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Miami Herald
2 days ago
- Politics
- Miami Herald
Miami power grab: It took a judge to remind city leaders they can't cancel democracy
It took a judge to bring the Miami City Commission back to reality. The city's elected officials can't postpone an election and extend their own terms by a year, no matter how good the reason, a Miami circuit judge said this week. What a relief. For a while, Miami, known for government dysfunction, was once again making headlines for the wrong reasons. Fortunately, Miami-Dade Circuit Court Judge Valerie Manno Schurr ruled against this power grab. She said Monday that commissioners violated the Florida Constitution when they decided last month to extend their own terms a year by postponing the November 2025 election to November 2026. In a split 3-2 vote, commissioners pushed back the election to align with midterm and presidential elections, which they said would likely lower election costs and lead to higher voter turnout. Those are worthy goals but this was an audacious move. There's no way not to see it as self-serving. It would extend the terms even of those who are term-limited out of office this year, including Mayor Francis Suarez and Commissioner Joe Carollo, who voted against the measure. Moving the election to even-numbered years may be a plus for voter participation, but doing it by extending the commission's terms without voters deciding? That's the eyebrow-raising part. The ruling came in a suit filed by Miami mayoral candidate Emilio González. In the suit, he compared the commission's decision to what happens in 'regimes in Venezuela, Nicaragua, Bolivia, or Cuba — the very places so many of Miami's people come from — [where] 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.' It's not as if commissioners weren't warned. Both Florida Gov. Ron DeSantis and Attorney General James Uthmeier told them not to delay the election. Commissioner Damian Pardo, who sponsored the proposal, cited worthy reasons for moving the elections. Voter participation in particular has been a problem in Miami for a long time. The city needs greater civic engagement. By moving the election to even-numbered years, when more people generally vote, Miami could see a spike in turnout. That would be great. But voters should be the ones to decide if the election should be moved. The ends do not justify the means. Coral Gables confronted a similar issue earlier this year — with a different conclusion. The commission voted 3-2 to shorten the terms of commissioners and of Mayor Vince Lago by over four months in order to move up the date of the next election from April 2027 to November 2026. There's a fundamental issue at play here: Voters should be able to trust that, when they elect their representatives, it's for the agreed-upon amount of time. Those who are elected shouldn't be able to change the length of their terms at will. In arguing that changing the election date is legal, the city of Miami is relying on three Florida statutes that allow municipalities to move an election date via ordinance. North Miami recently changed its elections to even years, and the decision was appealed but, in the end, the Third District Court of Appeal affirmed a lower court's ruling that the city had the authority to make the change. Will that hold up in Miami's case? The city has appealed the judge's ruling and asked for a decision by Aug. 8. Complicating matters, there are other issues politically linked to the election postponement, including lifetime term limits for the commission — an idea the Editorial Board supports — and the need to expand the city commission from five seats to seven or nine, which needs to be done as well. But no matter how the legal arguments settle out in this case, a judge has called commissioners' decision unconstitutional. That should pull them up short. In their purported zeal to put election participation on a better path, commissioners can't forget that they work for voters. Click here to send the letter.
