Florida attorney general says Miami can’t move election date without voter approval
Florida Attorney General James Uthmeier has issued a written opinion saying the city of Miami cannot push its election back to 2026 without first getting voter approval, potentially thwarting a proposal that’s slated to go before the City Commission for a preliminary vote on Tuesday.
On Wednesday, Uthmeier issued an opinion in response to an inquiry from Commissioner Miguel Angel Gabela asking whether the City Commission can push the upcoming November 2025 election to 2026 via ordinance rather than getting voter approval.
“If the City of Miami is to amend its charter, either to move the date of municipal elections or to change the terms of office for elected officials, then the change may only proceed by a vote of the elector,” Uthmeier wrote.
The city had been relying on a Florida statute that says municipalities can move an election date via ordinance in order to be “concurrent with any statewide or countywide election.”
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But in his opinion, Uthmeier said the city charter requires the change to go to voters via a ballot referendum. Depending on how the city decides to proceed, Uthmeier’s opinion could potentially set up the city for a battle with the state.
Reached for comment Wednesday, City Attorney George Wysong said: “We’re analyzing the letter and we are preparing an appropriate response.”
Commissioner Damian Pardo is sponsoring the proposal to move the city to even-year elections, where voter turnout is higher. But the change comes with fine print, as it would push the planned November 2025 election to 2026 and give the city’s current elected officials an extra year in office.
Gabela previously told the Miami Herald that there was a “95%” chance he’d vote no on the proposal to change the election date. In response to Uthmeier’s opinion Wednesday, Gabela said: “My mind is made up. I’m a no.”
“I understand that Commissioner Pardo is trying to do the right thing,” Gabela said. However, he added that “I don’t feel right doing this.” He also said it would be “unfair” to the candidates who have already filed for the November election.
Florida Gov. Ron DeSantis has also expressed uncertainty about the proposed change.
“I don’t know the details. I will just tell you I am highly skeptical of that plan,” DeSantis said when asked during a May 6 press conference in downtown Miami about the city possibly pushing its election to 2026.
Pardo did not immediately respond to a request for comment.
Candidates react
Former City Commissioner Ken Russell, who has filed paperwork to run for mayor in November, said in response to Uthmeier’s opinion that “voters must have the final say on any changes to our charter.”
“Elected officials cannot vote unilaterally to extend their own terms and skip elections,” Russell said in a text message. “This year’s election will happen, and the voters will choose new leadership for Miami.”
Former City Manager Emilio González, who is also a candidate for mayor, issued a statement thanking Uthmeier “for defending the rule of law and the rights of Miami voters.”
“The right to vote is a fundamental right that we must hold sacred,” González said. “The Florida Attorney General’s opinion makes clear that voters are the ultimate decision-makers in shaping the policies that affect their lives.”
This story was originally published June 11, 2025 at 5:54 PM.
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