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Miami's decision to postpone 2025 election without voter approval unconstitutional, judge rules

Miami judge rules against postponing election
Miami judge rules against postponing election 02:17

A Miami-Dade circuit judge ruled Monday that the City of Miami's decision to postpone its elections to 2026 without voter approval was unconstitutional.

In a narrow 3–2 vote last month, Miami commissioners approved a measure to postpone the 2025 municipal elections until November 2026.

City Attorney George Wysong defended the move, citing a Florida statute that allows municipalities to align local elections with countywide or statewide votes.

Back to the future?

Xavier Suarez, 76, the first Cuban-born mayor of Miami and father of current Mayor Francis Suarez, told CBS News Miami Monday afternoon that he plans to file paperwork to run for mayor again in the upcoming 2025 election.

"I'm energized," Suarez said in an interview with , a news partner of CBS News Miami.

Miami mayoral candidate sues over election change

Former Miami City Manager Emilio Gonzalez filed a lawsuit against the city, claiming officials were unlawfully blocking his bid to run for mayor by postponing the 2025 election and giving current elected officials an extra year in office. 

Gonzalez had asked the court to find the city's ordinance "unlawful and invalid."

On Monday, Judge Valerie Manno Schurr issued a written opinion on his lawsuit. She noted that the general law statutes do not grant the city the authority to enact their ordinance.

After the judge issued her ruling, Gonzalez said in a statement that term-limited Mayor Francis Suarez and Commissioner Joe Carollo will have to vacate their positions in November, and future election schedules will remain unchanged unless modified by a vote of the people.

"This is not just a victory for me — it is a triumph for all voters in the City of Miami and across Miami-Dade County who believe in upholding our charter and the rule of law," Gonzalez said. "Local governments, like all citizens, must respect the rule of law, stay within the limits of their authority, and honor the foundations of our democratic republic, where power rests with the people.

Miami-Dade County Commissioner and Miami mayoral candidate Eileen Higgins also praised the judge's decision to restore the November 2025 elections. 

"Today's court decision is a clear victory for democracy and for every Miami resident who believes elections should be decided by the people—not politicians. I've said from the start: moving elections must be done the right way, through a transparent process and with voter approval," she said in a statement.

Read the judge's ruling below. 

by on Scribd

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