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(Miami, FL) - A lawsuit has been filed by a mayoral candidate in response to the Miami Commission voting to delay the upcoming election until 2026.
Former Miami City Manager, Emilio Gonzalez, filed the lawsuit seeking a declaratory judgment and injunctive relief in the 11th Judicial Circuit Court and is one of nine candidates running for Mayor Francis Suarez's seat. He says the vote effectively extends the terms of sitting officials by one year, including Suarez, who is term limited.
Gonzalez calls it an “outrageous abuse of power” and illegal, citing prior warnings from Gov. Ron DeSantis and Attorney General James Uthmeier that such a change requires voter approval.
“We are stunned by the brazen actions of Miami’s elected officials,” said Gonzalez, who served as Miami City Manager and Chief Administrative Officer from 2017-2020.
“Disenfranchising voters undermines our democracy and robs citizens of their voice at the ballot box. If they can steal an election, what else can they steal!?”
The suit names the city, Mayor Francis Suarez and Commissioners Damian Pardo, Christine King and Ralph Rosado who voted for the ordinance as defendants.
If Gonzalez prevails, the city would be forced to reinstate the election to its original date this year, Nov. 5th.
Gonzalez's lead attorney is a former Florida Supreme Court justice, Alan Lawson. He says, “In passing (the ordinance), the City of Miami Commissioners unconstitutionally bypassed the democratic will of the people in a way that the Florida Constitution, Miami-Dade Charter, and the City’s Charter expressly prohibit. This repugnant and deliberate act was done without a single electoral vote in defiance of Florida Attorney General James Uthmeier’s clear warning that doing so was illegal.”
Proponents argue that moving the city’s elections to coincide with presidential and federal contests saves money and improves voter turnout. Critics, including several candidates running for Mayor and the City Commission, say the decision "disenfranchises voters and illegally bypasses the city and county charters, which require voter approval for election date changes."
The Florida Attorney General and Governor argue that the action violates both the Florida Constitution and the Miami-Dade County Home Rule Charter, which mandates a voter referendum for any charter amendments, including changes to election dates.
Uthmeier warned in a recent letter that Florida “will not tolerate such an unconstitutional deviation” and threatened legal action if the ordinance was enacted.
The Coral Gables city commission, who also voted to move their elections to even years, will vote today to potentially repeal their move.