In a stinging rebuke to city officials, a state appeals court ruled Thursday that the City of Miami violated its own charter by postponing the 2025 race for mayor and some city commission seats without voter approval—clearing the way for the election to proceed this November.
Florida’s Third District Court of Appeal upheld a lower court ruling that struck down an ordinance passed by the City Commission, in a controversial 3-2 vote, in July.
The ordinance, sponsored by Miami District 2 Commissioner Damian Pardo, sought to delay the election by one year to align city elections with state and county cycles. The move would have extended the terms of current city officials by 12 months.
The city argued that the ordinance merely changed the city code—not the charter, which mandates elections in odd-numbered years. But the court rejected that argument, finding the action was effectively a charter amendment, which under the law requires voter approval.
“Relabeling the Ordinance does not alter its substantive character,” wrote Judge Monica Gordo. “It is, in truth, a charter amendment dressed in lesser clothes — fragrant in title but thorned with consequence.”
The court concluded that the city “may not enact an ordinance which effectively amends its Charter without submission of the issue to the will and vote of its constituents by referendum.”
The decision is a legal victory for mayoral candidate Emilio González, a former city manager who sued to block the ordinance last month. A Miami-Dade circuit judge had earlier sided with González, calling the measure unlawful.
Several candidates had already filed to run for mayor, including González, former Miami District 2 Commissioner Ken Russell, and County Commissioner Eileen Higgins and former Miami Mayor Xavier Suarez.
Once again it’s taken a lawsuit to be brought to the attention of a wise judge in order to overturn three Commissioners and get justice for our citizens.