North Miami Mayor Alix Desulme disqualified from reelection bid over cashier’s checks
Key Points(5)
- lawsuit over cashier’s checks has led to the disqualification of incumbent North Miami Mayor Alix Desulme from next month’s election, effectively handing victory to his sole opponent.
- That opponent is George Morgan, who filed an emergency complaint in Miami-Dade County court on Oct.
- 8 alleging Desulme was ineligible to run because he paid his candidate qualifying fees with two cashier’s checks from TD Bank rather than from his “candidate campaign account.” The mayor disputed the premise of the lawsuit, saying the check was drawn from his campaign account.
- He also denied being served with the suit and said his opponent didn’t have “clean hands,” accusing Morgan of underpaying his own qualifying fees by 80 cents.
- Desulme’s attorney, Ben Kuehne, told the Miami Herald his client was disappointed in the ruling and would be appealing it, in addition to filing a counterclaim against Morgan for the 80-cent shortage.
North Miami Mayor Alix Desulme has been disqualified from the Nov. 3 election after a Miami-Dade County judge ruled that he improperly paid his candidate qualifying fees with cashier’s checks.
Circuit Judge Beatrice Butchko Sanchez issued the ruling Monday evening, siding with mayoral candidate George Morgan, who filed an emergency complaint on Oct. 8 challenging Desulme’s eligibility to seek reelection.
Morgan argued that Desulme violated Florida election law by paying his qualifying fees with two cashier’s checks rather than checks drawn directly from his campaign account.
Under Florida law, qualifying fees must be paid from a candidate’s campaign account and signed by the campaign treasurer. Desulme submitted two cashier’s checks on Aug. 10, one for $4,494 and another for $898.80.
In her ruling, Butchko Sanchez rejected the argument that the payment method was a minor technical error that could be overlooked under the legal doctrine of substantial compliance.
“The Court does not wish to disenfranchise any voter,” the judge wrote. “The Court therefore considered whether the doctrine of substantial compliance — in other words, ‘no harm, no foul’ — could excuse the defect. It cannot.”
Desulme’s disqualification leaves Morgan as the only remaining candidate in the mayoral race, potentially clearing the way for him to assume the office.
Desulme has disputed the basis of the challenge, maintaining that the funds came from his campaign account. He also questioned Morgan’s own compliance with the qualifying requirements, accusing his opponent of underpaying his qualifying fees by 80 cents.
Ben Kuehne, Desulme’s attorney, told the Miami Herald that the mayor was disappointed with the decision and planned to appeal. Kuehne also said his client would file a counterclaim against Morgan over the alleged 80-cent shortfall.
“The mayor, given his experience not only as mayor but as clerk, knows that the city of North Miami has always viewed its qualification procedure differently than the state statute, including the payment of the qualifying fee, and has not turned down qualified fees by cashier’s checks in the past,” Kuehne said.
The city of North Miami declined to comment on the ruling. The city’s legal counsel had previously declined to take a position on the dispute but expressed general opposition to removing candidates from the ballot, emphasizing the importance of protecting residents’ rights to vote and run for office.
Desulme may seek an emergency stay of the ruling while pursuing an appeal. The decision came as early voting began Monday in Miami-Dade County.
Desulme’s public service career includes a historic milestone in 2009, when he became North Miami’s first Black city clerk and, according to his biographical information, the youngest Haitian American to hold such a position in the United States.
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