduct the municipal elections in
Miami Beach and is thus an indispensable party to this action because of the
relief requested.
7. The Defendant, GRANADO, is the Clerk for the City of Miami Beach and is
sued in his official capacity as the officer charged with qualifying all candidates
and conducting all elections within the City of Miami Beach where City
Commission, Group II is located and thus is an indispensable party to this action
because of the relief requested.
FACTS
8. Section 6.03 of the Miami Beach City Charter states in relevant part: “The
City Commission shall cause to be placed on the ballot to be used in the general
election the name of any qualified elector of the City residing within the City at
least one year prior qualifying……….. All candidates qualifying for office shall
have taken, signed and subscribed to an oath or affirmation in writing in which
he/she shall state (1) the title of the office for which he/she is a candidate; (2)
that he/she is a qualified elector of the City of Miami Beach, Florida, and has
resided in the City at least one year prior to qualifying; (3) his/her legal residence,
by street and number; (4) that he/she is qualified under the ordinances
(including Miami Beach City Code Chapter 38 governing "Elections") and Charter
of the City of Miami Beach, Florida, to hold the office for which he/she is a
candidate.”
3
9. On September 10, 2021, the Defendant, FABIAN BASABE presented
paperwork to the City Clerk in Miami Beach Florida in order to file and qualify
to run as a candidate for City Commission in Group II. In that paperwork,
BASABE listed his address as 9 Island Avenue, Unit 2105 in Miami Beach. [See
Exhibit “B”]
10. According to the Miami Beach City Charter, in order to qualify to run as a
Miami Beach Commission on September 10, 2021, that candidate needed to have
been a resident of the City of Miami Beach on September 10, 2020.
11. As part of the paperwork BASABE presented to the Miami Beach City Clerk
in order to qualify to run for Miami Beach Commission, he submitted a
Candidate Oath swearing under oath that he had been a resident of the City of
Miami Beach for a period of one year or more before qualifying to run in the
election, essentially residing in the City as of September 10, 2020. [See Exhibit
"C"]
12. BASABE was, in fact, NOT a resident of the City of Miami Beach on
September 10, 2020.
13. On September 10, 2020, BASABE owned no property on Miami Beach and
had no apparent lease of any property on Miami Beach.
14. On September 10, 2020, BASABE was registered to vote at a house located
at 10201 E Broadview Drive, Bay Harbor Island, Florida 33154. [See Composite
Exhibit “D”, Voter data of Fabian Basabe II].
15. On September 10, 2020, BASABE had a driver’s license with an address
located at 10201 E Broadview Drive, Bay Harbor Island, Florida 33154.
4
16. On September 10, 2020, BASABE had no ties to Miami Beach and still
appeared to be a resident of Bay Harbor Islands, Florida.
17. On November 3, 2020, almost two months after he was required to be a
resident of Miami Beach, BASABE voted in the November Election at precinct
007, located at Bay Harbor Islands Town Hall. During that election, the City
Miami Beach had several referenda on the ballot, none of which BASABE voted
on because he was NOT a resident of Miami Beach. [See Exhibit “E”,
Correspondence from Miami-Dade Elections].
18. The address listed by BASABE on his qualifying papers is owned entirely
by his estranged wife. On information and belief, BASABE does not even
currently reside at that address and only occasionally visits that apartment as a
guest to visit his son.
COUNT I - DECLARATORY RELIEF
19. Plaintiff, MANNING, reaffirms and realleges paragraphs numbered 1
through 18 as set forth above.
20. Section 6.03 of the City of Miami Beach Charter required BASABE to
legally reside in the City of Miami Beach for a year before he attempted to qualify
to run for office.
21. Courts have described legal residency in election cases as a “concurrence
of both fact and intention.” In other words, one needs to declare their residence
in a particular place and then simultaneously carry out actions to lawfully
establish their residency in that location. See Perez v. Marti, 770 So.2d 284 (Fla
1st DCA, 2000)
5
22. On September 10, 2020, a year before he attempted to qualify to run for
office, BASABE was registered to vote in a house in Bay Harbor Islands and listed
that same residence on his driver’s license as well. More important, in the
November 2020 election, BASABE voted at his precinct in the Bay Harbor Island
City Hall.
23. 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.
24. 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 as a candidate.
25. As a qualified elector in the City of Miami Beach, MANNING has standing
and the duty to request this Court to declare that BASABE fails to meet the
eligibility requirements set forth by the City Charter to qualify to run for office
and declare his candidacy to be void as it is prohibited by the City of Miami
Beach Charter.
26. The Defendants WHITE and GRANADO are joined in this action as a
necessary and indispensable parties for the purposes of relief sought. In the
absence of a judicial declaration and order directing Defendant WHITE AND
GRANADO, to remove BASABE from the list of qualified Candidates for City of
Miami Beach Commission, Group II, the Plaintiff and other electors in the City
6
of Miami Beach will be denied their right to a fair and uniform election and will
be irreparably injured as voters will be mistakenly voting for an individual who
has not been a resident of the City of Miami Beach for a year prior to qualifying
for office and is thus not eligible or qualified to run for City Commissioner.
27. MANNING is without an adequate remedy at law. The Plaintiff, in the
absence of a declaration by this Court accompanied by supplemental injunctive
relief determining that the Defendant BASABE is prevented by the Miami Beach
Charter from running for office and directing the Defendant WHITE and
GRANADO to remove his name from the list of qualified candidates for City
Commission, Group II and prevent him from appearing on the ballot for the
November 2, 2021 election, the Plaintiff and the electors in the City of Miami
Beach will not only be deprived of the right to a legal, proper and effective vote
but will also be denied the effective enforcement of the law requiring candidates
for City office to be residents of the City for at least a year prior to qualifying for
office and thereby will be irreparably injured.
WHEREFORE, this Honorable Court is respectfully requested to assert
and assume jurisdiction and enter judgment declaring that BASABE was
NOT a resident of Miami Beach, Florida on September 10, 2020 and thus
fails to meet the requirements set forth by Section 6.03 of the City Charter
requiring him to be a resident of the City for one year prior to qualifying
in order to run for City Commissioner in Miami Beach and ordering that
the Defendants, WHITE and GRANADO declare BASABE’S candidacy
void.
7
COUNT II- INJUNCTIVE RELIEF
28. Plaintiff, MANNING reaffirms and realleges paragraphs numbered 1
through 18 as set forth above.
29. MANNING seeks temporary and permanent injunctive relief from this
Court, enjoining BASABE from running for City Commissioner ordering
Defendants WHITE and GRANADO to remove BASABE from the list of qualified
Candidates for City Commission, Group II.
30. MANNING meets the standard to seek injunctive relief.
31. "The issuance of a preliminary injunction is an extraordinary remedy
which should be granted sparingly, which must be based upon a showing of the
following criteria: (1) The likelihood of irreparable harm; (2) the unavailability of
an adequate remedy at law; (3) substantial likelihood of success on the merits;
and (4) considerations of the public interest." City of Jacksonville v. Naegele
Outdoor Advertising Co., 634 So.2d 750 (Fla. 1st DCA,1994)
32. Should BASABE not be enjoined from running for City Commissioner,
Group II when he clearly does NOT meet the eligibility requirements set by the
City Charter to qualify to run for City Commission, the Plaintiff and the other
qualified electors in the City of Miami Beach will be damaged and irreparably
harmed by a candidacy of someone who has violated the City of Miami Beach
Charter.
33. BASABE has violated his oath of candidacy and is thus attempting to
secure votes from electors in Miami Beach when he has not resided there for a
period of a year or more prior to qualifying and is thus materially misconstruing
8
his oath to unsuspecting voters. Without an injunction removing BASABE from
the ballot, the Plaintiff and the voters in Miami Beach have no other adequate
remedy at law and will suffer damages.
34. Plaintiff, MANNING, has a substantial likelihood of success on the merits
as the information is clear that BASABE was NOT a resident of Miami Beach on
September 10, 2020, a year before he attempted to qualify to run for City
Commission. BASABE met none of the criteria required by the law as set forth
in Perez in order to have been considered a resident of Miami Beach. He was not
registered to vote in Miami Beach and his driver’s license and other
documentation did not have a Miami Beach address at that time. As he even
voted in the November 2020 election in his home precinct in Bay Harbor Islands,
it would be unlawful for BASABE to claim residence on Miami Beach at that time
as he would be admitting to an illegal act of voting at an address where he did
not live.
35. The issuance of an injunction will also protect the public interest by
ensuring that only candidates that meet the requirement of residing in the City
of Miami Beach for a year prior to qualifying to run, as set forth in the City
Charter, are allowed to run for City Commission. The City Charter is the
supreme governing document in Miami Beach, adopted by its residents. The
provisions in the Charter for those seeking elected office are sacrosanct and
those not meeting the eligibility requirements, violate the trust of the voters when
they unlawfully attempt to circumvent the rules established in the Charter.
9
WHEREFORE, this Honorable Court is respectfully requested to assert
and assume jurisdiction and enter judgment enjoining BASABE from
running as a Candidate for City Commission and ordering the Defendants
WHITE AND GRANADO to remove the name of the Defendant BASABE from
the list of qualified candidates for City of Miami Beach Commission, Group
II, prevent BASABE’S name from appearing on the ballot for the November
2, 2021 General Election in Miami Beach as well as granting such other
relief as would be just and equitable as deemed by this Court.
Respectfully submitted this 14th day of September 2021 by:
Law Firm of Juan-Carlos Planas, P.A.

