South Florida

For the second time, appeals court blocks Miami’s effort to delay election

Alan Lawson, attorney for Emilio González, points to a printed 1855 Miami Constitution during a hearing at the Third District Court of Appeal for a case González brought against the City of Miami on Tuesday, July 29, 2025, in Miami. A lower court judge ruled in favor of González, declaring the city's ordinance to be unlawful. The judge said changing the election date requires amending the City Charter, which requires voter approval. The city appealed the decision.
Alan Lawson, attorney for Emilio González, points to a printed 1855 Miami Constitution during a hearing at the Third District Court of Appeal for a case González brought against the City of Miami on Tuesday, July 29, 2025, in Miami. A lower court judge ruled in favor of González, declaring the city's ordinance to be unlawful. The judge said changing the election date requires amending the City Charter, which requires voter approval. The city appealed the decision. askowronski@miamiherald.com

The city of Miami has lost its latest bid to postpone the November 2025 election to 2026.

On Friday afternoon, Florida’s Third District Court of Appeal denied the city’s request for a rehearing in the election lawsuit brought by mayoral candidate Emilio González, who sued in June after the City Commission passed an ordinance postponing the election to next year.

This month, the Third DCA upheld a lower court’s ruling finding the city’s decision to postpone the election via ordinance and without voter approval to be unconstitutional. That prompted the city to ask for a rehearing en banc, meaning before the entire appellate court rather than a three-judge panel.

In their ruling Friday, the judges did not provide an explanation for the denial.

The ruling deals the latest blow to the city’s quest to postpone the election. The measure’s proponents in City Hall, mainly Commissioner Damian Pardo and Mayor Francis Suarez, have argued that moving from odd- to even-year elections will increase voter turnout while cutting election costs.

But critics have called the city’s move a power grab, arguing it’s undemocratic to change an election date without voter input. The change would give the city’s current elected officials an extra year in office, even Suarez and Commissioner Joe Carollo, who are both termed out at the end of the year. Carollo voted against the change.

Mayor Francis Suarez, right, talks to City Attorney George Wysong in the first row during a hearing at the Third District Court of Appeal for a case Emilio González brought against the City of Miami on Tuesday, July 29, 2025, in Miami.
Miami Mayor Francis Suarez, right, talks to City Attorney George Wysong in the first row during a hearing at the Third District Court of Appeal for a case Emilio González brought against the City of Miami on Tuesday, July 29, 2025, in Miami. Alie Skowronski askowronski@miamiherald.com

With one week to go before candidate qualifying begins, it’s unclear if the city will seek to have the case heard before the Florida Supreme Court. City Attorney George Wysong and attorney Dwayne Robinson, whom the city hired as outside counsel in the case, did not immediately respond to questions asking about the city’s next steps.

González, whose lead attorney in the case is a former Florida Supreme Court justice, said he doesn’t think the city would have any success if it chose to go to the state’s highest court.

“The chances of them winning there are probably zero,” González, a former Miami city manager, said Friday in light of the latest ruling.

He added that the city is using “house money” to litigate the case.

“I’m paying for it, you’re paying for it, and they just don’t want to let it go,” González said. “It’s almost like they’re purposely wasting taxpayer money.”

The appellate court’s denial leaves the city in a state of limbo as November quickly approaches. Miami residents are expected to cast their votes for a new mayor and two city commissioners in about two months, with candidate qualifying scheduled to run from Sept. 5 to Sept. 20.

The city clerk’s office and the Miami-Dade Elections Department have told the Miami Herald that they are proceeding as if the election is taking place on Nov. 4 of this year.

This story was originally published August 29, 2025 at 5:23 PM.

Tess Riski
Miami Herald
Tess Riski covers Miami City Hall. She joined the Miami Herald in 2022 and has covered local politics throughout Miami-Dade County. She is a graduate of Columbia Journalism School’s Toni Stabile Center for Investigative Journalism.
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