A Miami-Dade Circuit Court judge is set to decide Wednesday whether former Miami Commissioner Frank Carollo can stay on the ballot in next month’s District 3 runoff election, following the city’s newly approved lifetime term limits.

Judge Peter Lopez heard arguments Monday in a fast-moving case that could reshape the December 9 runoff. The lawsuit, filed by three Miami residents, seeks to enforce the new term-limit measure passed by voters last week with an overwhelming 79% support.

The amendment, which applies retroactively, restricts any individual to two lifetime terms as either mayor or city commissioner.

Plaintiffs Argue Carollo Is Disqualified

Among the plaintiffs is Oscar Alejandro, who finished third in the Nov. 5 election and hopes to take Carollo’s place on the ballot. They argue that Carollo, who served two full terms from 2009 to 2017, is ineligible to run again under the new rule.

Their attorney, Juan-Carlos “J.C.” Planas, a former state representative, previously defended Carollo’s opponent Rolando Escalona against a separate challenge over residency issues last month.

Planas and his team contend that the new limits took effect immediately upon voter approval, meaning Carollo should be removed from the ballot and replaced by Alejandro.

Defense Says Removal Would Violate Voter Rights

Carollo’s lawyers pushed back, arguing that the ballot language did not specify whether the new limits applied to current candidates. They claim disqualifying Carollo after the first round would violate constitutional protections and disenfranchise voters who already supported him.

“The proper avenue,” attorney Robert Fernandez argued, “would be to challenge the runoff’s outcome through post-election procedures, not to remove him now.”

Election Officials Warn of Delays

An attorney for the Miami-Dade Supervisor of Elections cautioned that changing the ballot at this stage could create logistical headaches. Runoff ballots — including those for the city’s mayoral race between Eileen Higgins and Emilio González — are already being printed.

Reprogramming and retesting ballots to reflect any change in the District 3 contest could delay the mailing of ballots, currently scheduled to go out November 17.

What’s Next

Judge Lopez is expected to issue his decision Wednesday, but the ruling likely won’t be the end of the legal fight. The losing side is expected to appeal.

Carollo and Escalona, both registered Republicans, are vying to succeed Joe Carollo, Frank Carollo’s older brother, who is stepping down due to term limits. Alejandro, a U.S. Navy veteran and registered Democrat, finished just behind Escalona in the first round.

Though city elections are officially nonpartisan, party affiliations continue to shape much of Miami’s political landscape.