2332 Galiano Street, 2nd Floor
Coral Gables, FL 33134
(850) 980-6542
By: ___s./_J.C. Planas__________
Juan-Carlos Planas, Esq.
Fla. Bar No.: 156167
Email: jcplanas@planaslawfirm.com
10
EXHIBIT “A”
9/14/2021 State of Florida Voter Lookup | Voter Detail
Please find your voter registration information below.
Full Name:
JOSEPHINE A MANNING
Street Address:
1460 OCEAN DR UNIT 408
City:
MIAMI BEACH
Zip Code:
33139
County Name:
MIAMI-DADE
Voter Identification Number:
109717149
Date Of Registration:
3/31/1997
Party:
Florida Democratic Party
Voter Status:
Active*
*An active voter refers to a registered voter who is eligible to vote.
Access Ballot and Precinct Information available through your county Supervisor of Elections’
(https://dos.myflorida.com/elections/for-voters/check-your-voter-status-and-polling-place/voter-precinct-
lookup/) website.
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EXHIBIT “B”
EXHIBIT “C”
COMPOSITE
EXHIBIT “D”
Christina White
Date 9/10/2021 Supervisor of Elections Miami-Dade County, FL
Time 03:50 PM Voter Audit Report

Voter ID 109656112 Basabe, Fabian
Date Last Record Change Operator Number Audit Field Name Audit NewVal Audit OldVal
4/23/2021 8:46:06AM FVRS/DAD Brnch
4/23/2021 8:45:30AM yenim Numbr 9||APT|2105 10281|||
4/23/2021 8:45:30AM yenim CtyZp 17|33139 3|33154
4/23/2021 8:45:30AM yenim TelArCd 917
4/23/2021 8:45:30AM yenim Stret |Island|Ave| E|Bay Harbor|Dr|
4/23/2021 8:45:30AM yenim Email S Y N
4/23/2021 8:45:30AM yenim ActyDt 4/23/2021 8:45:30 AM 11/3/2020 12:00:00 AM
4/23/2021 8:45:30AM yenim Usps 51 6
4/23/2021 8:45:30AM yenim RePrc 030.0 007.0
4/23/2021 8:45:30AM yenim pubEmai fabianbasabe2@aol.com
4/23/2021 8:45:30AM yenim BPlce US
4/23/2021 8:45:30AM yenim SocSc ___-__-
4/23/2021 8:45:30AM yenim PtyChRq 04/22/2021
4/23/2021 8:45:30AM yenim DrvLc
4/23/2021 8:45:30AM yenim Tel 8863790
4/23/2021 8:45:30AM yenim Race 5 9
4/23/2021 8:45:30AM yenim NStyle II
4/23/2021 8:45:30AM yenim FvrsLCD 04/23/2021 08:51:47:00(RG01) 03/29/2016 17:16:56:00
5/23/2016 11:46:15PM GYURUBI CtyWd 1
3/29/2016 5:16:56PM gyurubi FvrsLCD 03/29/2016 17:16:56:00 04/01/2013 10:42:40:00
3/29/2016 5:16:56PM gyurubi ActyDt 3/15/2016 12:00:00 AM 11/6/2012 12:00:00 AM
3/29/2016 5:16:56PM gyurubi Sttus A I
3/29/2016 5:16:56PM gyurubi Reasn 7 A
3/29/2016 5:16:55PM gyurubi FvrsLCD 03/29/2016 17:16:56:00(BU02) 04/01/2013 10:42:40:00
4/1/2013 10:42:41AM GYURUBI FvrsLCD 04/01/2013 10:42:40:00 03/23/2013 11:12:54:00
4/1/2013 10:42:41AM GYURUBI Reasn A 7
4/1/2013 10:42:41AM GYURUBI Sttus I A
4/1/2013 10:42:41AM GYURUBI FvrsLCD 04/01/2013 10:42:40:00(BU04) 03/23/2013 11:12:54:00
3/23/2013 11:12:55AM GYURUBI Reasn 7 A
3/23/2013 11:12:55AM GYURUBI Sttus A I
3/2/2013 3:15:31PM GYURUBI FvrsLCD 03/02/2013 15:15:30:00 03/01/2013 11:41:31:00
3/2/2013 3:15:31PM GYURUBI Reasn A 7
3/2/2013 3:15:31PM GYURUBI Sttus I A
3/2/2013 3:15:31PM GYURUBI FvrsLCD 03/02/2013 15:15:30:00(BU04) 03/01/2013 11:41:31:00
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Christina White

3/1/2013 11:41:32AM GYURUBI Reasn 7 A
3/1/2013 11:41:32AM GYURUBI Sttus A I
2/4/2013 3:32:53PM GYURUBI Reasn A 7
2/4/2013 3:32:53PM GYURUBI Sttus I A
6/21/2012 11:45:46AM YAMILIA FvrsLCD 06/21/2012 11:45:46:00(RG05) 05/25/2012 15:51:54:00
5/25/2012 3:51:55PM elecfab4 FvrsLCD 05/25/2012 15:51:54:00(BU01) 04/28/2012 02:11:45:00
4/28/2012 2:11:45AM elecfab4 FvrsLCD 04/28/2012 02:11:45:00(BU01) 10/20/2011 13:07:22:00
10/20/2011 1:07:22PM elecfab4 FvrsLCD 10/20/2011 13:07:22:00(BU01) 07/31/2011 09:30:45:00
7/31/2011 9:30:46AM FVRS FvrsLCD 07/31/2011 09:30:45:00(BU01) 07/31/2011 09:27:10:00
7/31/2011 9:30:45AM FVRS/DAD ActyDt 5/24/2011 12:00:00 AM 11/2/2010 12:00:00 AM
7/31/2011 9:27:11AM elecfab4 FvrsLCD 07/31/2011 09:27:10:00(RG05) 11/22/2010 14:00:07:00
11/22/2010 2:00:08PM GYURUBI ActyDt 11/2/2010 12:00:00 AM 11/4/2008 12:00:00 AM
11/22/2010 2:00:08PM GYURUBI Reasn 7 A
11/22/2010 2:00:08PM GYURUBI Sttus A I
6/1/2010 10:59:22AM BRYANTM FvrsLCD 06/01/2010 10:59:21:00 04/19/2010 12:04:54:00
6/1/2010 10:59:22AM BRYANTM Reasn A 1
6/1/2010 10:59:22AM BRYANTM Sttus I A
6/1/2010 10:59:22AM BRYANTM FvrsLCD 06/01/2010 10:59:21:00(BU04) 04/19/2010 12:04:54:00
4/19/2010 12:04:54PM lenolao
4/19/2010 12:04:54PM lenolao FvrsLCD 04/19/2010 12:04:54:00(RG05) 08/20/2009 16:10:28:00
8/20/2009 4:10:28PM elecfab4 FvrsLCD 08/20/2009 16:10:28:00(RG05) 07/04/2008 18:27:10:00
7/4/2008 11:29:16PM FVRS/DAD Brnch
7/4/2008 11:29:16PM FVRS/DAD ActyDt 1/30/2008 1/30/2008 8:50:13 AM
7/4/2008 6:27:10PM GYURUBI FvrsLCD 07/04/2008 18:27:10:00(RG05) 07/04/2008 13:18:07:00
7/4/2008 1:18:07PM watsond FvrsLCD 07/04/2008 13:18:07:00(RG05) 05/17/2008 17:49:05:00
5/17/2008 5:49:05PM watsond FvrsLCD 05/17/2008 17:49:05:00(BU01) 01/30/2008 08:50:13:00
1/30/2008 8:58:34AM SUPERVISOR voter 1/30/2008 (adddate)8/30/1996
1/30/2008 8:58:34AM SUPERVISOR voter 0/8/01/3 (dtlastchng)1/30/2008
1/30/2008 8:58:34AM SUPERVISOR voter 7 (precinct)
1/30/2008 8:50:05AM SUPERVISOR voter 0 (potential_pw)
1/30/2008 8:50:05AM SUPERVISOR voter 1/30/2008 (adddate)9/12/1996
1/30/2008 8:50:05AM SUPERVISOR voter (election)041102
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Christina White

