Florida lawmakers to sue DNC over presidential primary
1:00 AM
Posted: Thursday, October 04, 2007
TALLAHASSEE, Fla. (AP) -- The Democratic Party is violating the Constitution and federal law by stripping 4 million Floridians of their right to vote in the presidential primary, says a lawsuit Democratic lawmakers plan to file Thursday.
The national party's action is a "monumental irony" given the state's recent election history, according to a draft copy of the lawsuit.
The suit will claim the Democratic National Committee did not have the right to take away Florida's presidential delegates just because Republicans set the primary for Jan. 29 in violation of DNC rules.
The lawsuit will also say presidential candidates were pressured into boycotting the state, which takes away voters' rights to engage the candidates on issues important to them, according to a draft copy obtained Wednesday by The Associated Press.
It will name the DNC and its chairman, Howard Dean, as defendants. Sen. Bill Nelson and Rep. Alcee Hastings, both Florida Democrats who plan to file the lawsuit, will discuss it Thursday morning once it's filed.
"The defendants have combined to create a presidential primary election with a stunningly anti-democratic scenario -- every one of the more than 4.25 million registered Democratic voters in Florida will be completely disenfranchised," it says. "Their constitutional rights with respect to that election will be rendered meaningless."
The draft, which was being circulated Wednesday, details how Democrats rallied around voter rights issues after the 2000 presidential recount, in which President Bush won Florida by 527 votes. Bush captured the White House in a contested election finally settled by the U.S. Supreme Court. Democrats claimed that thousands of votes went uncounted and that Vice President Al Gore would have won.
"In the aftermath of the shattering events of 2000, Democrats here and around the country have made continued efforts to assure that every vote counts," the draft says. "It is thus truly a monumental irony for the Democratic National Committee to issue a decree that no Florida Democrats' vote will count."
The suit will also name Florida Secretary of State Kurt Browning, saying he is going ahead with plans for the Jan. 29 primary knowing the vote will not result in delegates being selected for the national convention.
DNC officials didn't immediately return a call and e-mail seeking comment. Browning's spokesman declined comment.
Democratic Party rules say states cannot hold their 2008 primary contests before Feb. 5, except for Iowa on Jan. 14, Nevada on Jan. 19, New Hampshire on Jan. 22 and South Carolina on Jan. 29. Florida Republicans could lose half their 114 delegates for violating similar national party rules.
Florida's Republican-led Legislature and Republican Gov. Charlie Crist set the primary date. Democrats say their efforts to set it at Feb. 5 were ignored. While other delegate selection plans were considered, such as caucuses held on or after Feb. 5, state Democratic leaders decided that the statewide election was the best way to allow people to participate.
The DNC's decision to take away all 210 delegates and the pressure on presidential candidates not to publicly campaign in Florida will hurt the party's chances of winning the general election in November, the draft of the lawsuit says.
"Presidential campaigning in Florida will be a Republicans-only process during the critical stage of the campaign," it says.
Nelson's office would not comment Wednesday on details of the suit. Hastings office also declined to talk about specifics, but Hastings spokesman David Goldenberg said: "We cannot and will not sit idly by and risk disenfranchising over 4 million Democratic voters."
The national party's action is a "monumental irony" given the state's recent election history, according to a draft copy of the lawsuit.
The suit will claim the Democratic National Committee did not have the right to take away Florida's presidential delegates just because Republicans set the primary for Jan. 29 in violation of DNC rules.
The lawsuit will also say presidential candidates were pressured into boycotting the state, which takes away voters' rights to engage the candidates on issues important to them, according to a draft copy obtained Wednesday by The Associated Press.
It will name the DNC and its chairman, Howard Dean, as defendants. Sen. Bill Nelson and Rep. Alcee Hastings, both Florida Democrats who plan to file the lawsuit, will discuss it Thursday morning once it's filed.
"The defendants have combined to create a presidential primary election with a stunningly anti-democratic scenario -- every one of the more than 4.25 million registered Democratic voters in Florida will be completely disenfranchised," it says. "Their constitutional rights with respect to that election will be rendered meaningless."
The draft, which was being circulated Wednesday, details how Democrats rallied around voter rights issues after the 2000 presidential recount, in which President Bush won Florida by 527 votes. Bush captured the White House in a contested election finally settled by the U.S. Supreme Court. Democrats claimed that thousands of votes went uncounted and that Vice President Al Gore would have won.
"In the aftermath of the shattering events of 2000, Democrats here and around the country have made continued efforts to assure that every vote counts," the draft says. "It is thus truly a monumental irony for the Democratic National Committee to issue a decree that no Florida Democrats' vote will count."
The suit will also name Florida Secretary of State Kurt Browning, saying he is going ahead with plans for the Jan. 29 primary knowing the vote will not result in delegates being selected for the national convention.
DNC officials didn't immediately return a call and e-mail seeking comment. Browning's spokesman declined comment.
Democratic Party rules say states cannot hold their 2008 primary contests before Feb. 5, except for Iowa on Jan. 14, Nevada on Jan. 19, New Hampshire on Jan. 22 and South Carolina on Jan. 29. Florida Republicans could lose half their 114 delegates for violating similar national party rules.
Florida's Republican-led Legislature and Republican Gov. Charlie Crist set the primary date. Democrats say their efforts to set it at Feb. 5 were ignored. While other delegate selection plans were considered, such as caucuses held on or after Feb. 5, state Democratic leaders decided that the statewide election was the best way to allow people to participate.
The DNC's decision to take away all 210 delegates and the pressure on presidential candidates not to publicly campaign in Florida will hurt the party's chances of winning the general election in November, the draft of the lawsuit says.
"Presidential campaigning in Florida will be a Republicans-only process during the critical stage of the campaign," it says.
Nelson's office would not comment Wednesday on details of the suit. Hastings office also declined to talk about specifics, but Hastings spokesman David Goldenberg said: "We cannot and will not sit idly by and risk disenfranchising over 4 million Democratic voters."
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Rocky Peeples wrote on Mar 15, 2008 10:58 PM:
" The CONSTITUTION of the United States of America GIVES everyone the right to have their vote count. ANY law, rules or regulation brought forth by any party or affiliates that seek to discriminate, and/or disenfranchise and violate that right, as to have an individual's vote thrown out, IS UNCONSTITUTIONAL and THEREFORE UNLAWFUL!
If any type of penalty needed to have been administered, it should have been along the guidelines of monumental penalties... (not DISCOUNTING individual's rights)!
I voted. I WANT my RIGHT to have MY VOTE COUNT! There will be more newly declared INDEPENDENT VOTERS in Florida come GENERAL election. Not to mention the fact that non-democrats (Florida Independents) have had their vote discounted in the Florida Primary.
Our founders of the CONSTITUTION would be disgraced over this unfortunate incident! WHAT IS AMERICA ALL ABOUT TODAY! ...."
Thank you so much for listening and posting my view... "
Rocky Peeples wrote on Mar 15, 2008 9:50 PM:
Diane Borino wrote on Jan 4, 2008 8:19 PM: