**Miami Term Limits Off to a Rocky Start as Judge Keeps Former Commissioner on Ballot**
Miami’s newly approved term limits are already facing hurdles, as a Miami-Dade judge has ruled that former City Commissioner Frank Carollo may remain on the ballot for the upcoming Dec. 9 runoff election. This decision allows Carollo to continue his bid to reclaim the District 3 seat he previously held from 2009 to 2017.
The ruling, issued Wednesday by Judge Peter Lopez, comes on the heels of a voter-approved measure imposing a lifetime limit of two four-year terms for City Commissioners and Mayors. While some argued this change made Carollo ineligible, Judge Lopez disagreed.
Carollo led the initial Nov. 4 race with 38% of the vote but failed to secure a majority, forcing a runoff against restaurant manager Rolando Escalona, a fellow Republican.
Last week, three Miami voters—including Oscar Alejandro, the third-place District 3 finisher—filed a lawsuit seeking Carollo’s disqualification. They claimed that the referendum’s language barred him from holding office again. Their attorney, former state Rep. J. C. Planas, argued that Carollo became ineligible the moment the measure passed.
Carollo’s attorney, Robert Fernandez, countered that disqualifying Carollo based on the referendum would be unconstitutional and would disenfranchise voters who supported both Carollo and the term limits measure.
In his decision, Judge Lopez stated that Carollo had already qualified for the race months before the referendum took effect. As such, the court would not intervene in an ongoing election. He emphasized that it should be up to the voters—not the judiciary—to decide Carollo’s fate, saying the outcome will 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 said it allows for 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,” the plaintiffs said. “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 vowed to continue advocating for enforcement of Referendum 4, which limits officeholders to eight years. “Miamians spoke decisively for change, and we will not stop until that change is fully realized,” they added.
Also on the Dec. 9 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. Although Miami’s elections are officially nonpartisan, party politics are still a significant factor.
https://floridapolitics.com/archives/765304-frank-carollo-to-remain-on-miami-runoff-ballot-after-judges-ruling/