1/30/2008 8:50:05AM SUPERVISOR voter 0/8/01/3 (dtlastchng)6/20/2002
1/30/2008 8:50:05AM SUPERVISOR voter 7 (precinct)
1/30/2008 8:50:05AM SUPERVISOR voter 1/30/2008 (lastactive)1/29/2008
6/20/2002 10:11:00AM GWENB voter 06/20/2002 (dtlastchng)08/10/2000
6/20/2002 10:11:00AM GWENB voter 06/20/2002 (lastactive)05/14/2002
6/20/2002 10:11:00AM GWENB voter 06/20/2002 (lstcrdreq)08/10/2000
6/20/2002 10:11:00AM GWENB voter BASABE, FABIAN II (name)BASABE II, FABIAN
5/14/2002 11:39:05AM ROSELINEA voter 05/14/2002 (lastactive)08/10/2000
8/10/2000 2:25:08PM MARYP voter 7 (PrecSuf)44
8/10/2000 2:25:08PM MARYP voter BI (citycode)MB
8/10/2000 2:25:08PM MARYP voter 08/10/2000 (dtlastchng)09/20/1999
8/10/2000 2:25:08PM MARYP voter O (oddeven)E
8/10/2000 2:25:08PM MARYP voter 08/10/2000 (lastactive)06/07/1999
8/10/2000 2:25:08PM MARYP voter 08/10/2000 (lstcrdreq)06/07/1999
8/10/2000 2:25:08PM MARYP voter 33154 (sort_zip)33139
8/10/2000 2:25:08PM MARYP voter 33154 (addr_zip)33139
8/10/2000 2:25:08PM MARYP voter BROADVIEW (addr_str)OCEAN
8/10/2000 2:25:08PM MARYP voter E (addr_dir)
8/10/2000 2:25:08PM MARYP voter 10201 (addr_num)940
8/10/2000 2:25:08PM MARYP voter A (status)I
9/20/1999 8:33:19PM FRANCESJ voter 20-SEP-99 (dtlastchng)17-NOV-97
9/20/1999 8:33:19PM FRANCESJ voter 20-SEP-99 (dtinactive)
9/20/1999 8:33:19PM FRANCESJ voter I (status)A
11/17/1997 10:20:45AM MICHELLEB voter 44 (PrecSuf)7
11/17/1997 10:20:45AM MICHELLEB voter MB (citycode)BI
11/17/1997 10:20:45AM MICHELLEB voter 11/17/97 (dtlastchng)09/11/97
11/17/1997 10:20:45AM MICHELLEB voter E (oddeven)O
11/17/1997 10:20:45AM MICHELLEB voter 11/17/97 (lastactive)09/12/96
11/17/1997 10:20:45AM MICHELLEB voter 11/17/97 (lstcrdreq)09/12/96
11/17/1997 10:20:45AM MICHELLEB voter 33139 (sort_zip)33154
11/17/1997 10:20:45AM MICHELLEB voter 940 (addr_num)10201
11/17/1997 10:20:45AM MICHELLEB voter (addr_dir)E
11/17/1997 10:20:45AM MICHELLEB voter OCEAN (addr_str)BROADVIEW
11/17/1997 10:20:45AM MICHELLEB voter 33139 (addr_zip)33154
11/17/1997 10:20:45AM MICHELLEB voter BASABE II, FABIAN (name)BASABE, FABIAN II
9/11/1997 10:01:10AM IVYK voter 0 (grp)1
7/16/1997 3:37:58PM IVYK voter 1 (grp)0
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Christina White

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Christina White
Time 03:46 PM Voting History Report

Election AddressLine2 Election Date Voted

820 Sunny Isles Beach Special Election Nov/02/2021
819 Miami Beach Gen and Spec Elections Nov/02/2021
818 Miami General Municipal and Special Nov/02/2021
817 Homestead Gen and Spec Elections Nov/02/2021
816 Hialeah Primary Election Nov/02/2021
815 Homestead Primary Election Oct/05/2021
814 Virginia Gardens Municipal Election Sep/14/2021
813 North Miami Run-Off Election Jun/01/2021 Not Eligible
812 Coral Gables Run-Off Election Apr/27/2021 Not Eligible
811 South Miami Special Election Apr/20/2021 Not Eligible
810 Sweetwater General Muni and Spec May/11/2021 Not Eligible
809 North Miami Regular Election May/11/2021 Not Eligible
808 Coral Gables General Biennial Elec Apr/13/2021 Not Eligible
807 Miami Shores Village Council Elec Apr/13/2021 Not Eligible
806 Bay Harbor Islands General Election Apr/06/2021
805 Aventura Special Election Apr/27/2021 Not Eligible
804 Miami Springs General Election Apr/06/2021 Not Eligible
803 Medley Special Election Mar/02/2021 Not Eligible
802 El Portal Special Election Feb/16/2021
801 Cocoplum Phase I Street Light STD Feb/16/2021 Not Eligible
800 North Miami Annexation Special Elec Jan/26/2021 Not Eligible
799 Bal Harbour Village Spec Election Jan/26/2021 Not Eligible
798 Doral Run-Off Election Dec/08/2020 Not Eligible
797 Palmetto Bay Run-Off Election Dec/01/2020 Not Eligible
796 Cutler Bay Run-Off Election Dec/01/2020 Not Eligible
795 North Miami Beach Run-Off Election Nov/17/2020 Not Eligible
794 2020 General Election Nov/03/2020 Voted
793 2020 Primary Election Aug/18/2020 Did not vote
792 Bay Harbor Islands General Election May/05/2020
790 El Portal Special Election Apr/07/2020
789 Florida City Run-Off Election Feb/18/2020 Not Eligible
788 South Miami General and Special Feb/11/2020 Not Eligible
787 Florida City Biannual Election Jan/28/2020 Not Eligible
786 2020 Pres Preference Primary Mar/17/2020 Did not vote
785 Biscayne Park Special Election Jan/07/2020 Not Eligible
784 Miami Beach Run-Off Election Nov/19/2019 Not Eligible
783 Miami Run-Off Election Nov/19/2019 Not Eligible
782 Hialeah General Election Nov/19/2019 Not Eligible
781 Sec Guard/Light STD Elections Dec/17/2019 Not Eligible
780 Miami Beach Gen and Spec Elections Nov/05/2019 Not Eligible
779 Miami General Municipal Election Nov/05/2019 Not Eligible
778 Homestead General Election Nov/05/2019 Not Eligible
777 Hialeah Primary and Special Elec Nov/05/2019 Not Eligible
776 Homestead Primary Election Oct/01/2019 Not Eligible
775 Virginia Gardens Municipal Election Sep/10/2019 Not Eligible
774 Sweetwater Run-Off Election May/28/2019 Not Eligible
773 North Miami Run-Off Election Jun/04/2019 Not Eligible
772 Miami Shores Village Counc Run-Off Apr/30/2019 Not Eligible
770 Sweetwater General Muni and Spec May/14/2019 Not Eligible
769 North Miami Regular and Special May/14/2019 Not Eligible
Page 1
Christina White


