Florida Attorney General says Miami election delay proposal requires voter approval

Florida Attorney General James Uthmeier has issued a formal opinion declaring that the City of Miami cannot legally postpone its municipal elections to 2026 without first getting voter approval — a major roadblock to a controversial proposal championed by Commissioner Damian Pardo. In a written opinion released Wednesday, Uthmeier said the proposed change would violate Florida statutes and the state constitution. The move, he wrote, would improperly extend the terms of the sitting mayor and commissioners until November 2026 without a referendum. “If the City of Miami is to amend its charter, either to move the date of the municipal elections or change the terms of office for the elected officials, then the change may only proceed by a vote of the electors, as described in Article VI, section 6.03 of the County's Home Rule Charter,” Uthmeier said in response to an inquiry from Commissioner Miguel Angel Gabela. The Attorney General added, “The ‘exclusive’ language of the 1885 Constitution in section 11(1)(g) prohibits charter amendments from proceeding by any method other than the one prescribed in the Home Rule Charter. The electorate of the City of Miami, by way of the County's provisions in the County Charter, has a direct role in amending its charter; ignoring this procedure would render meaningless the applicable provisions of the 1885 Florida Constitution." Florida Gov. Ron DeSantis publicly praised the Attorney General’s stance. “.@AGJamesUthmeier is right that city of Miami politicians do not have the authority to cancel this year's elections and extend their terms in office without voter approval,” the governor tweeted Thursday. Prospective mayoral candidate Emilio T. Gonzalez also backed the ruling, calling it a defense of democratic principles. “I want to thank Attorney General James Uthmeier for defending the rule of law and the right of Miami voters,” Gonzalez said. “The Florida Attorney General's opinion makes clear that voters are the ultimate decision-makers in shaping the policies that affect their lives. As recently as last November, Miami voters exercised their power by voting to change the election dates for runoff candidates. We should trust their good judgment and allow them to have a say on this matter as well.” Despite the legal opinion and growing opposition, Commissioner Pardo—who is the official sponsor of the legislation—is not backing down. “We are in receipt of the Attorney General’s letter regarding our item on the City Commission agenda to change the dates of the City’s election from odd to even years,” Pardo said in a statement. “We have immense respect for the Office of the Attorney General; however, the stated opinion is not a mandatory precedence in the State of Florida and is regarded as persuasive. “Fortunately, the Third District Court of Appeal, which is mandatory precedence, has issued a ruling which may fully address these issues.” The Miami City Commission is scheduled to take a preliminary vote on the measure next week. If passed, it would delay this year’s municipal election and give current elected officials—including term-limited Mayor Francis Suarez—an additional year in office. Suarez has been privately lobbying in support of the measure, according to Miami Herald reporting.

Mayoral candidate Michael Hepburn, of Bahamian roots, citing concerns over the proposal, announced he is temporarily suspending his campaign to launch a recall effort against Commissioner Pardo. Hepburn called the measure “undemocratic” and said it threatens voting rights.