Yahoo
4 days ago
- Politics
- Yahoo
Judge rules that Miami election date change was unconstitutional
Judge rules that Miami election date change was unconstitutional Miami's decision to postpone its 2025 election to 2026 without voter approval was unlawful and unconstitutional, a judge has ruled. Miami-Dade Circuit Court Judge Valerie Manno Schurr on Monday issued a written opinion in a lawsuit filed by Miami mayoral candidate Emilio González. The former city manager sued the city after the Miami City Commission passed an ordinance that postponed the upcoming November 2025 election to November 2026 without voter approval, giving the current elected officials an extra year in office. González had asked the court to find the city's ordinance 'unlawful and invalid.' In her ruling, Manno Schurr declared that the city cannot change the dates of municipal elections or terms of office without voter approval. The city had cited three Florida statutes that allow municipalities to move an election date via ordinance, arguing that state laws supersede local rules. But in her ruling, Manno Schurr disagreed. Manno Schurr pointed to the Miami-Dade County Home Rule Charter, which states that any proposed charter change must be decided by a vote of the electors. Miami's city charter dictates the rules for elections, including the requirement that elections for mayor and commissioner 'shall be held on the first Tuesday after the first Monday in November in odd-numbered years.' Ultimately, Manno Schurr said, the ordinance the city passed 'constitutes an impermissible amendment to the City Charter without a vote of the electorate,' as is required by the Miami-Dade County Charter and the Florida Constitution. The city filed a notice of appeal shortly after Manno Schurr handed down her ruling. The parties are working on a tight timeline, with both sides telling the judge at a Wednesday hearing that they need a final decision, following appeals, by Aug. 8. 'This is not just a victory for me — it is a triumph for all voters in the City of Miami and across Miami-Dade County who believe in upholding our charter and the rule of law,' González said in a statement Monday. 'We are extremely grateful to the Court for its decision in this critical case, which restores the fundamental right to vote and ensures that citizens can shape their own future,' González's attorney Alan Lawson said. '... Our client, Emilio Gonzalez, recognized the far-reaching implications of this case, and we are proud to have worked with him to uphold one of the core guarantees of our Constitution: the right to vote.' In a statement Monday, the Miami City Attorney's Office said: 'While we respectfully disagree with the trial court's decision, we are confident in the strength of our case and remain optimistic about the outcome on appeal.' Commissioner Damian Pardo, who sponsored the ordinance moving the city's elections from odd to even years, agreed with the city's statement and declined further comment 'until the matter is fully resolved.' Politicians react Gov. Ron DeSantis celebrated the judge's ruling in a post on X. 'City of Miami politicians voted to defy term limits, cancel this year's scheduled election, and extend their own terms in office — all without voter approval,' DeSantis said. 'Today, a judge has put the kibosh on the scheme. Great to see the law and common sense prevail.' Miami-Dade County Commissioner Eileen Higgins is among the candidates who had already filed to run for Miami mayor in November 2025. In a statement, Higgins called the ruling 'a clear victory for democracy and for every Miami resident who believes elections should be decided by the people — not politicians.' Higgins added that if voters support moving the city to even-year elections, she's in favor of reducing the mayor's term by one year, ending in 2028 instead of 2029, to achieve that goal. Former City Commissioner Alex Díaz de la Portilla, whom DeSantis suspended from office in 2023, has not formally filed candidate paperwork but confirmed Monday that he intends to run for mayor in November. 'In America, you can't change the rules just to stay in power,' Díaz de la Portilla said. 'The people have the final say. Today's decision proves that. The judge gave the city a chance to choose the right path. Instead, they are choosing to appeal and fight a decision they know is wrong. We the people will choose our next Mayor.' Commissioner Joe Carollo, who has long been teasing a run for mayor, also added his two cents Monday afternoon. 'I voted against this ordinance because there was no doubt in my mind it was illegal and it went against every principal of democracy of our country,' Carollo said. 'But beyond that, it was immoral for us to have given ourselves an extra year in office.' Mayor Francis Suarez, who was a proponent of the ordinance, said through a spokesperson that he agreed with the city attorney's statement, declining further comment. What each side is arguing In two separate 3-2 votes, the Miami City Commission approved an ordinance moving the city from odd- to even-year elections. That meant that the scheduled November 2025 election was postponed to 2026 and that the city's current elected officials would get an extra year in office — even those who are term-limited. Pardo has argued that the change is a reform measure that will substantially boost voter turnout while cutting election costs. Critics, however, have called the move a 'power grab.' In his lawsuit, González likened it to actions carried out by 'regimes in Venezuela, Nicaragua, Bolivia, or Cuba — the very places so many of Miami's people come from.' His attorneys have argued that the city violated its own charter, as well as the county charter and the Florida Constitution, by