City of Miami v. Piper
The Third DCA affirmed a writ of mandamus compelling the Miami City Clerk to transmit recall petitions against Commissioner Joe Carollo to the County Supervisor of Elections. The court held that section 100.361(2)(g)1., Florida Statutes, imposes a purely ministerial duty on the clerk to submit the petition forms 'immediately after the filing,' with no discretion to review the petition for facial or legal sufficiency.
Key facts
- Residents filed recall petitions against Miami City Commissioner Joe Carollo with the City Clerk, who refused to transmit the petitions to the County Supervisor of Elections.
- The City Clerk asserted discretion to review the recall petitions for facial and legal sufficiency before submission, delaying transmission.
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Why it matters
The opinion confirms that mandamus lies to compel a municipal clerk's ministerial transmittal of recall petitions and squarely forecloses clerk-level gatekeeping on sufficiency grounds — a useful precedent for… — full analysis with a trial
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