Friday, May 23, 2008

Floridians Suing DNC -- Again

Floridians Suing DNC -- Again

The tactic has failed twice already, but three Florida "delegates" are suing the Democratic National Committee, arguing that not seating the state's delegates is a violation of the 1965 Voting Rights Act.

One of the plaintiffs is a state legislative leader who, as the state voted to move its primary up to Jan. 31, openly mocked the DNC's threat of penalties on the Senate floor.

Senate Minority Leader Steve Gellar, an uncommitted superdelegate, alleges in the suit that the DNC did not "treat equally all similarly situated states and Democratic voters" when it decided not to seat Florida delegates because the state moved up its primary date against party rules. The suit also claims the committee's actions violated "due process" because the sanctions against Florida "flow from a constitutionally inadequate process that implements DNC rules in an arbitrary manner."

Two other lawsuits from Floridians -– including one by U.S. Sen. Bill Nelson – have failed.

Florida Democrats have long argued that they were powerless to stop a Republican-run legislature and GOP governor from moving up the date. But Gellar's remarks on the Senate floor indicate they didn't exactly try very hard:

Gellar is joined in the suit by two other "delegates," one committed to Hillary Clinton and one for Barack Obama. The DNC's Rules and Bylaws Committee is scheduled to meet in Washington on May 31 to reconsider their death penalty of 100 percent of Michigan and Florida delegates.

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