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MIAMI (CBSMiami) — A judge denied a request from Miami-Dade Mayoral candidate Raquel Regalado to toss out her opponent – incumbent Carlos Gimenez – from the race.

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Monday morning a judge ruled Regalado’s motion to toss the Miami-Dade mayor from the race was flawed, according to our news partners the Miami Herald.

The complaint – filed last week – claims Gimenez violated a Florida statute in using a campaign check instead of a cashier’s check to qualify him to be in the mayoral race after the first check had reportedly been returned.

The judge said Regalado’s argument is not convincing and denied the motion to toss Gimenez out of the race. Attorneys for Regalado are reportedly working on amending the complaint.

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The Gimenez camp said the check never made it past the elections office and that someone caught it and alerted them.

The Supervisors of Elections put out a statement backing that up saying, “At no time did the department submit the original check to the bank nor was a qualifying check for Carlos Gimenez ever declined by a bank for any reason.”

Gimenez’s camp calls this a “Hail Mary Pass” because Regalado is behind by 22 points according to a recent Bendixen Amandi poll for Univision and WLRN.

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