An appeals court has once again struck down the City of Miami’s attempts to move its mayoral election to 2026.
After losing an appeal of a lower court's decision that its election could not be moved without voter approval, the City of Miami asked for a rehearing of its arguments. The Third District Court of Appeal denied that request last week, dealing another blow to the city's attempt to align local elections with federal ones.
City commissioners voted in June to shift elections to create even-year voting cycles, effectively canceling this November’s election. That decision also extended incumbent elected officials' terms by one year.
Emilio T. González, Miami's former City Manager and a current mayoral candidate, sued the city to stop the change.
A circuit court judge ruled in July that the City of Miami violated the state constitution by changing its election dates without a voter-approved charter amendment. The Florida Constitution gives Miami-Dade County home rule authority, and the Miami-Dade County Home Rule Charter says cities must change their own charters by putting the question to voters in a ballot referendum. Since the city effectively amended its charter to move the election dates by commission vote, the circuit court said this decision was unconstitutional and the ordinance was invalidated.
"The City’s chosen method to effectuate a change of its elections substantively alters the City’s own Charter in a manner that conflicts with the 'exclusive' method provided for in the County Home Rule Charter for amending municipal charters, which has been preempted to Miami-Dade," Appeals court Judge Monica Gordo wrote in a July 31 opinion.
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The city appealed that decision and lost. González celebrated the decision, released on Friday, as a victory for voters.
“This is not just a victory for me — it is a triumph for every voter in Miami,” González said. “Our democracy demands that elections occur as scheduled, and elected officials may not unilaterally extend their own terms without the consent of voters. They say three is the charm — let’s see if Miami City officials hear this message loud and clear.”
It's unclear if the city will continue fighting this issue and appeal to the Florida Supreme Court. City Attorney George Wysong and the city's spokesperson did not respond to WLRN's request for comment.