767 Coral Gables General Biennial Elec Apr/09/2019 Not Eligible
766 Miami Springs General Election Apr/02/2019
765 El Portal Special Election Apr/02/2019 Not Eligible
763 Pinecrest Special Election Mar/26/2019 Not Eligible
762 Golden Beach General Election Feb/19/2019 Not Eligible
761 2018 Sec Guard/Light STD Elections Dec/11/2018 Not Eligible
759 Sunny Isles Beach Run-Off Election Dec/04/2018 Not Eligible
758 North Miami Beach Run-Off Election Nov/20/2018 Not Eligible
757 Cutler Bay Run-Off Election Nov/20/2018 Not Eligible
755 Special Run-Off Election-CC Dist 5 Jun/19/2018 Not Eligible
754 Special Election-County Comm Dist 5 May/22/2018 Not Eligible
753 Cutler Bay Special Election Jun/05/2018 Not Eligible
752 2018 Special General - HD 114 May/01/2018 Not Eligible
751 North Miami Special Election May/01/2018 Not Eligible
750 Florida City Annexation Special May/01/2018 Not Eligible
749 West Miami Municipal Election Apr/10/2018
748 Bay Harbor Islands General Election Apr/10/2018 Did not vote
746 Surfside General Municipal and Spec Mar/20/2018 Not Eligible
745 Indian Creek General Election Feb/16/2018
744 South Miami General Election Feb/13/2018 Not Eligible
743 Florida City Biannual Election Jan/23/2018 Not Eligible
742 2018 Sec Guard/Maint STD Elections Jan/23/2018 Not Eligible
741 2018 Special Primary - House 114 Feb/20/2018 Not Eligible
740 Miami Run-Off Election Nov/21/2017 Not Eligible
739 EShore/EShore 1st Add Sec Grd STD E Dec/05/2017 Not Eligible
738 Miami Beach Gen and Spec Election Nov/07/2017 Not Eligible
737 Miami General Municipal Election Nov/07/2017 Not Eligible
736 Homestead General Election Nov/07/2017 Not Eligible
735 Hialeah Primary and Special Elec Nov/07/2017 Not Eligible
734 Homestead Primary Election Oct/03/2017 Not Eligible
733 Virginia Gardens Municipal Election Sep/26/2017 Not Eligible
732 2017 Special Election Sep/26/2017 Not Eligible
731 2017 Special Primary Election Jul/25/2017 Not Eligible
729 North Miami Regular Election May/09/2017 Not Eligible
728 Sweetwater General Municipal Elec May/09/2017 Not Eligible
727 Biscayne Beach Sec Guard STD Elec May/17/2017 Not Eligible
725 Coral Gables Gen Biennial Election Apr/11/2017 Not Eligible
724 Miami Springs General Election Apr/04/2017 Not Eligible
723 Bay Harbor Islands General Elec Apr/04/2017 Did not vote
722 Biscayne Park Special Election Mar/28/2017 Not Eligible
721 Golden Beach General Election Feb/21/2017 Not Eligible
719 Opa-Locka Special Election Nov/29/2016 Not Eligible
718 Miami Lakes Run-Off Election Nov/29/2016 Not Eligible
717 Palmetto Bay Run-Off Election Nov/22/2016 Not Eligible
Page 2
Christina White


