Miami mayoral candidate Emilio Gonzalez
MIAMI — A Florida appeals court has decided that the City of Miami erred in delaying its scheduled November 2025 election until November 2026 without seeking voter approval based on the provisions of the city’s charter.
Florida’s Third District Court of Appeal issued its opinion July 31 in the city’s appeal of a lower court decision. The Miami-Dade County Circuit Court previously sided with Miami mayoral candidate Emilio T. Gonzalez, granting summary judgment in plaintiff Gonzalez’ lawsuit challenging the city’s election postponement.
“... We are tasked with deciding whether the city’s enactment of an ordinance … changing its general municipal elections to even-numbered years – effectively canceling its upcoming November 2025 election and extending the terms of its elected officials beyond their established term limits – without submission to the voters for approval by referendum is constitutionally impermissible,” the appeals court said. “We hold the trial court correctly found the ordinance unconstitutional and affirm.”
Miami’s City Commission passed its election changes by a split 3-2 vote on June 26, and the mayor later signed the measure into law. In turn, Gonzalez then filed his complaint challenging the ordinance as unconstitutional because, he argued, the Miami-Dade County Home Rule Charter mandates that any changes to the city’s charter be conducted through a referendum, according to the appeals court.
The city’s attorney indicated that Miami is now considering its options in light of the appeals court ruling.
“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,” the city’s outside counsel, Dwyane Robinson, said in a statement emailed to the Florida Record. “However, we are exploring further appellate options.”
Gonzalez stressed that the court had blocked the city’s “corrupt attempt” to cancel the fall mayoral election.
“As predicted, we won … AGAIN!” the mayoral candidate posted on X, formerly Twitter. “The courts agree: The people of Miami have the right to vote, and no backroom deal can take that away.”
Gov. Ron DeSantis also applauded the appeals court’s opinion.
“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 in a post on X. “... A judge has put the kibosh on the scheme. Great to see the law and common sense prevail.”
The city argued that its ordinance changing election dates was not an attempt to extend elected officials’ power or a vehicle for making an end run around the will of voters. Miami’s counsel instead described how city officials sought cost savings and greater voter turnout by consolidating its general election with that of state and countywide elections.
The court said that while that may be a laudable goal, the method of doing so – passing an ordinance – was not permissible.
“... 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 both the city and the Miami-Dade County charters,” the court said. “Therefore, as the trial court properly declared, the ordinance is unconstitutional.”
