Jesse Scheckner
If Miami moves forward with a plan to delay its November election, expect legal action from the state, Attorney General James Uthmeier says.
In a letter to Mayor Francis Suarez and the City Commission, Uthmeier warned that a proposed ordinance to punt this year’s Miami election to 2026 without voter approval is unconstitutional and violates the Miami-Dade County Home Rule Charter.
“The State will not tolerate such an unconstitutional deviation,” Uthmeier wrote, adding that his office would “consider taking all available actions” to stop the change from taking effect.
“You should immediately cease the process of enacting the ordinance to move the date of municipal elections and change the terms of office for elected officials in the City of Miami. The citizens of Miami deserve — and are entitled to — the right to make this decision, directly.”
Miami Commissioners voted 3-2 last week to advance an ordinance by Damian Pardo that would move the city’s General Elections to even-numbered years.
The change would align Miami’s elections with state and federal races, likely cutting costs while boosting turnout.
It would also give current officeholders an extra year in office — a move critics like Commissioner Miguel Gabela and some of the 17 people running for elected city posts this year contend equates to a power grab that would disadvantage non-incumbents and grassroots candidates while burying local issues and candidates under higher-profile contests.
One mayoral candidate, Michael Hepburn, has threatened to sue the city over the issue.
Uthmeier’s letter contradicts a June 12 legal memo Miami City Attorney George Wysong issued at Pardo’s request citing three state statutes he contended “confer authority to change the date of a municipal election by ordinance.”
That included Florida Statute 101.75(3), which provides, “Notwithstanding any provision of local law or municipal charter, the governing body of a municipality may, by ordinance, move the date of any municipal election to a date concurrent with any statewide or countywide election.”
Uthmeier said it’s more complicated than that, citing protections from state preemption that Miami-Dade enjoys under its Home Rule Charter as outlined in Article VIII, Section 6 of the 1968 Florida Constitution.
Article VI, Section 6.03 of Miami-Dade’s charter requires any change to the charter of a municipality within its bounds — including a permanent shift of election dates — to be approved by voters.
“The City of Miami’s own charter obligates it to follow the procedures outlined in Section 6.03 of the County Charter,” Uthmeier said. “Attempting to effect this change by a simple vote of the Miami City Commission alone would clearly circumvent the terms of the County Charter and would therefore be invalid.”
Wysong’s opinion cited the 2023 case Medina v. City of North Miami, in which a court sided with North Miami for moving its elections from May 2022 to November 2024, to support his opinion.
Uthmeier argued the case lacks precedential value, noting it was a “trial court decision,” and said the court and parties involved did not even raise Miami-Dade’s home rule protections during the trial.
Wysong also pointed to five Attorney General opinions between 2000 and 2019 supporting the Medina decision, adding that a June 11 opinion Uthmeier published about the issue “is misguided.”
“Interestingly, this new opinion does not address the other Attorney General Opinions dating back nearly a quarter century,” he said. “Put simply, the Florida Attorney General is now of the opinion that the Miami-Dade County Charter trumps (state law).”
Uthmeier fired back that his opinion trumps those issued by his predecessors on this matter, since the others Wysong referenced “addressed cities and localities not governed by any unique constitutional provision.”
Pardo and fellow Commissioners Christine King and Ralph Rosado voted for moving Miami elections to even-numbered years. Gabela and Joe Carollo, frequent foes on the five-person dais, voted against the change.
Suarez, who faces term limits in November after serving 16 years in office, has been lobbying behind the scenes in favor of the delay, the Miami Herald reported.
A second and final vote on Pardo’s ordinance and another he’s sponsoring to impose lifetime term limits on Miami officials is scheduled for June 26.