716 Miami Gardens Special Election Dec/06/2016 Not Eligible
713 Sky Lake G Condo #4 Str Lt STD Elec May/10/2016 Not Eligible
712 Riverwood Str Lighting STD Election Apr/12/2016 Not Eligible
711 Miami Lakes Special Election May/17/2016 Not Eligible
710 West Miami Municipal Election Apr/12/2016
709 Aventura Special Election Apr/12/2016 Not Eligible
708 Key Biscayne Special Election Apr/05/2016
706 Indian Creek General Election Feb/19/2016
705 South Miami Gen and Spec Elec Feb/09/2016
704 Lake Patricia Mult Maint STD Elec Jan/26/2016
703 Lake Hilda Mult Maint STD Elec Jan/26/2016
702 Florida City Biannual Election Jan/26/2016
701 Miami Beach Run-Off Election Nov/17/2015
700 Miami Run-Off Election Nov/17/2015
699 2016 Pres Preference Primary Mar/15/2016 Voted
698 Miami General Municipal Election Nov/03/2015
697 Miami Beach Gen and Spec Election Nov/03/2015
696 Hialeah Primary Election Nov/03/2015
695 Homestead General Election Nov/03/2015
692 North Miami Run-Off Election Jun/02/2015
691 North Miami Beach Run-Off Election May/19/2015
690 Sweetwater Municipal Election May/12/2015
689 North Miami Regular Election May/12/2015
688 North Miami Beach Regular Election May/05/2015
687 Bay Harbor Islands Gen & Spec Elec Apr/21/2015 Did not vote
686 Palmetto Bay Special Election Apr/21/2015
685 Miami Shores Village Council Elec Apr/14/2015
684 Coral Gables General Biennial Elec Apr/14/2015
682 Sunny Isles Beach Special Election Feb/17/2015
681 Palmetto Bay Run-Off Election Nov/25/2014
680 2014 General Election Nov/04/2014 Did not vote
678 Highland Gardens Sec Grd STD Elec May/13/2014
677 Hibiscus Island OSRI STD Election May/13/2014
676 Homestead Special Election May/13/2014
675 Miami Gardens Special Election Apr/21/2014
674 Bay Harbor Islands Gen and Spc Elec Apr/01/2014 Did not vote
673 West Miami Regular Election Apr/08/2014
672 Miami Springs Special Election Apr/08/2014
671 Surfside General Municipal Election Mar/18/2014
670 South Miami Gen and Spec Elections Feb/11/2014
669 Florida City Bi-Annual Election Jan/28/2014
668 Sea Pines Estates Str Light STD Ele Jan/28/2014
667 Biscayne Park Municipal Election Dec/03/2013
665 Miami Run-Off Election Nov/19/2013
663 Miami Beach Run-Off Election Nov/19/2013
Page 3
Christina White


662 Miami Lakes Special Election Oct/01/2013
661 Miami-Dade County Special Election Nov/05/2013 Did not vote
658 Village of Palmetto Bay Spec Elec Jun/25/2013
657 North Miami Run-Off Election Jun/04/2013
656 Miami Lakes Special Election Jun/25/2013
654 Sunny Isles Beach Special Election Jun/04/2013
653 Miami-Dade County Special Election May/14/2013 Did not vote
652 Sweetwater General Municipal Elec May/14/2013
651 North Miami Reg and Spec Elections May/14/2013
649 Bal Harbour Village Spec Election Apr/23/2013
644 Coventry Str Light Spec Taxing Dist Jan/10/2013
643 Doral Run-Off Election Nov/27/2012
641 Surfside Special Election Aug/28/2012
638 Surfside Special Election May/01/2012
634 Indian Creek Village Gen Election Feb/17/2012
633 South Miami General and Special Ele Feb/14/2012
631 Florida City Bi-Annual Election Jan/24/2012
630 Biscayne Park Municipal Election Dec/06/2011
629 Pres Preference Primary 2012 Jan/31/2012 Did not vote
628 Hialeah General Election Nov/15/2011
627 Miami General Municipal Election Nov/01/2011
626 Miami Beach General Election Nov/01/2011
625 Homestead General Election Nov/01/2011
624 Hialeah Primary and Special Elec Nov/01/2011
623 Venetian Gardens Annex STD Sep/13/2011
620 Miami-Dade County Special Run-Off Jun/28/2011 Did not vote
619 North Miami Run-Off Election May/31/2011
617 Miami-Dade County Special Election May/24/2011 Did not vote
616 Sweetwater Gen. Municipal Election May/10/2011
615 North Miami Regular Election May/10/2011
611 Aventura Special Election Apr/12/2011
Page 4
Christina White


608 Miami-Dade County Special Election Mar/15/2011 Did not vote
607 Special General Election Mar/01/2011
606 Golden Beach General Election Feb/15/2011
605 Special Primary Election Feb/08/2011
604 Special General - SD 33 Mar/01/2011
603 Special Primary - SD 33 Feb/08/2011
602 Special General - HD 103 Mar/01/2011
601 Special Primary - HD 103 Feb/08/2011
599 Sunny Isles Beach Run-Off Election Dec/07/2010
597 Sweetwater Annexation Special Elec Dec/14/2010 Not Eligible
596 Palm Island Special Taxing District Dec/07/2010
595 Hibiscus Island Special Taxing Dist Dec/07/2010
594 Miami Lakes Run-Off Election Oct/26/2010
593 Miami Lakes General and Special Oct/05/2010
587 Doral Special Election Mar/09/2010
586 Indian Creek Village Gen. Election Feb/19/2010
585 South Miami General and Special Feb/09/2010
584 Florida City Bi-Annual and Special Jan/26/2010
583 Miami Special Election Jan/12/2010
582 Miami Run-off Nov/17/2009
581 PF Updates (Nov 3) Nov/03/2009
560 Coral Gables General Biennial & Sp. Apr/14/2009
559 Miami Springs Gen Sp Mun Election Apr/07/2009
558 Town Of Bay Harbour Islands Gen Ele Apr/07/2009 Did not vote
557 Bal HarbourVillage Regular Election Apr/07/2009
556 Hialeah Gardens General Election Mar/03/2009
553 South Miami Special Election Jan/13/2009
552 SPECIAL RUN-OFF ELECTION Dec/16/2008 Did not vote
551 Pinecrest Run-Off Election Nov/18/2008
549 Miami Lakes General Election Oct/07/2008
548 Cutler Bay Special Election Sep/18/2008
547 EVID_BOD_EV_MOCK Jul/30/2008
543 PW_INTRO_BLENDED_SYS May/04/2008
542 PW_APR_MOCK_4 Apr/26/2008
541 AVENTURA SPC MAIL BALLOT Apr/22/2008
540 BAY HARBOR IS RUN-OFF Apr/22/2008
539 PW_APR_MOCK_3 Apr/12/2008
538 WEST MIAMI MUNICIPAL Apr/08/2008
537 CUTLER BAY RUN-OFF Apr/08/2008
536 MEDLEY GENERAL ELECTION Apr/01/2008
535 BAY HARBOR ISLANDS Apr/01/2008
534 PW_MAR_MOCK_2 Mar/29/2008
533 SURFSIDE GENERAL ELECTION Mar/18/2008
Page 5
Christina White


