Florida Legal professional Common James Uthmeier has issued a proper opinion declaring that the Metropolis of Miami can’t legally postpone its municipal elections to 2026 with out first getting voter approval — a serious roadblock to a controversial proposal championed by Commissioner Damian Pardo.
In a written opinion launched Wednesday, Uthmeier stated the proposed change would violate Florida statutes and the state structure. The transfer, he wrote, would improperly prolong the phrases of the sitting mayor and commissioners till November 2026 with out a referendum.
“If the Metropolis of Miami is to amend its constitution, both to maneuver the date of the municipal elections or change the phrases of workplace for the elected officers, then the change might solely proceed by a vote of the electors, as described in Article VI, part 6.03 of the County’s Dwelling Rule Constitution,” Uthmeier stated in response to an inquiry from Commissioner Miguel Angel Gabela.
The Legal professional Common added, “The ‘unique’ language of the 1885 Structure in part 11(1)(g) prohibits constitution amendments from continuing by any technique aside from the one prescribed within the Dwelling Rule Constitution. The citizens of the Metropolis of Miami, by the use of the County’s provisions within the County Constitution, has a direct function in amending its constitution; ignoring this process would render meaningless the relevant provisions of the 1885 Florida Structure.”
Florida Gov. Ron DeSantis publicly praised the Legal professional Common’s stance. “.@AGJamesUthmeier is true that metropolis of Miami politicians would not have the authority to cancel this yr’s elections and prolong their phrases in workplace with out voter approval,” the governor tweeted Thursday.
Potential mayoral candidate Emilio T. Gonzalez additionally backed the ruling, calling it a protection of democratic ideas. “I wish to thank Legal professional Common James Uthmeier for defending the rule of legislation and the correct of Miami voters,” Gonzalez stated. “The Florida Legal professional Common’s opinion makes clear that voters are the last word decision-makers in shaping the insurance policies that have an effect on their lives. As not too long ago as final November, Miami voters exercised their energy by voting to alter the election dates for runoff candidates. We must always belief their common sense and permit them to have a say on this matter as effectively.”
Regardless of the authorized opinion and rising opposition, Commissioner Pardo—who’s the official sponsor of the laws—will not be backing down. “We’re in receipt of the Legal professional Common’s letter relating to our merchandise on the Metropolis Fee agenda to alter the dates of the Metropolis’s election from odd to even years,” Pardo stated in a press release. “We have now immense respect for the Workplace of the Legal professional Common; nevertheless, the said opinion will not be a compulsory priority within the State of Florida and is thought to be persuasive.
“Thankfully, the Third District Court docket of Enchantment, which is obligatory priority, has issued a ruling which can absolutely deal with these points.”
The Miami Metropolis Fee is scheduled to take a preliminary vote on the measure subsequent week. If handed, it could delay this yr’s municipal election and provides present elected officers—together with term-limited Mayor Francis Suarez—a further yr in workplace. Suarez has been privately lobbying in assist of the measure, in keeping with Miami Herald reporting.
Mayoral candidate Michael Hepburn, of Bahamian roots, citing considerations over the proposal, introduced he’s temporarily suspending his marketing campaign to launch a recall effort in opposition to Commissioner Pardo. Hepburn referred to as the measure “undemocratic” and stated it threatens voting rights.
