Florida’s AG threatens City of Miami with legal actions if commissioners move forward with delaying elections

MIAMI – In a blistering letter posted to the platform ‘X’ Wednesday, Florida’s Attorney General James Uthmeier blasted the City of Miami for an ordinance it is considering that would move its elections to even years to align with state and federal elections.

“You should immediately cease the process of enacting the ordinance to move the date,” the letter read in part. “The citizens of Miami deserve—and are entitled to—the right to make this decision, directly.”

Proponents have said the change could help with voter turnout, while critics have argued it allows some of the term-limited elected officials, like the mayor, to stay in office for an additional year without voter approval.

Uthmeier said that in his view, moving an election date without a public vote is “unconstitutional.”

“Home to thousands of patriotic Cuban Americans who know better than most about regimes that cavalierly delay elections and prolong their terms in power,” wrote Uthmeier. “The City of Miami owes to its citizens what the law requires.”

Arguing the ordinance, which passed its first reading on a 3-2 vote, violated the county charter and state Constitution, Uthmeier stated “no statute authorizes or could authorize the proposed ordinance, which would amend provisions of the municipal charter pertaining to election dates and terms of office without a vote of the people.”

The ordinance, which was sponsored by District 2 Commissioner Damian Pardo, states it would amend city code “to change the date of the general election from November 4, 2025 to November 3, 2026 and to change the date of all subsequent elections; providing for the extension of existing terms of office,” adding it would have an immediate effective date.

The ordinance passed on its first reading on June 17, with Christine King (District 5), Pardo (District 2), and Ralph “Rafael” Rosado (District 4) voting for it and Joe Carollo (District 3), and Miguel Angel Gabela (District 1) voting against it.

Uthmeier, in his letter, argues that even the city’s “own charter obligates it to follow the procedures outlined” in the county charter “requiring a vote of the electors.”

One of the many speakers on this issue at Miami City Hall Thursday morning included Rebecca Pelham, Executive Director of Engage Miami.

While conceptually agreeing with the idea of moving municipal elections to even years to boost voter turnout, she does question why the city would try to take this action now, just months ahead of the November election.

She also pointed to a related citizens petition underway. Pelham said the “Stronger Miami” campaign has already collected “almost 5,000 petitions.”

She said “the goal is to get this on the ballot in 2026. This initiative would not lead to extending commissioner terms.”

The ordinance is scheduled for its second and final reading Thursday.

Florida’s attorney general warns the mayor and city commissioners in his letter that if they move forward, “my office reserves the right to consider taking all available actions to prevent this violation of law from occurring.”