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.
n 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.”
https://www.caribbeannationalweekly.com/news/local-news/florida-attorney-general-says-miami-election-delay-proposal-requires-voter-approval/