Miami-Dade County

Read the appeals court ruling that says Miami election delay is ‘unconstitutional’

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, an 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. askowronski@miamiherald.com

On Thursday, Florida’s Third District Court of Appeal upheld a ruling from a lower court that found the city of Miami’s decision to postpone the scheduled November 2025 election to 2026 without voter approval was unconstitutional.

The ruling was issued in response to a lawsuit filed by mayoral candidate Emilio González, who sued last month after the Miami City Commission voted 3-2 to postpone the election to 2026 via ordinance, rather than through a ballot referendum.

Last week, a Miami-Dade Circuit Court judge ruled that the city’s ordinance was unlawful. The city quickly appealed, sending the case up to the appellate court.

The Third DCA ruling landed just two days after a three-judge panel heard oral arguments from both sides.

For much of the hour-long hearing, Judges Kevin Emas, Monica Gordo and Fleur Lobree pushed back against the city.

Read the 27-page opinion for yourself at the bottom of this story:

This story was originally published July 31, 2025 at 3:24 PM.

Follow More of Our Reporting on City of Miami

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.
Get unlimited digital access
#ReadLocal

Try 1 month for $1

CLAIM OFFER