Florida Primary Election Conflict Headed to Court
By Rachel Kapochunas | 2:45 PM; Oct. 04, 2007
The battle between the national Democratic Party and its Florida affiliate over that state’s rule-breaking early primary date escalated Thursday morning, when two of the state’s congressional veterans, Sen. Bill Nelson and Rep. Alcee L. Hastings, announced they had filed a lawsuit in Tallahassee against the Democratic National Committee (DNC).
The suit seeks to block penalties the DNC has threatened to invoke because Florida Democrats, under a state law enacted in May, have scheduled their presidential primary for Jan. 29. The most prominent penalty could be the loss of all of the state’s 210 delegates to the August 2008 Democratic National Convention.
The DNC’s scheduling rules for the 2008 nominating process set Feb. 5 as the first date on which most states are allowed to hold presidential contests, with waivers provided only for caucuses in Iowa and Nevada and primaries in New Hampshire and South Carolina. But Florida Democrats, with Nelson and Hastings taking the lead on the party’s lawsuit, allege that such penalties represent an unconstitutional infringement on Floridians’ right to vote.
“Every one of the more than 4.25 million registered Democratic voters in Florida will be completely disenfranchised, and their constitutional rights with respect to that election will be eviscerated,” the suit contends.
Nelson, the state’s two-term senior senator, echoed this position at Thursday’s news conference, saying the lawsuit is “about the right of every American to have access to the ballot box, the right of every American to have their ballot counted and to have it counted as intended.”
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http://www.cqpolitics.com/2007/10/florida_primary_election_confl.html