A mere 80-cent discrepancy and the use of a cashier's check instead of a campaign check have cost North Miami Mayor Alix Desulme his spot on the November 3rd ballot, thwarting his re-election efforts.
On Monday, Miami-Dade Circuit Judge Beatrice Butchko Sanchez issued a ruling disqualifying Desulme as a candidate. This decision followed an emergency lawsuit filed on October 8 by his sole opponent, George Morgan.
The Error That Led to Disqualification
The issue originated on August 10 when Desulme submitted his qualifying fees using two cashier's checks from TD Bank: one for $4,494 and another for $898.80, as reported by local media.
According to Florida Statutes section 99.061(7)(a)1, these payments must be made using a check drawn directly from the candidate’s campaign account and signed by the campaign treasurer. Cashier's checks issued by the bank do not meet this requirement.
In her ruling, the judge acknowledged not wanting to disenfranchise voters but concluded that the irregularity was irreparable.
"The court does not wish to deny any voter their right to vote. Therefore, it considered whether the doctrine of substantial compliance—essentially 'no harm, no foul'—could excuse the defect. It cannot," she stated.
Reading the decision aloud at the Osvaldo N. Soto Justice Center, she was unequivocal: "He must be disqualified as a candidate for mayor."
Morgan Elected by Default
With Desulme out of the race, there is no opposition.
The Miami-Dade Supervisor of Elections released a statement indicating:
"A candidate in the race for MAYOR has been disqualified, resulting in a contest with only one candidate. A vote cast in this contest will not change the outcome, as by law, the remaining candidate is deemed elected."
This notice will also be posted at all early voting centers in the county and included in mail-in ballots currently circulating.
The ruling coincided with the start of early voting in Miami-Dade, complicating matters as more than 1,300 North Miami voters had already mailed their ballots prior to the decision, rendering those votes practically ineffective.
The Appeal and Counteraction
Desulme’s attorney, Benedict P. Kuehne, announced plans to appeal the decision and file a countersuit against Morgan, citing an 80-cent shortfall in Morgan's own qualifying payment.
Kuehne also pointed out that North Miami has historically accepted cashier's checks for such payments:
"The mayor, given his experience not only as mayor but as city clerk, knows that the city of North Miami has always interpreted its qualifying procedure differently from the state statute and has never rejected fees paid with cashier's checks."
In a statement, Kuehne described Morgan’s lawsuit as an attempt to "sabotage the electoral process, undermine democracy, and prevent voters from casting their vote for their mayor," noting that Morgan's filing was submitted past the qualifying deadline, which closed at noon on August 20.
The ruling has also sparked frustration among residents.
"It’s not fair to the residents of North Miami. It’s not fair to the community. It’s not even fair to George," a voter expressed to Local 10 News.
What's Next for Desulme?
For the appeal to have a tangible impact, Desulme would need to secure an emergency stay before November 3, the election date.
The deadline to request a mail-in ballot in the county is this Thursday.
If the decision is neither reversed nor stayed, George Morgan will become the next mayor of North Miami without voters having a choice between candidates at the polls.
Understanding the Disqualification of North Miami's Mayor
Why was Mayor Alix Desulme disqualified from the election?
Mayor Alix Desulme was disqualified due to using cashier's checks instead of a campaign check for his qualifying fees, which is not compliant with Florida election statutes.
What impact does Desulme's disqualification have on the election?
With Desulme disqualified, his opponent George Morgan is left unopposed and will be declared the winner without a vote being necessary.
Can Desulme appeal the court's decision?
Yes, Desulme's attorney has announced plans to appeal the decision. However, an emergency stay would be necessary for the appeal to affect the upcoming election.