3 days ago
Despite controversy, Miami moved election date. One candidate has already sued
A lawsuit filed Monday is challenging last week's controversial Miami City Commission vote to postpone the city's upcoming November election to 2026.
The 41-page complaint by Miami mayoral candidate Emilio González argues that the decision to move the city from odd- to even-year elections effectively granted Mayor Francis Suarez and city commissioners an additional year in power without the consent of voters.
'The commissioners unconstitutionally bypassed the democratic will of the people in a way that the Florida Constitution, the Miami-Dade Charter, and the City's Charter expressly prohibit,' the lawsuit alleges. 'Reminiscent of regimes in Venezuela, Nicaragua, Bolivia, or Cuba — the very places so many of Miami's people come from — those in power, while in power, forced upon those voters what they think is best for elections going forward — and secured for themselves additional time in power, without a vote of the electorate. That cannot stand.'
Representatives for the city did not immediately respond to requests for comment Tuesday, but City Attorney George Wysong has defended the election change as appropriate and legal.
Suarez could still issue a veto on the controversial measure but would have to do so within 10 days of last week's city commission vote on June 26. However, that seems unlikely; the Herald previously reported that Suarez was working behind the scenes to push the even-year change.
Proponents of the measure, including its sponsor, Commissioner Damian Pardo, have argued that aligning elections with national races will boost voter turnout and prove a boon for democratic participation. But opponents have accused city officials of pursuing a self-serving extension of their terms. Florida's governor and attorney general both warned the city not to change the election date without first asking voters in a ballot referendum.
'Attorney General James Uthmeier has already warned that this violates the law, and Governor Ron DeSantis has strongly supported that position,' retired U.S. Army colonel González, a former Miami city manager, said in a press release announcing the lawsuit. 'Disenfranchising voters undermines our democracy and robs citizens of their voice at the ballot box.'
Ahead of last week's vote, Wysong defended the legal and ethical grounds of moving this year's election to 2026 to align with federal elections. 'Somebody is gonna get that extra year, whether you do it now, or next year, or two years from now,' Wysong said at the June 26 meeting.
Ultimately, Commissioners Pardo, Ralph Rosado and Christine King voted in favor of the measure, which passed by a vote of 3-2, with Commissioners Joe Carollo and Miguel Angel Gabela voting against the change.
In an interview Tuesday, González said commissioners had only offered 'nonsensical, bogus justifications' for the change.
'I've never sued anybody in my life and I've never run for public office so this is all new to me,' González told the Miami Herald. 'But I've spent my adult career as a U.S. Army officer serving around the world promoting and defending democracy — only to find I now have to promote and defend democracy here in my hometown.'
'I'm a real stickler for process and procedure,' González added. 'This isn't a campaign publicity stunt. I'm filing this as a voter.'
While González is the first to sue, other candidates who planned to run in the November 2025 election have been critical of the change as well.
'Miami voters want new leadership in the city. For them, these elections cannot come soon enough,' mayoral candidate Ken Russell, a former city commissioner, told the Herald. 'Commissioners enriching themselves and violating their own term limits erodes voter trust.'
