Miami-Dade Elections declares the mayoral race unopposed as Desulme seeks to disqualify Morgan over an alleged 80-cent shortage.
The story in brief: On October 19, Judge Beatrice Butchko Sanchez issued a written final order disqualifying North Miami Mayor Alix Desulme from the November 3 election and closing his case. Nearly six hours after that order was electronically filed, Desulme filed a counterclaim seeking to disqualify his opponent, George Morgan, over an alleged 80-cent qualifying-payment shortage. Morgan has moved to dismiss, arguing that Desulme cannot bring a new claim after final judgment and no longer has standing as a disqualified candidate. Meanwhile, Miami-Dade Elections has officially notified voters that the mayoral race is unopposed. A hearing on Desulme’s counterclaim is scheduled for October 22.
Update October 20, 2026: Judge Beatrice Butchko Sanchez ruled that Desulme’s filing was made after the case closed and was therefore untimely.
The Written Final Order Came First
The timing of the filings is central to this dispute.
Judge Butchko Sanchez did not merely announce an oral ruling. She issued a written final order, which was electronically filed before Desulme submitted his counterclaim.
The official filing timestamps establish the sequence:
| Date | Time | Document |
|---|---|---|
| October 19 | 5:45:46 p.m. | Judge’s written final order disqualifying Desulme |
| October 19 | 11:43:03 p.m. | Desulme’s emergency counterclaim |
| October 20 | 7:56:56 p.m. | Morgan’s motion to dismiss |
Desulme filed his counterclaim exactly 5 hours, 57 minutes, and 17 seconds after the written final order was electronically filed.
That sequence is important because Morgan’s motion argues that the court had already disposed of the lawsuit and that Desulme had lost the legal standing necessary to challenge another candidate.
Why the Judge Disqualified Desulme
Morgan’s original lawsuit challenged Desulme’s use of two TD Bank official checks to pay his qualifying fees and election assessment.
Following hearings on October 14 and October 19, Judge Butchko Sanchez determined that the checks did not satisfy Florida Statute §99.061(7)(a)1. and North Miami Code §6-21(d), which require qualifying payments to be drawn from the candidate’s campaign account.
The judge rejected Desulme’s substantial-compliance defense, finding that the statutory requirements were mandatory. Her October 19 written final order disqualified Desulme, directed election officials to implement the applicable disqualification procedures, and closed the case as to all parties.
But at 11:43 p.m. that same night, Desulme filed an emergency counterclaim raising a different qualifying issue. He alleged that Morgan paid an $898 election assessment when the required amount was $898.80, leaving an 80-cent shortage that was not corrected before qualifying closed on August 20.
Desulme argues that Florida’s mandatory qualifying requirements should also disqualify Morgan. He asks the court to disqualify Morgan, prevent certification of the mayoral election results, reopen qualifying, and order a special election on December 1. He also maintains that he retains candidate status while pursuing appellate review of his disqualification.
Morgan Challenges Desulme’s Standing and the Late Filing – Seeks Dismissal
On October 20, Morgan moved to dismiss the counterclaim, raising two principal legal objections.
First, Morgan argues that Desulme filed too late. The judge had already issued her written final order resolving the lawsuit and closing the case. Morgan contends that a new counterclaim cannot be introduced after final judgment in this manner.
Second, Morgan argues that Desulme no longer has standing. Florida Statute §99.0211(2) permits a candidate to challenge another candidate’s qualifications in the same race. Morgan contends that Desulme ceased to be a qualified candidate when the judge disqualified him.
Desulme takes the opposing position, maintaining that his pursuit of appellate review preserves his ability to challenge Morgan.
Morgan’s motion raises another significant point: Desulme already knew about the alleged 80-cent shortage before the written final order was issued. During the original proceedings, Desulme raised the alleged underpayment as an unclean hands defense, arguing that Morgan should not receive relief while allegedly having his own qualifying defect. However, Desulme did not file a counterclaim seeking Morgan’s disqualification before the case was decided. Morgan argues that the challenge should have been raised during the original lawsuit under Florida’s compulsory-counterclaim rules, rather than introduced after an adverse judgment.