532 PW_MAR_MOCK_1 Mar/15/2008
531 SOUTH MIAMI RUN-OFF Mar/11/2008
530 CUTLER BAY GENERAL Mar/11/2008
529 PINCREST SPECIAL MAIL Mar/04/2008
528 FEB 08 MOCK FOR PW Feb/28/2008
527 INDIAN CREEK VILLAGE GEN Feb/15/2008
526 SPECIAL PRIMARY ELECTION Feb/12/2008
525 SOUTH MIAMI GENERAL Feb/12/2008
524 FLORIDA CITY RUN-OFF Feb/05/2008
523 JAN 08 MOCK FOR PW Jan/31/2008
522 CLERKS CERT JAN 08 Jan/31/2008
521 PRESIDENTIAL PREF PRIMARY Jan/29/2008 Voted Early
440 CUTLER RIDGE INC Jan/11/2005
439 KEY BISCAYNE RUN OFF Nov/16/2004
438 EL PORTAL RUN OFF Nov/16/2004
437 GENERAL ELECTION Nov/02/2004 Voted
436 184TH ST IMPROVEMENT Oct/12/2004
435 MIAMI LAKES GENERAL Oct/05/2004
434 OPA LOCKA SPECIAL Sep/07/2004
433 PRIMARY ELECTION Aug/31/2004
432 AMENDED KINGS BAY Apr/27/2004
431 MEDLEY RUNOFF Apr/20/2004
430 BAY HARBOR ISLANDS Apr/20/2004
429 WEST MIAMI GENERAL Apr/13/2004
428 MEDLEY GENERAL Apr/06/2004
427 SURFSIDE GENERAL Mar/16/2004
426 PRESIDENTIAL PREF Mar/09/2004
425 SOUTH MIAMI Feb/10/2004
424 BISCAYNE PARK Dec/02/2003
423 HIA MB MIA SPRINGS Nov/18/2003
422 HIA MIA MB HO HG Nov/04/2003
421 HOMESTEAD PRIMARY Oct/07/2003
380 SOUTH MIAMI SPECIAL Jun/18/2002
379 OPA LOCKA SPECIAL Apr/29/2002
378 BAY HARBOR ISLANDS Apr/02/2002 Voted
376 SURFSIDE GENERAL Mar/19/2002
375 INDIAN CREEK GEN Feb/15/2002
374 SOUTH MIAMI Feb/12/2002
373 PALMETTO BAY AREA SPECIAL Feb/05/2002
372 EL PORTAL GENERAL Dec/11/2001
371 BISCAYNE PARK SPECIAL Dec/04/2001
370 KEY BISCAYNE SPECIAL Dec/04/2001
369 MIAMI MIAMI BEACH RUNOFF Nov/13/2001
368 MIAMI MIAMI BEACH Nov/06/2001
367 HOMESTEAD RUNOFF Nov/06/2001
366 HOMESTEAD Oct/30/2001
365 BAY HARBOR ISLANDS SPEC Sep/25/2001
364 VIRGINIA GDNS Sep/11/2001
363 PINECREST SPECIAL Sep/11/2001
362 SUNNY ISLE Sep/11/2001
361 SCH 7 RUNOFF Jun/26/2001
Page 6
Christina White


360 TX038 TX039 Jun/12/2001
359 COMM DIST 6 SPECIAL Jun/12/2001
358 AVENTURA SP N MIA RO May/15/2001
357 N MIA SWEETW May/08/2001
356 PINECREST SPECIAL May/01/2001
355 NORTH MIAMI BEACH GEN May/01/2001
354 MIAMI SPRINGS RUNOFF Apr/17/2001
353 CORAL GABLES MIA SHORES Apr/10/2001
352 BAY H I MIA SP Apr/03/2001
351 AVENTURA HIA GARDENS Mar/06/2001
350 MIAMI LAKES RUNOFF Feb/27/2001
349 GOLDEN BEACH GENERAL Feb/20/2001
348 INDIAN CREEK VILLAGE Feb/16/2001
347 MIAMI LAKES GENERAL Feb/13/2001
346 PINECREST GENERAL Feb/05/2001
344 MIAMI LAKES AREA SPECIAL Dec/05/2000
343 NORTH BAY VILLAGE Nov/21/2000
342 OPA LOCKA Nov/08/2000
341 GENERAL Nov/07/2000 Voted Absentee
300 NORTH BAY VILLAGE SPEC May/12/1998
299 WEST MIAMI GENERAL Apr/14/1998
298 BAY HARBOR ISLAND Apr/07/1998
297 CORAL GABLES SPECIAL Apr/07/1998
295 CNTY COMM 02 R/O Mar/17/1998
294 CNTY COMM 02 GEN Mar/10/1998
293 AVENTURA SPECIAL Mar/10/1998
292 HIALEAH GARDENS GEN Mar/03/1998
291 SH101 1ST PRIMARY Feb/17/1998
290 SOUTH MIAMI GEN Feb/10/1998
289 FLORIDA CITY GEN Jan/27/1998
287 BISCAYNE PARK GEN Dec/02/1997
286 CW HIA MIA MIA BCH RO Nov/13/1997 Voted
285 HOMESTEAD Nov/04/1997
284 HIA MIA MIA BEACH Nov/04/1997
283 VIRGINIA GARDENS Sep/09/1997
282 KEY BISCAYNE Sep/09/1997
281 MIAMI SPECIAL Sep/04/1997
Page 7
EXHIBIT “E”
9/14/2021 Law Office of Juan-Carlos Planas, P.A. Mail - Public Records Request - Voter Information
Juan-Carlos Planas <jcplanas@planaslawfirm.com>
Public Records Request - Voter Information
Trutie, Suzy (Elections) <suzy.trutie@miamidade.gov> Tue, Sep 14, 2021 at 12:49 PM

To: Juan-Carlos Planas <jcplanas@planaslawfirm.com>
Cc: "White, Christina (Elections)" <Christina.White@miamidade.gov>, "Innocent, Vanessa (Elections)"
<Vanessa.Innocent@miamidade.gov>, "Records Request (Elections)" <RECREQELEC@miamidade.gov>
J.C.,

Good afternoon. Per our conversation, Mr. Basabe voted at precinct 007.0 (Bay Harbor Islands
Town Hall) on Election Day, Tuesday, November 3, 2020.

