Appeals court rules Miami cannot delay elections until 2026 – NBC 6 South Florida

Miami commissioners cannot delay the city’s elections until next year, an appeals court said Thursday.

In a 27-page decision, the Florida Third District Court of Appeals ruled that that an ordinance passed by commissioners last month to move Miami’s election to 2026 is unconstitutional.

Mayoral candidate Emilio Gonzalez had sued the city over the matter, and a lower court sided with him before the city appealed.

In its decision, the appeals court said voters should decide whether the election should be moved.

“…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 decision said. “Therefore, as the trial court properly declared, the Ordinance is unconstitutional.”

Three judges on the appeals court heard arguments from Dwayne Robinson, the city’s attorney, on Tuesday.

Miami commissioners, back in June, in a 3 to 2 vote, passed an to move elections to even years.

According to Commissioner Damian Pardo, the ordinance was intended to lineup local races with presidential and gubernatorial elections to increase voter participation from the approximate 10% turnout to something closer to the 60 to 70% range.

Commissioners Mike Gabela and Joe Carollo voted against the ordinance.

One controversial aspect of the item is that elected officials get an extra year in office, which rubbed some voters the wrong way since commissioners and mayors serve four-year terms instead of five.