Miami election date change was unconstitutional, appellate court rules
On Thursday, the appellate court handed down its ruling in the lawsuit filed by mayoral candidate Emilio González, who sued last month after the Miami City Commission voted 3-2 to postpone the election to 2026 via ordinance, rather than through a ballot referendum.
Thursday's ruling marked another victory for González, a former city manager.
'Let this be a warning to every politician in Miami: the days of corruption without consequence are over,' González said in a statement.
City Attorney George Wysong did not immediately respond to a request for comment or a question asking if the city plans to appeal to the Florida Supreme Court.
The city's charter states that elections 'shall be held on the first Tuesday after the first Monday in November in odd-numbered years.' Changes to Miami's charter require voter approval via a ballot referendum — a process that the City Commission circumvented by passing an ordinance that not only postponed the election but also gave the city's current elected officials an extra year in office.
The city has argued that by passing an ordinance, it technically changed the city code — not the charter, which still states that elections are to be held in odd-numbered years. That put the charter in direct conflict with the code, which stated the opposite as a result of the new ordinance.
The Third DCA did not buy that argument.
'Relabeling the Ordinance does not alter its substantive character. Just as a rose bears thorns regardless of what it is called, so too does this enactment carry binding legal implications. It is, in truth, a charter amendment dressed in lesser clothes — fragrant in title but thorned with consequence,' the judges wrote.
This is a breaking news story that will be updated.
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