MIAMI — An appeals court panel sided with a candidate for Miami mayor on Thursday, rejecting the city’s appeal of a ruling that overturned a 3-2 June city commission vote to move November’s commission and mayoral elections to coincide with the 2026 general election.
A judge originally sided with candidate Emilio Gonzalez on July 21 after Gonzalez’s legal team contended that the city’s vote to postpone the election could only be done by Miami voters, an argument backed by Florida’s attorney general, who said the move was unconstitutional.
Proponents have said the change would boost voter turnout. Critics have called it a power grab, allowing incumbents to extend their terms by a year.
The appeals panel ― which appeared to be taking a skeptical tack towards the city’s arguments during oral arguments on Tuesday ― affirmed that the city “may not enact an ordinance which effectively amends its Charter without submission of the issue to the will and vote of its constituents by referendum,” as required by the city and county charters.
“Therefore, as the trial court properly declared, the Ordinance is unconstitutional,” the panel concluded.
Read the ruling:
In a statement, Gonzalez, in part, called Thursday’s ruling “a victory for every voter in Miami.”
“A corrupt group of politicians tried to cancel your right to vote so they could cling to power,” he said. “They failed.”
The city could ask to reimpose a stay on the ruling and appeal.
“We appreciate the court’s swift review of this matter and its acknowledgment of the valid reasons for aligning City of Miami elections with state and county elections,” a city spokesperson told Local 10 News. “However, we are exploring further appellate options.
“We believe the court’s expedited review may have led to an oversight of binding Supreme Court precedent that is central to the outcome of this dispute.”
Commission Chair Christine King said in a statement, “Although I voted in favor of revising our election schedule to increase voter participation based on my understanding that our proposed process was legally sound, I understand and respect the Appellate Court’s decision.”
“Our nation was founded on a system of checks and balances that are provided in the Constitution,” she said. “I appreciate the clarification from the Court and will support our adherence to its direction. As always, I remain committed to serving my constituents.”
Commissioner Ralph Rosado, who also voted for the measure, said, “The City Commission voted to move Miami’s municipal elections to even-numbered years to boost voter participation and lower costs. That decision was overturned today, and we respect the opinion of the Courts.”
“This issue should have been addressed years ago through a regular charter review process, which is why I proposed a referendum question to be on this year’s November ballot that requires the City to create a Charter Review Committee every 10 years,” he said. “I want to thank my fellow Commissioners for approving my proposal unanimously at the July 24 meeting.”
Damian Pardo, another commissioner who voted for the ordinance, said, “We congratulate those who fought hard for their point of view and prevailed in the court today. 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 as soon as possible.”
Legal analyst David Weinstein, who isn’t involved in the case, said, “Based on the oral arguments, it came as no surprise that the Court affirmed the decision of the trial court.”
He offered additional analysis:
“The next steps for the City would be to seek a rehearing en banc (before the full panel at the 3rd DCA) and simultaneously seek to have the automatic stay put back in place by the trial court, which is what the trial court Judge said that she would allow them to do if her ruling was affirmed.
If their request for a rehearing en banc is denied, they will then seek review by the Florida Supreme Court, which in this case is discretionary, not mandatory.
The City’s request for review by the Florida Supreme Court would be based on; (1) the lower court(s) interpretation of the State constitution, (2) a decision that affects a class of state officers, or (3) a decision that is certified as one of great public importance.
As with all of the proceedings so far, they would seek review on an expedited basis.”
Gonzalez, one of 11 candidates running for Miami mayor, has promised to continue his fight.
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