Suzy Trutie
Deputy Supervisor of Elections, Government Affairs and Media Relations
Miami-Dade County Elections Department
2700 NW 87 Avenue, Miami, FL 33172
Direct: 305-499-8409
|
Mobile: 305-495-7557
Email:
suzy.trutie@miamidade.gov
www.iamelectionready.org

Miami-Dade County is a public entity subject to Chapter 119 of the Florida Statutes concerning public records. Email
messages are covered under such laws and thus subject to disclosure.

From: Juan-Carlos Planas <jcplanas@planaslawfirm.com>
Sent: Tuesday, September 14, 2021 12:25 PM
To: Trutie, Suzy (Elections) <suzy.trutie@miamidade.gov>
Cc: White, Christina (Elections) <Christina.White@miamidade.gov>; Innocent, Vanessa (Elections)

<Vanessa.Innocent@miamidade.gov>; Records Request (Elections) <RECREQELEC@miamidade.gov>
Subject: Re: Public Records Request - Voter Information
EMAIL RECEIVED FROM EXTERNAL SOURCE
[Quoted text hidden]
https://mail.google.com/mail/u/0?ik=78337eae4a&view=pt&search=all&permmsgid=msg-f%3A1710896655087897451&simpl=msg-f%3A1710896655087897451 1/1

Complaint File Against Fabian Basabe To Get Him Off The Miami Beach Ballot

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Complaint File Against Fabian Basabe To Get Him Off The Miami Beach Ballot

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Filing # 134611528 E-Filed 09/14/2021 10:47:17 PM

IN THE CIRCUIT COURT OF THE

FABIAN BASABE, CHRISTINA

EMERGENCY COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

The Plaintiff, JOSEPHINE “JO” MANNING (MANNING), sues the

Defendants FABIAN BASABE (BASABE), CHRISTINA WHITE (WHITE) in her

official capacity as the Supervisor of Elections in Miami Beach-Dade County,

RAFAEL GRANADO (GRANADO), in his official capacity as Clerk of the City of

Miami Beach, and alleges as follows:

JURISDICTION AND PARTIES

1. This action is initiated pursuant to § 86.021, Florida Statutes (F.S.) and

pursuant to the General Equity Jurisdiction of the Court as established in F.S.

attempted to qualify to run as a candidate for City of Miami Beach

before he qualified to run for Commissioner.

2. The Plaintiff, MANNING, also seeks Injunctive relief to direct the

Commissioner, Group II and prevent BASABE’S name from appearing on the

City of Miami Beach, which is contained solely within Miami-Dade County,

4. The Plaintiff, MANNING, is a lawful resident of the City of Miami Beach,

is in need of a declaration of this Court that BASABE is not eligible to qualify to

“A”, Voter information of Josephine Manning].

5. The Defendant, BASABE, is a candidate in the upcoming election for City

Exhibit “B”, qualifying papers of Fabian Basabe].

6. The Defendant, WHITE, is the Supervisor of Elections for Miami-Dade

through intergovernmental agreements to conduct the municipal elections in

Commission, Group II is located and thus is an indispensable party to this action

because of the relief requested.

have taken, signed and subscribed to an oath or affirmation in writing in which

to run as a candidate for City Commission in Group II. In that paperwork,

been a resident of the City of Miami Beach on September 10, 2020.

in order to qualify to run for Miami Beach Commission, he submitted a

September 10, 2020.

had no apparent lease of any property on Miami Beach.

Exhibit “D”, Voter data of Fabian Basabe II].

located at 10201 E Broadview Drive, Bay Harbor Island, Florida 33154.

appeared to be a resident of Bay Harbor Islands, Florida.

17. On November 3, 2020, almost two months after he was required to be a

resident of Miami Beach, BASABE voted in the November Election at precinct

on because he was NOT a resident of Miami Beach. [See Exhibit “E”,

Correspondence from Miami-Dade Elections].

guest to visit his son.

COUNT I - DECLARATORY RELIEF

19. Plaintiff, MANNING, reaffirms and realleges paragraphs numbered 1

through 18 as set forth above.

to run for office.

21. Courts have described legal residency in election cases as a “concurrence

in a particular place and then simultaneously carry out actions to lawfully

1st DCA, 2000)

23. Although it is even questionable if he is currently a lawful resident of the

Beach Charter, he cannot be considered a lawfully qualified candidate for public

and declare his candidacy to be void as it is prohibited by the City of Miami

absence of a judicial declaration and order directing Defendant WHITE AND

be irreparably injured as voters will be mistakenly voting for an individual who

27. MANNING is without an adequate remedy at law. The Plaintiff, in the

absence of a declaration by this Court accompanied by supplemental injunctive

office and thereby will be irreparably injured.

WHEREFORE, this Honorable Court is respectfully requested to assert

the Defendants, WHITE and GRANADO declare BASABE’S candidacy

28. Plaintiff, MANNING reaffirms and realleges paragraphs numbered 1

through 18 as set forth above.

Court, enjoining BASABE from running for City Commissioner ordering

Candidates for City Commission, Group II.

30. MANNING meets the standard to seek injunctive relief.

31. "The issuance of a preliminary injunction is an extraordinary remedy