moving the election without voter approval. The city charter governs the rules for elections, and charter changes generally require voter approval. But the city has argued that passing the ordinance technically didn't change the charter — rather, it changed the city code. Assistant city attorney Eric Eves acknowledged at a hearing last week that the change puts the city charter and code in conflict with each other. Manno Schurr called that argument 'meritless,' saying it 'ignores the effect the Ordinance has on the pertinent provisions of the City Charter.' The city has relied on three Florida statutes that allow municipalities to move an election date via ordinance, as well as a case in the city of North Miami, which similarly moved its elections to even years via a City Council vote and without voter approval a few years ago. That case went up to the Third District Court of Appeal, which upheld a lower court's ruling that the city acted lawfully. The Third DCA ruling did not create binding precedent, however. Solve the daily Crossword
Miami Herald
4 days ago
- Politics
- Miami Herald
Judge rules that Miami election date change was unconstitutional
Miami's decision to postpone its 2025 election to 2026 without voter approval was unconstitutional, a judge has ruled. Miami-Dade Circuit Court Judge Valerie Manno Schurr on Monday issued a written opinion in a lawsuit filed by Miami mayoral candidate Emilio González. The former city manager sued the city after the Miami City Commission passed an ordinance that postponed the upcoming November 2025 election to November 2026 without voter approval, giving the current elected officials an extra year in office. González had asked the court to find the city's ordinance 'unlawful and invalid.' The city had previously indicated that it intends to appeal the decision should the judge rule in González's favor. The parties are working on a tight timeline, with both sides telling the judge at a Wednesday hearing that they need a final decision, following appeals, by Aug. 8. 'This is not just a victory for me — it is a triumph for all voters in the City of Miami and across Miami-Dade County who believe in upholding our charter and the rule of law,' González said in a statement Monday. 'We are extremely grateful to the Court for its decision in this critical case, which restores the fundamental right to vote and ensures that citizens can shape their own future,' González's attorney Alan Lawson said. '... Our client, Emilio Gonzalez, recognized the far-reaching implications of this case, and we are proud to have worked with him to uphold one of the core guarantees of our Constitution: the right to vote.' The city did not immediately respond to a request for comment. What each side is arguing In two separate 3-2 votes, the Miami City Commission approved an ordinance moving the city from odd- to even-year elections. That meant that the scheduled November 2025 election was postponed to 2026 and that the city's current elected officials would get an extra year in office — even those who are term-limited. The item's backer, Commissioner Damian Pardo, has argued that the change is a reform measure that will substantially boost voter turnout while cutting election costs. Critics, however, have called the move a 'power grab.' In his lawsuit, González likened it to actions carried out by 'regimes in Venezuela, Nicaragua, Bolivia, or Cuba — the very places so many of Miami's people come from.' His attorneys have argued that the city violated its own charter, as well as the county charter and the Florida Constitution, by moving the election without voter approval. The city charter governs the rules for elections, and charter changes generally require voter approval. But the city has argued that passing the ordinance technically didn't change the charter — rather, it changed the city code. Assistant city attorney Eric Eves acknowledged at a hearing last week that the change puts the city charter and code in conflict with each other. The city has relied on three Florida statutes that allow municipalities to move an election date via ordinance, as well as a case in the city of North Miami, which similarly moved its elections to even years via a City Council vote and without voter approval a few years ago. That case went up to the Third District Court of Appeal, which upheld a lower court's ruling that the city acted lawfully. The Third DCA ruling did not create binding precedent, however.
CBS News
4 days ago
- Politics
- CBS News
Miami's decision to postpone 2025 election without voter approval unconstitutional, judge says
A Miami-Dade circuit judge has ruled that Miami's decision to postpone its 2025 election to 2026 without voter approval was unconstitutional. Earlier this year, former Miami City Manager Emilio Gonzalez filed a lawsuit against the City of Miami, claiming officials are unlawfully blocking his bid to run for mayor by postponing the scheduled November 2025 election and giving current elected officials an extra in office. González had asked the court to find the city's ordinance "unlawful and invalid." On Monday, Judge Valerie Manno Schurr issued a written opinion on his lawsuit. She noted in her opinion that the general law statutes do not grant the city the authority to enact the ordinance. Miami-Dade County Commissioner, and Miami mayoral candidate, Eileen Higgins praised the judge's decision to restore the November 2025 municipal election. "Today's court decision is a clear victory for democracy and for every Miami resident who believes elections should be decided by the people — not politicians. I've said from the start: moving elections must be done the right way, through a transparent process and with voter approval," she said in a statement.
