Uthmeier Says Miami City Commission Can't Move Election Date Without Voter Support

Florida Attorney General James Uthmeier issued a written opinion Wednesday declaring that the City of Miami can't push back its election date to 2026 without first seeking voter approval. In his judgment, Uthmeier said that the change would violate Florida statutes and the State Constitution.

Specifically, any final change would extend the terms of the current mayor and commissioners until November 2026. The Miami City Commission has planned a preliminary vote on the change for next Tuesday.

Uthmeier issued his opinion in response to an inquiry by City Commissioner Miguel Angel Gabela.

"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.

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," Uthmeier added. "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."

The Floridian first questioned the proposal in May.

Seemingly unaware at the time, Gov. Ron DeSantis brushed off the changes' validity. But with it appearing to gain traction, DeSantis praised Uthmeier for his opinion on Wednesday.

".@AGJamesUthmeier is right that city of Miami politicians do not have the authority to cancel this year's elections and extend their terms in office without voter approval," DeSantis said.

Prospective Miami Mayor Emilio T. Gonzalez also thanked Uthmeier for his opinion.

"I want to thank Attorney General James Uthmeier for defending the rule of law and the right of Miami voters. The right to vote is a fundamental right that we must hold sacred," Gonzalez said. "The Florida Attorney General's opinion makes clear that voters are the ultimate decision-makers in shaping the policies that affect their lives. As recently as last November, Miami voters exercised their power by voting to change the election dates for runoff candidates. We should trust their good judgment and allow them to have a say on this matter as well."