Judge to decide this week if Frank Carollo stays on Miami D3 ballot

Either decision will likely be appealed
Will former Miami city commissioner Frank Carollo remain on the runoff ballot Dec. 9 or won’t he? We probably won’t know before absentee or mail-in ballots go out next week.
On Monday, Circuit Court Judge Peter Lopez heard arguments in yet another Miami election case. This one seeks to remove Frank Carollo, an accountant who came in first in last week’s District 3 race, from the Dec. 9 runoff, where he faces restaurant manager Rolando Escalona, who came in second with 17%. The lawsuit says keeping Carollo in play runs afoul of a charter amendment on lifetime term limits that voters overwhelmingly approved — by a whopping 79%— on the same Nov. 4 ballot as the City Commission races.
The new rule says anyone who’s served two terms as mayor or commissioner is done for life. No more revolving door, no more comeback tours.
Read related: Miami Voters get it right on the fine print referendums: Yes, No, Yes, Yes
It’s quite possible, and a little ironic, that some voters could have voted for the lifetime term limits and Frank Carollo, who already served two full terms representing District 3 from 2009 to 2017, before being replaced by — wait for it — his older brother, Commissioner Joe Carollo, who’s now termed out and lost a bid for mayor. So, little brother wants his old seat back.
That could mean 24 years of having a Carollo rule over D3 — exactly what the referendum aimed to stop.
Three residents, including third place finisher Oscar Alejandro, say that’s not happening and have sued to stop it. “On Nov. 3, Frank Carollo was a lawfully qualified candidate,” said their lawyer, Juan-Carlos “J.C.” Planas. “On Nov. 5, he was not.”
Planas says it’s simple: voters clearly said they want no more career commissioners, and Carollo’s two-term run means he’s automatically disqualified. The fix? Just swap Frank’s name out for Alejandro’s on the ballot and move on.
Carollo’s attorney, Robert Fernandez, called that idea crazy talk — and maybe unconstitutional. He argued that the referendum didn’t explicitly say it would apply to candidates on the same ballot. Removing Carollo now, Fernandez said, would “disenfranchise” the 2,570 voters who chose him last week and could violate both state and federal law.
But, wait. Wouldn’t leaving Frank Carollo on the ballot disenfranchise the 27,931 voters who passed lifetime term limits?
Read related: Miami voters sue to keep Frank Carollo off the runoff ballot after term-limit win
Judge Lopez didn’t sound thrilled about having to decide this political hot potato and he knows his decision will be challenged either way. “I’m not the last word on this,” he said. “Whatever I do, the Third DCA is going to have to chime in.” That’s why he promised a quick ruling Wednesday morning. Because everyone knows the losing side will appeal faster than you can say “vote-by-mail.”
Speaking of mail ballots — that’s another problem. Oren Rosenthal, attorney for the county elections office, warned that changing the ballot now would throw a wrench in the printing and mailing process. Ballots are already being prepped, envelopes stuffed, and the mail-out is set for Nov. 17. That’s Monday.
“It’s not as easy as just printing a new one,” Rosenthal told the judge. “They have to be programmed, tested, and quality-assured.”
Which means this isn’t just about District 3. The same ballots also include the Miami mayoral runoff between Eileen Higgins and Emilio González. Any delay could ripple into that race, too — and neither of those campaigns want to give voters another reason to roll their eyes at Miami’s perpetual chaos.
For those keeping score at home, Frank Carollo got 38% of the vote, Escalona came in second with 17%, and Alejandro was third with almost 12%. Interestingly enough, another candidate, Denise Galvez Turros, sued to try to get Escalona off the ballot, claiming he did not meet residency requirements. Planas represented Escalona in that case, and won.
Read related: ‘Winners & Losers’ from the Miami, Miami Beach and Hialeah elections
If Judge Lopez sides with the plaintiffs, it could make history — enforcing the city’s new lifetime ban before the ink on the ballots is even dry. If he sides with Carollo, it means the voters’ 79% “yes” might not take effect until the next election.
Either way, this is peak Miami politic: one brother out, another trying to sneak back in, the voters saying “enough already,” and the lawyers turning it all into a three-ring circus — all before the ballots even hit the mail.
Why it so hard to clear City Hall of all Carollos?

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