Yahoo
17-07-2025
- Politics
- Yahoo
Will Miami's election be in 2025 or 2026? Judge promises decision ‘very quickly'
A judge will soon weigh in on whether the city of Miami had the legal authority to postpone its election to 2026 without voter approval. On Wednesday, Miami-Dade Circuit Court Judge Valerie Manno Schurr heard arguments in a lawsuit filed by Emilio González, a candidate for mayor, who filed suit after the Miami City Commission passed an ordinance that postponed the upcoming November 2025 election to November 2026 without voter approval, giving the current elected officials an extra year in office. González, a former city manager, is asking the court to find the city's ordinance 'unlawful and invalid,' effectively reverting the election date back to 2025. READ MORE: It's official — Miami cancels November election, postpones it to 2026 The parties are on a tight timeline. The original election date is in just over 100 days. Factoring in the deadlines for candidate qualifying, the parties said the entire legal process, including appeals, must be complete by Aug. 8. 'People deserve to know whether there will be an election in this year for mayor and certain City Commission seats, or next year,' assistant city attorney Eric Eves said at Wednesday's hearing. 'Everybody deserves to know and answer that question quickly.' Eves argued that Florida statute allows municipalities to move their elections from odd to even years via a City Commission vote. He leaned heavily on a case in the city of North Miami, which similarly moved its elections to even years via a City Council vote and without voter approval a few years ago. That case went up to the Third District Court of Appeal, which upheld a lower court's ruling that the city acted lawfully. Eves told the judge that the North Miami ruling 'is all the court needs to see' to make a determination in this case. 'There's no need to reinvent the wheel,' Eves said. But González's attorney countered that the city's ordinance violates not only the city charter but also the county charter and the Florida Constitution. 'The city has always had the option of putting this on the ballot, as the Dade County charter says ... and putting it up for a vote of the electorate as to whether they'd like to change the charter, to move the dates of election and change the terms of office to accomplish that,' said attorney Alan Lawson. But instead of doing that, Lawson said: 'They canceled the election when folks were already running for these offices.' Indeed, several high-profile candidates had already filed to run for office by the time the city postponed the election, including Miami-Dade County Commissioner Eileen Higgins and former City Commissioner Frank Carollo, the younger brother of current District 3 Commissioner Joe Carollo. Both Joe Carollo and Mayor Francis Suarez are termed out of office later this year but will get an additional year in office if the City Commission's decision to move the election to 2026 stands. Suarez has been a supporter of the election date change, lobbying for it behind the scenes and signing the ordinance into law the same day that the commission passed it. Carollo, on the other hand, has been a staunch opponent to the change. Earlier this week, he filed an amicus brief with the court in support of González's case. 'The one thing that separates us from every other place in the world — whether you sit on the right or the left, however you vote — is we have and live in and believe in a democracy,' Richard Diaz, an attorney for Carollo, said at Wednesday's hearing. 'And that democracy mitigates in favor of allowing the will of the people to decide such an important decision or issue, which is: Who is going to govern me for the next year if I'm a resident of the city of Miami?' The issue makes strange bedfellows of González and Carollo, who are political adversaries. González told the Miami Herald he had 'zero' involvement in Carollo's decision to file an amicus brief. At the end of Wednesday's hearing, the parties agreed to provide proposed orders to Judge Manno Schurr by Thursday. 'Time is of the essence,' Manno Schurr said. 'So you'll hear from me very quickly.' Another candidate sues Meanwhile, Denise Galvez Turros, who has filed to run to succeed Carollo in District 3, filed a lawsuit of her own this week against the city and Miami-Dade Elections Supervisor Alina Garcia. Galvez Turros argued that the city's ordinance postponing the election violated the Miami-Dade County Home Rule Charter, as well as a provision of the Florida Constitution that limits positions of elected office to four years. 'This unlawful act is not merely a procedural defect,' Galvez Turros' legal team argued. 'It is a calculated effort by a narrow majority of the Commission to entrench themselves in power, override the will of the electorate, and circumvent the very Charter provisions they are sworn to uphold. The people of Miami are entitled to choose their representatives at the ballot box; not have them imposed by ordinance.' Solve the daily Crossword
