Third DCA strikes down Miami election change; November ballot is on

Three judge panel slaps city with a civics lesson
Miami’s power-hungry politicos just got benched by the grown-ups.
The Florida Third District Court of Appeal on Thursday handed a stinging, unanimous ruling that the City of Miami’s sneaky little move to cancel the scheduled November 2025 election and push it to 2026 was unconstitutional. Shocker, right?
Not really. Ladra could tell by the way the three judges practically rolled their eyes during oral arguments, that they were not buying the city’s sob story about having the right by state law. There was already a lower court ruling in favor of former City Manager Emilio Gonzalez, who wants to run for mayor this year and not next. The DCA just confirmed it.
The city should not appeal this again, throwing good money after bad. Outside counsel Dwyane Robinson — and how much is this costing taxpayers? — said the city is “exploring further appellate options.” Mayor Francis Suarez said so, too, but he may not have the votes from the dais to continue to pursue it. City Commissioner Damian Pardo, who sponsored and fiercely defended the election-cancelling ordinance, indicated he was ready to let it go. This was originally passed with a 3-2 vote, so if Pardo turns, it’s dead.
“We congratulate those who fought hard for their point of view and prevailed in the court today,” Pardo said in a statement, even though the term “point of view” seems like a dig. “We remain committed to increasing voter representation and decreasing electoral costs in the City of Miami and plan to introduce legislation to place moving the elections to even years on the ballot as soon as possible.”
What a concept! Imagine all the pain and suffering he could have avoided if they had just done this in the first place.
Read related: Third DCA seems skeptical of Miami city election change, cancellation
This all started when the City Commission in June passed an ordinance to postpone the election — essentially giving themselves an extra year in office without asking any voters if they were cool with that. Spoiler: They weren’t. Neither were several candidates who had already been campaigning for this year’s race for months already. But Gonzalez was the only one who legally challenged it. The argument was that the city charter and the county’s Home Rule charter both prohibit the city commission from changing the date or year of the municipal election without going to the voters with a referendum first.
And now two courts have agreed.
“The Ordinance is unconstitutional,” wrote the panel of judges in their ruling, which upheld the decision by Miami-Dade Circuit Judge Valerie Manno Schurr. They weren’t buying the city’s argument that they were just “tweaking” the code — not the charter. Nah, fam. The judges saw right through that fig leaf.
“It is, in truth, a charter amendment dressed in lesser clothes — fragrant in title but thorned with consequence,” the opinion reads, so poetically. Ladra gives that line a standing ovation.
The charter clearly states: Elections “shall be held on the first Tuesday after the first Monday in November in odd-numbered years.” There’s no ambiguity. Any change to that? Gotta go to the voters. This commission thought they could skip that pesky little detail.
The judges said it also violated the county’s constitution. “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,” the judges wrote in the 27-page opinion.
This is also a major political loss for Suarez, who’s been working behind the scenes to make this election delay happen and maybe buy himself more time in power, but not for his papi, former Miami-Dade Commissioner Xavier Suarez, who was Miami’s first Cuban-born mayor and wants to return to that post.
The senior Suarez tried to take credit for the lower court win, saying he had provided Gonzalez with legal advice. He ran to the news mics after oral arguments Tuesday to get some free publicity. But everybody wants to ride Emilio’s coattails. He has just become the de facto frontrunner in the race because he is cast as the hero that saved an election.
Read related: Miami-Dade Judge: Miami Commission can’t cancel election without public vote
Miami Commissioner Joe Carollo, perhaps Gonzalez’s biggest foe and another potential mayoral candidate had gone so far as to try to insert himself in the case. The judges denied him time to speak at oral arguments. Se salvaron.
Miami-Dade Commissioner Eileen Higgins, who has also announced that she is running for Miami mayor, might send out a fundraising text about it, like she did after Manno Schurr’s ruling.
“Our judicial system has once again reaffirmed that the rule of law in fact must be followed and voters will ultimately have the final word in deciding key changes, including when the city holds elections,” Higgins said in a statement that could be misinterpreted as a victory lap she doesn’t deserve. “Upholding the lower court’s ruling to maintain our November 2025 election is a win for democracy and fairness.”
Where were you all this time, chica? Gonzalez didn’t only sue for the city, he sued to defend the county Home Rule charter.
“If we want to move elections to even-numbered years to increase participation, let’s do it the right way: through voter approval. As Mayor, I’ll propose shortening the next ayor’s term and putting the question on the 2026 ballot to modernize our democracy without undermining it,” Higgins said.
Imagine that — a politician willing to give up time in office for the sake of democracy and progress. Miami might not be ready.
Gonzalez and other candidates have also said that they are willing to shorten their terms if the voters choose a new election year.
“This is a victory for every voter in Miami,” Gonzalez said in a statement. “A corrupt group of politicians tried to cancel your right to vote so they could cling to power. They failed.”
The retired U.S. Army colonel spent 22 years “helping to build and defend democracies around the world—and I will never sit back and watch one be dismantled in my own backyard,” Gonzalez said. His attorneys, led by former Florida Supreme Court Justice Alan Lawson, had argued that this is the kind of authoritarian move many Miami residents had fled from in Cuba, Venezuela and Nicaragua.
Read related: Miami Commissioners pass election date change — and steal an extra year
“They tried to silence the public. They tried to rewrite the rules mid-game. They lied about turnout, lied about cost, and ignored our city’s Constitution. And they did it all for themselves,” Gonzalez said. “The courts saw through it. The rule of law held. And now, the people will decide who leads this city—not a backroom vote, not a legal loophole, not a rubber stamp from corrupt politicians.
“Let this be a warning to every politician in Miami: the days of corruption without consequence are over.”
Former City Commissioner Ken Russell, who has also been campaigning for mayor, is the only one of the viable candidates who actively tried to dissuade the city commission from cancelling the election. At the podium during public comment and in social media, Russell warned the city that they were about to do something illegal.
“This was never about good government,” Russell told Political Cortadito, adding that it was always about the self-interests of certain politicians.
He also said it was highly “dysfunctional” to watch the city argue against Home Rule, which municipalities have been fighting for years to prioritize in Tallahassee. Just ask the Miami-Dade League of Cities.
Russell, who called the ruling a “body-slam” was also gracious enough to thank Gonzalez for doing what none of the other candidates did.
“Credit to Emilio Gonzalez gor stepping up and filing the lawsuit,” Russell said. “The other candidates benefitted from it — and so will the voters of Miami.”
Why? Because they will get an election this year.
The post Third DCA strikes down Miami election change; November ballot is on appeared first on Political Cortadito.

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