Scoop: How a 2014 election delay could give Broward's mayor an extra term
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A less-than-two-month delay in taking office when he was first elected in 2014 could land Broward Mayor Mark Bogen a fourth, four-year term on the county commission, despite term limits.
Why it matters: Bogen's candidacy, which is currently unopposed, could trigger legal challenges and test the county's interpretation of its charter, which limits commissioners to three consecutive four-year terms.
Flashback: While other newly elected commissioners took office two weeks after the November 2014 election, Bogen was not sworn in until January 2015.
- That's because litigation surrounding write-in candidate Tyron Francois pushed the Democratic primary for District 2 to December and the general election to January.
- A day after Bogen won the primary, Francois withdrew, canceling the general election. Bogen was sworn in on Jan. 6, 2015.
- Bogen won reelection in 2018 and 2022 to represent the district, which encompasses Coconut Creek, Margate and parts of Pompano Beach, Deerfield Beach and Coral Springs.
Zoom in: Leading up to the 2026 election cycle, Bogen asked county attorney Andrew Meyers if he was qualified to run again, according to a December 2023 memo.
- The county charter states that any partial term after November 2000 should not be considered when applying term limits.
- In his memo, Meyers wrote that Bogen was eligible to run again as the delayed election "may have resulted" in him only serving a "partial term."
- He added, "While you served most of the full term, most is still only a 'partial term.'"
What they're saying: Michael Morley, law professor and faculty director of the Election Law Center at the Florida State University College of Law, tells Axios that Bogen has a "very strong" case that he is not term-limited, given the charter language.
In response to Axios' request for comment, Bogen maintained that he is complying with the law.
- "The law specifically entitles every county commissioner to three full terms," he said. "It further states that a partial term shall not be considered a full term."
The bottom line: The county attorney warned that his opinion does not protect Bogen from legal challenges to his candidacy, and a court could reach a different conclusion.
- It wouldn't be surprising if there were a challenge to Bogen's candidacy, Morley said.
- However, Morley noted, courts often favor allowing a candidate to run so voters can make their choice unless a state constitution, law or county charter explicitly prohibits that person from running.