MIAMI (CBSMiami) – Miami-Dade Commission Chair Joe Martinez is taking the results of the recent mayor race to court.

Martinez, along with the county Property Appraiser Pedro Garcia, filed a lawsuit challenging the results of last month elections, according to CBS4 news partner The Miami Herald. They claim the results of the August Primary Election were flawed because of suspected absentee ballot fraud.

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Martinez and Garcia want the court to base the election results on those who actually showed up at the polls and to throw out the absentee ballot votes.

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If the absentee ballot votes weren’t counted Martinez would have made it to a run-off against Mayor Carlos Gimenez.

Despite winning the election day vote and the early voting, Garcia was trounced in the absentees by challenger Carlos Lopez-Cantera.

Lopez-Cantera has credited smart campaign strategy for his large absentee win.

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CBS4 news partner The Miami Herald contributed to this report.