Fact Check: Florida Attorney General Claims Miami Lacks Authority to Change Election Date!
What We Know
Recently, the Miami City Commission voted to postpone the upcoming November 2025 election to November 2026, transitioning from odd-year to even-year elections. This decision has been met with controversy, as critics argue that it allows current officials to extend their terms without voter consent. Florida Attorney General James Uthmeier issued a written opinion stating that the City of Miami does not have the authority to change the election date without voter approval, citing violations of Florida statutes and the State Constitution (Miami Herald, Floridian Press).
The city charter mandates that municipal elections occur in odd years, and any changes to this charter require voter approval (Miami Herald). Proponents of the change argue that it could significantly increase voter turnout, while opponents see it as a power grab by the current administration (Miami Herald).
Analysis
The claim that the Florida Attorney General asserts Miami lacks the authority to change the election date is supported by Uthmeier's formal opinion. He clearly stated that the city must seek voter approval for such a significant change, reinforcing the idea that the current commission's decision may not be legally valid (Floridian Press, NBC Miami).
However, the situation is complex. While the Attorney General's opinion carries weight, it is not legally binding unless enforced through a court ruling. The Miami City Commission's decision to change the election date reflects a broader debate about electoral reform and voter participation. Some city officials argue that aligning local elections with federal elections could enhance civic engagement, as turnout rates are generally higher in even-numbered years (Miami Herald).
Critics, including some city residents, argue that the commission's decision should have been put to a vote, emphasizing the importance of public input in such matters (Miami Herald). The reliability of the sources cited is generally high, with the Miami Herald being a reputable local news outlet, and the Florida Department of State providing official information regarding election laws and procedures (Division of Elections, Miami Herald).
Conclusion
The claim that the Florida Attorney General asserts Miami lacks the authority to change the election date is Partially True. While Uthmeier's opinion supports the assertion that the city must seek voter approval for such a change, the ultimate authority lies with the courts to enforce this opinion. The debate surrounding the election date change highlights significant concerns about governance and voter rights, making it a contentious issue in Miami's political landscape.
Sources
- Offices Up for Election and Retention in 2026
- Division of Elections - Florida Department of State
- Miami election date change to even years sparks debate - Miami Herald
- Uthmeier Says Miami City Commission Can't Move Election Date Without Voter Support
- Florida AG pushes back on Miami proposal to move elections to even years
- Florida's AG threatens City of Miami with legal actions if commissioners move forward with delaying elections