He also disputes the legal authority for reopening qualifying and holding the special election Desulme requests. Morgan asks the judge to dismiss the counterclaim with prejudice or strike it as an improper post-judgment filing.
These are Morgan’s arguments. The court has not yet ruled on his motion.
Has the Judge Ruled on Morgan’s 80 Cents?
No.
The alleged 80-cent shortage was raised during the original litigation, but Judge Butchko Sanchez did not determine whether it independently disqualified Morgan. In her October 19 written final order, the judge rejected Desulme’s unclean hands defense and recognized that Morgan remained qualified unless a court declared otherwise.
The two qualifying disputes involve different defects.
Desulme’s disqualification concerned the use of bank-issued official checks rather than checks drawn on his campaign account. His counterclaim alleges that Morgan paid an insufficient amount. Both involve mandatory election requirements, but the court must first determine whether Desulme can legally pursue his challenge. If the judge dismisses the counterclaim for lack of jurisdiction or standing, she may never reach the merits of the 80-cent allegation.
Miami-Dade Elections Declares Mayoral Race Unopposed
Following Judge Beatrice Butchko Sanchez’s October 19 written final order disqualifying Alix Desulme, Miami-Dade Elections issued an official notice stating that the North Miami mayoral race is unopposed.
What does unopposed mean? Only one qualified candidate remains. That candidate is elected because there is nobody left to run against.
Florida Statute §101.151(7) states:
“Except for justices or judges seeking retention, the names of unopposed candidates shall not appear on the general election ballot. Each unopposed candidate shall be deemed to have voted for himself or herself.”
Normally, an unopposed candidate’s name does not even appear on the ballot. In this case, the ballots were already printed when Desulme was disqualified. Morgan remains on the ballot, but he is now the only qualified mayoral candidate under the court’s written final order. The county’s notice explains that the remaining candidate is deemed elected by law.
Miami-Dade Elections also issued a notice following Hector Medina’s disqualification from the District 2 council race. Votes for Medina will not count, but Brian Jinks and Kassandra Timothe remain qualified and are still competing for the seat.
The distinction is simple: District 2 has two qualified candidates. The mayoral race has one.
The Medina case also matters because North Miami previously argued that Florida’s check requirements must be enforced in municipal elections. Judge Butchko Sanchez referenced that position when disqualifying Desulme.
Both cases highlight the importance of applying the same election laws consistently.
What Happens at the October 22 Hearing?
A hearing on Desulme’s emergency counterclaim is scheduled for Thursday, October 22, 2026, at 4 p.m., before Judge Beatrice Butchko Sanchez at the Osvaldo N. Soto Miami-Dade Justice Center in Miami. Morgan’s motion reports that the trial court has already denied Desulme’s request to stay the written final order pending an anticipated expedited appeal.
The judge could dismiss the counterclaim on procedural grounds without deciding whether Morgan’s alleged 80-cent shortage violated election law. She could also hear arguments before determining how to proceed.
The written final order disqualifying Desulme remains the operative trial-court ruling unless changed through further judicial proceedings.
The dispute now turns on a fundamental question: Can a candidate who has already been disqualified by a judge’s written final order, in a case that has been closed, file a new counterclaim seeking to disqualify the remaining candidate?
That is the issue Morgan is asking the court to resolve.
Sources: Publicly filed documents in George E. Duell Morgan v. City of North Miami, et al., Case No. 2026-020505-CA-01, Eleventh Judicial Circuit, Miami-Dade County, Florida; October 19 written final order; October 19 emergency counterclaim; October 20 motion to dismiss; October 22 hearing notice; Miami-Dade County Supervisor of Elections voter notices; and Florida election statutes.
