Judge rules North Miami Mayor Alix Desulme disqualified from Nov. 3 ballot over how qualifying fees were paid

A Miami-Dade circuit judge ruled Monday, Oct. 19, that North Miami Mayor Alix Desulme is disqualified as a candidate in the city's Nov. 3 mayoral election, according to WPLG Local 10 and Caribbean National Weekly. Both outlets identify the judge as Circuit Judge Beatrice Butchko Sanchez.¹² NBC 6 South Florida, citing court records, also reported that Desulme was disqualified.³ SignalData could not open the court order or the case docket, and the case number has not been published in the reports reviewed.

Caribbean National Weekly reported that the case was brought by George Morgan, the only other candidate for mayor, in an emergency complaint filed Oct. 8.² The ruling came on the first day of early voting in Miami-Dade County.²

The payment at issue

Caribbean National Weekly and Hoodline reported that Desulme paid his qualifying fees with two TD Bank cashier's checks dated Aug. 10, for $4,494 and $898.80.²⁴ Those amounts match the city's published fees for mayor: a $4,494.00 filing fee, which the city lists as 5% of the office's salary, and an $898.80 election assessment, listed as 1%.⁵

North Miami's election code says the qualifying fee is to be paid "by a check drawn on the candidate's campaign account payable to the City of North Miami."⁶ The code does not mention cashier's checks. It also says state election law applies where the city ordinance is silent.⁶ State law for federal, state, county and district offices requires "a properly executed check drawn upon the candidate's campaign account."⁷ In a February 2024 decision in a Riviera Beach City Council case, Spiritis v. Botel, Florida's 4th District Court of Appeal held that a cashier's check did not meet that requirement.⁸

Hoodline, citing other reporting, said the judge rejected an argument that Desulme had substantially complied with the rule.⁴ Caribbean National Weekly quoted the order as saying, "The Court does not wish to disenfranchise any voter."²

What each side says

Desulme's attorney, Benedict P. Kuehne, said in a statement reported by NBC 6 that the mayor "followed all requirements of the North Miami Code pertaining to elections" and that "He intends to appeal."³ Local 10 reported Oct. 20 that Desulme also asked the court to reopen qualifying for a Dec. 1 special election.⁹ Caribbean National Weekly reported that Desulme's side says the money came from his campaign account and that he disputes being served with the suit.² SignalData did not find a public statement from Morgan in the reports reviewed.

The ballot

Miami-Dade County's master ballot for the Nov. 3 election lists both Alix Desulme and George Morgan for North Miami mayor.¹⁰ For a separate North Miami race, the county has posted a notice to voters saying votes for a removed City Council District 2 candidate will not count.¹¹ SignalData did not find a comparable county notice for the mayor's race as of Oct. 21.

The city code says that if the death, withdrawal or removal of a qualified candidate after the qualifying period leaves only one candidate for an office, "the remaining candidate shall be declared elected and no election for that office shall be required."⁶ No official record reviewed by SignalData says whether or when that provision applies while an appeal is possible.

What the records do not show

• SignalData has not seen the court's written order; the ruling's date, the judge's name and the quoted language come from news reports.
• The records do not show whether votes cast for Desulme will be counted, or whether any notice to North Miami voters about the mayor's race has been issued.
• The reports reviewed do not show the source of the funds used to buy the cashier's checks beyond what Desulme's side has said.