The mayor of North Miami, Alix Desulme, is out of the race for re-election on November 3 after a judge in Miami-Dade ruled that he violated Florida's election laws by paying his registration fees with cashiers' checks.
The decision left his only rival, George Morgan, as the unopposed candidate and deemed elected by law.
The ruling, issued on Monday, October 19, by Circuit Judge Beatrice Butchko Sanchez, sparked a legal battle that now includes a challenge against Morgan over an alleged shortfall of just 80 cents in his own election payments.
The controversy coincided with the start of early voting in Miami-Dade, when over 1,300 voters from North Miami had already submitted their ballots by mail.
The mistake that left the mayor out
The problem began on August 10, when Desulme presented two cashier's checks issued by TD Bank: one for $4,494 and another for $898.80, as reported by the Miami Herald.
Florida's election laws require that these fees be paid by checks drawn directly from the candidate's campaign account and signed by their treasurer.
Although the defense asserted that the funds came from the campaign, the judge concluded that the cashier's checks did not meet the legal requirement.
Butchko Sanchez acknowledged that he did not want to deprive citizens of their right to vote, but he rejected applying the doctrine of substantial compliance to excuse the irregularity.
The complaint that led to the disqualification had been filed on October 8 by Morgan, who questioned the validity of the payments made by Desulme.
The 80 cents that complicate Morgan's candidacy
Desulme's lawyer, Benedict P. Kuehne, announced that he would appeal the ruling and questioned Morgan's own eligibility, claiming that he paid 80 cents less than required to register his candidacy.
According to documents cited by the local press, Morgan submitted two checks dated August 18: one for $4,494 and another for $898, when the latter payment was supposed to amount, according to Desulme's defense, to $898.80.
On October 20, Desulme filed a counterclaim requesting to reopen the registration period and hold a special election on December 1.
Kuehne also stated that North Miami had historically accepted cashier's checks for these transactions and that his client followed the municipal procedures.
In a statement, he accused Morgan of trying to “sabotage the electoral process, undermine democracy, and prevent voters from casting their votes for their mayor.”
According to The Miami Times, an emergency suspension request had been denied and a new hearing was scheduled for Thursday, October 22.
What happens to the votes cast?
The Miami-Dade Elections Supervisor's Office reported that, following Desulme's disqualification, the mayoral race is now unopposed.
According to the electoral notice, the votes cast in that race will not change the outcome because the remaining candidate is considered elected by legal provision, as long as the judicial situation remains unchanged.
The decision came on the same day that early voting began in Miami-Dade, with mail-in ballots already distributed.
The deadline to request a mail-in ballot is Thursday, October 22, while the general elections are scheduled for November 3.
An election without official party affiliation
The municipal elections in North Miami are nonpartisan, which means Desulme and Morgan are competing without identification as Democrats or Republicans on the ballot.
This condition does not necessarily imply that candidates lack personal political affiliation.
Desulme, the Haitian-American politician, took office as mayor in December 2022 and won a full term in 2024 with approximately 68% of the votes, according to Univision.
The mayor aspired to continue his municipal projects, including efforts to address flooding in the city.
"I want two more years to continue and finish that work," he recently stated to Local 10 News.
The city of North Miami declined to comment on the ruling. Its legal counsel had previously stated that its priority was to protect citizens' rights to vote and to run for public office.
The dispute remains pending new judicial decisions, while Morgan continues as the only recognized candidate for mayor.
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