Judge Disqualifies North Miami Mayor Alix Desulme From November Ballot Over Cashier's Checks, Leaving Race Unopposed

North Miami Mayor Alix Desulme has been disqualified from the Nov. 3 ballot after a Miami-Dade circuit judge ruled that he paid his candidate qualifying fees with cashier's checks rather than checks drawn on his campaign account. The ruling, issued Monday evening, Oct. 19, as early voting opened across Miami-Dade County, leaves challenger George Morgan as the only remaining candidate for mayor. Desulme's attorney says the mayor will appeal.

Miami-Dade County has posted a notice for North Miami voters stating that a candidate in the race for mayor "has been disqualified, resulting in an unopposed candidate race," according to NBC 6.

How the challenge unfolded

Morgan, an engineer, is Desulme's only opponent in the race. His attorneys first sent a demand letter to city officials on Oct. 6, a Tuesday, questioning how Desulme had paid his qualifying fees, Local 10 reported. The letter included a copy of a bank-signed cashier's check used for the payment and argued that Florida election law requires payment from a campaign account, with any check signed by the campaign treasurer. "The law is clear. The law wasn't followed," Morgan told the station at the time. He also pointed to the earlier disqualification of North Miami council candidate Hector Medina over a similar problem with a qualifying check.

When the city did not remove Desulme, Morgan went to court. At a first hearing last week, Kuehne argued that his client used campaign funds that happened to take the form of a cashier's check, which he called perfectly permissible, according to Local 10. The judge ordered Desulme's side to produce a bank affidavit showing the money came from the campaign account and set another hearing for Monday.

What the judge ruled

Circuit Judge Beatrice Butchko Sanchez read her ruling Monday at the Osvaldo N. Soto Miami-Dade Justice Center, siding with Morgan, who filed an emergency complaint on Oct. 8, the Miami Herald and Local 10 reported. At issue were two TD Bank cashier's checks that Desulme submitted on Aug. 10, one for $4,494 and one for $898.80. The judge found that neither counted as a check drawn on his campaign account and invalidated both.

Florida election law requires that the fee be paid from a campaign account and signed by the campaign's treasurer, Local 10 reported, while Desulme paid with bank-issued cashier's checks.

The judge also considered whether the legal doctrine of substantial compliance, which can excuse technical defects that cause no harm, could save Desulme's candidacy. She concluded it could not. "He shall be disqualified as a candidate for mayor," she said as she read the decision, according to Local 10 News. The Herald reported that she also wrote that the court did not wish to disenfranchise any voter.

The mayor's response

Desulme's attorney, Benedict P. Kuehne, said the mayor is "disappointed with today's ruling disqualifying him from seeking reelection," according to NBC 6. Kuehne said Desulme intends to appeal and argued that the mayor followed all requirements of the North Miami code. He also contended that it was unfair that Morgan's filing came late, after the qualifying period had closed, NBC 6 reported.

In court, Kuehne argued that the city charter requires only that the money come from a campaign account, which he said it did, according to the Herald and Local 10. He told the court the city's qualifying procedure differs from the state statute, including on how fees are paid, and that North Miami has not rejected qualifying fees paid by cashier's check in the past. Desulme also said he was never served with the lawsuit, the Herald reported.

The 80-cent dispute

Accounts differ on who came up 80 cents short. NBC 6 reported that Desulme's cashier's check payment was 80 cents short. The Miami Herald and Local 10 reported that it was Desulme's side, beginning at last week's hearing, that accused Morgan of underpaying his own qualifying fees by 80 cents, arguing that Morgan lacked clean hands to bring the challenge. According to the Herald, Kuehne said Desulme would file a counterclaim over Morgan's alleged shortfall. The Florida Press could not independently review the court filings to resolve the discrepancy.

The city's position

The City of North Miami declined to comment on the ruling, the Herald reported, and Desulme, Morgan and Morgan's attorney declined to comment to Local 10. Earlier in the case, the city's legal counsel took no position on whether Desulme had properly qualified but said the city would generally oppose removing any candidate from the ballot, describing its priority as protecting residents' rights to vote and to run for office.

What it means for voters

The ruling came as ballots were already in voters' hands. Mail ballots began going out in September, and in-person early voting began Monday in Miami-Dade County. The last day to request a vote-by-mail ballot is Thursday, Oct. 22, according to the Herald.

The Miami-Dade Supervisor of Elections Office is expected to post notice of the disqualification at polling places, on outgoing mail ballots and on its website, the Herald reported.

The Herald described the ruling as effectively handing the mayor's office to Morgan unless an appeal succeeds. Desulme could seek an emergency stay along with his appeal, according to Local 10. As of Tuesday, no appeal filing had been reported.

Desulme's path to office

Desulme, a former city clerk according to his attorney, became mayor in December 2022, when the North Miami City Council chose him, then vice mayor, to finish the term of Philippe Bien-Aime, who resigned to run for the Miami-Dade County Commission. The council also moved the next municipal election from May 2023 to November 2024, a decision that drew criticism and a lawsuit that was dismissed.

In 2024, Desulme led the November field without winning a majority and then won a December runoff against Hector Medina with about 68% of the vote, according to WLRN, securing a full term. Seeking re-election this fall, Desulme told Local 10 earlier this month that his administration is focused on tree planting and flood prevention, and that he wanted another two years to finish that work. Morgan told the station he wanted to bring a different approach to City Hall.

What's next

Desulme's legal team is expected to take the case to an appeals court and may ask for an emergency stay that would put him back in the race while the appeal is heard. Any relief would have to come quickly: early voting continues through Nov. 1 in Miami-Dade, and Election Day is Nov. 3. Kuehne has also signaled a counterclaim over Morgan's own qualifying fees, which could become a second front in the dispute. Unless a court intervenes, the county will treat Morgan as the unopposed candidate for mayor of North Miami.