Miami’s newly approved term limits are off to a rocky start.
A Miami-Dade Judge has ruled that former City Commissioner Frank Carollo can remain on the ballot for Miami’s Dec. 9 runoff, allowing him to continue his bid to reclaim the District 3 seat he held from 2009 to 2017.
The decision Wednesday by Judge Peter Lopez came after voters overwhelmingly approved a lifetime limit of two four-year terms for City Commissioners and Mayors, a measure some argued made Carollo ineligible to run again.
Carollo led the Nov. 4 race with 38% of the vote, but fell short of the majority need to win outright, placing him on the runoff ballot with restaurant manager Rolando Escalona, a fellow Republican.
Three Miami voters, including third-place District 3 finisher Oscar Alejandro, filed a lawsuit last week to have Carollo disqualified, claiming the referendum’s restrictive language barred him from office.
Their lawyer, former state Rep. J.C. Planas, argued that Carollo became ineligible as soon as the measure passed. Carollo’s lawyer, Robert Fernandez, countered that such an interpretation was unconstitutional and would disenfranchise voters who supported both Carollo and the referendum.
In his ruling, Lopez said Carollo had qualified for the race months before the referendum took effect and that, accordingly, the court would not interfere with an ongoing election. He added that voters, not the judiciary, should decide Carollo’s fate and that the outcome would reflect the will of the people.
In a joint statement, Alejandro and co-plaintiffs Victor Milanes and Alex Almirola called the ruling “deeply disappointing” and permissive to a “revolving door of politicians cycling through public office.”
Carollo is running to succeed his brother, Commissioner Joe Carollo, who has held the District 3 seat since 2017.
“By failing to uphold the measure exactly as written, the court has undermined the will of the voters and weakened the mandate for reform that Miami residents so clearly demanded at the ballot box. This decision does not just impact one election — it undermines confidence in our city’s democratic process and the principle that the people’s voice should be final,” the plaintiffs said.
“We remain steadfast in our commitment to defending the will of Miami’s voters and will remind voters in District 3 that Eight Years is Enough. Referendum 4 must be enforced according to the law and the clear, unambiguous intent of the electorate. Miamians spoke decisively for change, and we will not stop until that change is fully realized.”
Also on the runoff ballot is a race for Miami Mayor between former Miami-Dade Commissioner Eileen Higgins, a Democrat, and ex-City Manager Emilio González, a Republican.
Miami’s elections are technically nonpartisan, but party politics are frequently still a factor.
