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The Florida circuit judge, Valerie R. Manno Schurr, concluded this Monday that the city of Miami cannot postpone the municipal elections scheduled for this year, thus nullifying a controversial ordinance approved by the City Commission, which sought to move the elections to 2026.
The decision responds to a lawsuit filed by the mayoral candidate, Emilio González, joined by Commissioner Joe Carollo, who argued that the measure violated the Florida Constitution and local statutes.
The Miami Commission had approved the change with a divided vote of 3-2 on June 26.
The proponents' argument was to align municipal elections with presidential and gubernatorial races, with the intention of increasing voter participation.
Nonetheless, the initiative granted an additional year of term without public voting to the current elected officials, including Mayor Francis Suárez and commissioners Carollo and Christine King.
"It requires a referendum."
In her ruling, Judge Manno Schurr made it clear that the city cannot change the date of its elections without the direct approval of the electorate.
“The exclusive authority under the Florida Constitution and the Miami-Dade Charter requires a referendum for the city of Miami to amend its Charter and change the date of its elections,” stated the magistrate, as reported by Telemundo 51.
The judge also concluded that the municipal ordinance violated both the state constitution and the city's charter.
According to current legislation, any modification to the electoral structure must be approved by voters through a referendum.
Opposition from state leaders
The proposal had faced backlash from various political figures in Florida, including Governor Ron DeSantis and the state Attorney General, James Uthmeier, who had previously warned the commissioners not to move forward with the approval of the measure.
The lawsuit, led by Emilio González, argues that voters are the only ones who can authorize a change in the electoral calendar.
“The city does not have the authority to change the date of the elections”, argued González, cited by Univision, reiterating the argument that it violates the City Charter.
Possible appeal
Despite the legal setback, the city of Miami may attempt an appeal.
The commissioner Damián Pardo, one of the main proponents of the proposal, reacted to the ruling with a brief statement.
"The city will appeal today's court decision, and I will wait to comment once the matter is fully resolved.", he said, as detailed by Telemundo 51.
The ruling on Monday puts a stop to what many critics described as an attempt to extend terms without citizen consent, and sets an important precedent regarding the legal limits of local power in electoral matters.
Frequently Asked Questions about the Judicial Decision on the Elections in Miami
Why can't the municipal elections in Miami be postponed?
Judge Valerie R. Manno Schurr concluded that postponing the elections would violate the Florida Constitution and the Charter of the City of Miami. According to her ruling, any change to the election date requires direct approval from the electorate through a referendum.
What was the objective of the proposal to change the date of the elections in Miami?
The commissioner Damián Pardo, the main advocate for the proposal, argued that the date change would allow for the alignment of municipal elections with state and federal ones, which would supposedly encourage greater citizen participation and reduce electoral costs.
What legal consequences could the city of Miami face if it decides to appeal the court ruling?
The city of Miami could face a lengthy and costly legal process if it decides to appeal the ruling of Judge Valerie R. Manno Schurr. Furthermore, the appeal could be seen as an attempt to challenge the will of the people and the limits set by the Florida Constitution.
What do state authorities think about the proposal to postpone the elections in Miami?
Governor Ron DeSantis and Attorney General James Uthmeier expressed their rejection of the proposal. Both characterized the measure as undemocratic and warned that unilaterally modifying the electoral calendar without citizen consent goes against established democratic principles.
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