Frank Carollo and Rolando Escalona are expected to face off in a runoff for District 3 commissioner next month, with Carollo receiving 38% of the vote and Escalona 17% in Tuesday's election.

However, that runoff may not occur after Miami voters overwhelmingly approved Referendum Four, the lifetime-term limit amendment sponsored by Commissioner Damian Pardo.

"Our city has made the decision to put before voters the ability to limit our own power. It is very extraordinary that a city does that," said Commissioner Damian Pardo of Miami.

Lawsuit challenges Carollo's eligibility

Just hours after the polls closed, three Miami voters filed a lawsuit against the city that could remove Carollo — who already served two full terms — from the runoff ballot.

"If the court declares that this has passed and it has retroactive implications, it means this is the law going forward. Frank Carollo is deemed ineligible to run," said attorney JC Planas.

Amendment language cited in lawsuit

According to the lawsuit, the new amendment to the city charter reads in part: "No person who has been elected or appointed two times to the office of mayor or commissioner shall be eligible for reelection to that office during their lifetime. Term limits are measured retroactively from the first election or appointments. This amendment will be immediately effective."

"This is something the voters want. They want their voices to be heard. Frankly, they don't want recycling of old politicians in the city of Miami anymore," said Planas.

Escalona says he remains focused

Escalona said he remains focused on the campaign and will not take legal action.

"I believe that's how you win an election, right? You win with votes, not with lawsuits," he said.

Third-place candidate joins lawsuit

One of the three voters in the lawsuit is Oscar Alejandro, who also ran for District 3 and finished third. If the judge rules Carollo ineligible, Escalona would face Alejandro in the runoff election.

Planas said they are asking the judge for an emergency hearing and expect a ruling no later than Monday.

Attempts to reach Carollo for comment were unsuccessful.