Flubbed Subpoena Keeps Fernando Cabrera on the Ballot

A Bronx judge ruled today that Councilman Fernando Cabrera could stay on the ballot in his primary challenge against State Senator Gustavo Rivera, tossing the case because Mr. Rivera’s team failed to properly serve a subpoena to a petition carrier for Mr. Cabrera who allegedly collected fraudulent signatures.

Mr. Rivera’s attorneys maintained that Mr. Cabrera’s nominating petitions–many of them traced to a single carrier–were riddled with several hundred illegal signatures from registered Republicans and deceased persons. Bronx Supreme Court Justice John Carter, however, determined that the lawyers failed to properly date and deliver a subpoena to the carrier in question–and were unable to prove that the woman still worked for the Cabrera campaign.