Miami-Dade Circuit Court Judge Peter Lopez heard arguments Monday in a fast-moving lawsuit that could reshape Miami’s District 3 runoff election.
A second hearing is set Wednesday, when Lopez expects to issue a ruling.
At issue is a lawsuit filed by three Miami residents, one of whom hopes to take former Miami Commissioner Frank Carollo’s spot on next month’s runoff ballot, seeking to enforce voter-approved term limits.
The measure, which applies retroactively, caps service at two terms as Mayor or City Commissioner. It passed last week with 79% support.
On the same day voters OK’d the change, Carollo — who served on the City Commission from 2009 to 2013 and from 2013 to 2017 — led a crowded District 3 race with about 38% of the vote, advancing to a Dec. 9 runoff against restaurant manager Rolando Escalona.
But the plaintiffs, including third-place finisher Oscar Alejandro, contend the new limits immediately disqualify Carollo, since he served two full terms already. They’re asking Lopez to boot Carollo from the ballot and replace him with Alejandro.
Notably, one of the plaintiffs’ lawyers, former Rep. Juan-Carlos “J.C.” Planas, successfully defended Escalona from an attempt last month to disqualify him in the race due to questions over his residency.
Carollo’s lawyers, meanwhile, countered that the referendum language didn’t specify whether it applies to candidates on the same ballot. They argued that retroactively excluding their client would violate constitutional protections and disenfranchise voters who already cast ballots for him.
The “appropriate mechanism,” lawyer Robert Fernandez said, would be to challenge the outcome of the runoff through standard post-election procedures.
An attorney for the Miami-Dade Supervisor of Elections cautioned that the case could have logistical consequences. Ballots for the city’s 9 runoff, which also includes the mayoral runoff between former Miami-Dade Commissioner Eileen Higgins and ex-City Manager Emilio González, are already being printed.
He said reprogramming and retesting ballots to reflect any changes in the District 3 lineup could delay distribution of mail-in ballots, which are scheduled to go out Nov. 17.
A decision Wednesday won’t likely be the end of the matter, as the losing side could appeal the ruling.
Carollo and Escalona, who took about 17% of the vote in the eight-person contest, are competing to replace term-limited Commissioner Joe Carollo, Frank Carollo’s older brother. Frank Carollo held the seat immediately before him.
Both Carollos and Escalona are registered Republicans. Alejandro, a U.S. Navy veteran, is a registered Democrat.
City races are technically nonpartisan, but party politics are frequently still a factor.
