A special election to replace Miami-Dade District 8 Commissioner Daniella Levine-Cava will cost county taxpayers almost $1 million — unless the commission decides to appoint someone to fill out the rest of the term.
Many observers and some of the candidates who hope to replace Levine-Cava thought the commissioner’s resignation 
last month would allow for the election to be concurrent with the mayoral and other commission races in August, with a runoff in November. But nooooooooo.
According to the county attorney’s office, the state law provides two different processes for the replacement of an elected. In the state process, the resignation — forced by the resign to run law — immediately triggers the election. But at the municipal and county level, the process is different, said Assistant County Attorney Oren Rosenthal.
According to an opinion that Levine-Cava got from the county attorney’s office in May, the vacancy is not official until the effective date of resignation, which is Nov. 16. After that, commissioners — including at least five and possibly seven newly elected ones — to decide whether to appoint someone or have a special election.
Read related: Daniella Levine-Cava resigns to run on heels of happy internal poll
Commissioner Rebeca Sosa asked Miami-Dade Supervisor of Elections Christina White Monday at the 
Chairwoman’s Policy Council how much the special election would cost and if there was any way to get it on the existing August ballot so it would not be an additional expense. White said it would be $450,000 at least, but could be twice that if nobody wins 50% plus one and there is a runoff.
And that there is the rub. Because in a year when everyone expects budget cuts due to COVID19 expenses, who’s going to want to spend $900,000 on a special election? This only fuels the speculation that Levine-Cava is banking on being appointed to finish out her term if (read: when) she loses the county mayoral race. She should publicly say she has no intention to stay.
Ladra called Levine-Cava to ask her. She did not answer a call or text. Instead, her consultant, Christian Ulvert, called me an hour later.
Ulvert said they, too, had expected her resignation to trigger the race to replace her. He also represents one of the candidates hoping to win the District 8 seat, Danielle Cohen Higgins, and said he had materials prepared for the August election. But the campaign graphic provided to Ladra said Aug. 25 — and the election is Aug. 18.
The other candidates in the race are Palmetto Bay Vice Mayor John DuBois, Leonarda Duran Buike and Alicia Arellano.
Both DuBois and Duran Buike told Ladra they were surprised that their election was not going to be moved up to 
August.
“That was the plan,” DuBois said, adding that the whole process was handled inappropriately. He said the county attorney’s opinion should have been sent to all commissioners and potential candidates, not just to Levine-Cava.
“It didn’t seem very transparent,” he said.
At the very least, Ladra says they should get a second opinion.
Duran Buike said she had signs already on Krome Avenue.
“I went by the information I had and I assume every other candidate had. They were also promoting their candidacy,” she said, adding that she called the elections department to seek clarification.
Some malas lenguas say Ulvert wanted a special election because many think they are easier to win. But he said no. “Whenever possible, I prefer elections to be timed with the regular election cycle,” Ulvert said.
“We were preparing for Danielle’s election to be timed with the August election cycle, ” he added, “but it’s clear the county charter is in need of major updates to give the county leaders the flexibility to address state-mandated resignations and the timing outlined in Florida law.”
And it looks like that’s where we’re headed.
Sosa, who resigned as mayor of West Miami to run for commission and timed it so there wouldn’t be a special election, asked the county attorney’s office to draft an amendment to the charter that would mirror the state process. The change could only be made via voter’s referendum.
It seems unlikely that it would be approved in time for the August ballot, but maybe we can hope for November. Because it would be ironic if the question was put out in a costly special election.
Special election in Miami-Dade District 8 prompts potential charter change added by Ladra on
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I would like to know how did Daniela Higgins came to be a county commissioner with out election by the people of the county resident ? I smells funky
Ohh please…I just commented on this in your last Cava post. The law is clear and it was no surprise to Cava! To say otherwise is a bold face LIE! She chose her resignation date! She chose the date to submit her letter of resignation! She is a fraud! Had she sent letter earlier with a resignation date “effective immediately” the county would not be in this mess! She wanted to stay in her position to use it to campaign… plain and simple any other justification from her is complete and utter BS! Unless her defense is she is a moron with low IQ and had no idea how law worked. Which I don’t buy but if she wants to go with that defense of wasting a million dollars of tax payers money…than okay but it’s just one more reason to not take her campaign for Mayor seriously!
I totally agree, Mark. We only have the example of former Commissioner Bruno Barreiro, which I forgot to mention, who resigned effective immediately intentionally so his wife could run in a special election, which many think favor incumbents (or their dynasties). This could have been timed in such a way that the election could have been concurrent.
I also forgot to mention that she doesn’t have to be appointed. She could run again to finish the next two years of her term. It’s shady af.
Love, Ladra