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Old May 30th, 2008, 12:40 PM   #1
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Florida Judge Dismiess Voter Lawsuit Over Dem Party Rules


http://blog.washingtonpost.com/the-t...l?hpid=topnews

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<H2>Florida Voter's Lawsuit Dismissed
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By Krissah Williams

A federal judge in Tampa has again tossed out a lawsuit filed by a Florida political consultant angry that his vote in the state's Democratic primary will not count. Victor DiMaio's lawsuit contended that the Democratic National Committee is discriminating against Florida voters. DiMaio argued that party leaders unfairly allowed Nevada and South Carolina to hold their presidential primaries prior to February 5, in part because of the sizable minority populations in both states, but punished Florida and Michigan for skirting the rules.

"How do you ignore the fourth largest state in the nation and millions of Florida voters who exercised their right to vote?" DiMaio said in a statement before the ruling.

Judge Richard A. Lazzara agreed with the DNC, which said that it its practices are not discriminatory and political parties have a constitutional right to determine how delegates are selected in their nominating process. The party has stripped Florida and Michigan of all their delegates for bucking party rules and holding their primaries early.

The fight among over the delegates is set to continue this weekend when the Rules and Bylaws Committee of the DNC is scheduled to meet in Washington to hear appeals by Florida and Michigan. Supporters of both Sens. Hillary Clinton and Barack Obama have planned protests.

DiMaio's suit is the third filed against the DNC over its decision to strip Florida of its convention delegates. U.S. Sen. Bill Nelson and Rep. Alcee Hastings, both Democrats from Florida, filed a lawsuit that was dismissed in late 2007 and a Florida Democratic state senator filed a suit last week.

CNN is reporting that DiMaio is preparing to appeal to the Supreme Court.
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Old May 30th, 2008, 12:43 PM   #2
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In today's conference call, the Clinton campaign conceded any rules-based or fairness-based argument for the full seating of the Florida and Michigan delegations. The Clinton campaign declared that, unlike Iowa, NH and South Carolina, Florida and Michigan did indeed break the DNC rules and without justification. The Clinton campaign expressly disagreed with the Michigan Democratic Party's contention that the DNC had selectively enforced its rules by allowing New Hampshire and South Carolina to break the sanctioned primary schedule, that Florida was not entitled to a safe harbor or waiver, and that the DNC had acted properly and within the rules when it stripped Florida and Michigan of its delegates.

http://www.talkleft.com/story/2008/5/30/13333/0744
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Old May 30th, 2008, 12:47 PM   #3
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Democrats Are Advised to Seat Half of 2 States’ Delegations

By KATHARINE Q. SEELYE
Published: May 29, 2008

Democratic Party lawyers have determined that no more than half the delegates from Florida and Michigan can be seated at the party’s August convention, dealing a blow to Senator Hillary Rodham Clinton’s efforts to seat the full delegations from those states.

The rules committee of the Democratic National Committee meets on Saturday to determine whether to seat the delegates from these states, which were penalized for holding early primaries.

In asking that the full delegations from these states be seated, Mrs. Clinton hopes to narrow Senator Barack Obama’s delegate edge and make the case that by including the votes from these states, she will have more of the popular vote in the nominating contests, an assertion that has come under some dispute. But the legal analysis, based on party rules and contained in a 38-page memo to the committee, says the committee can either seat only 50 percent of the delegates or seat them all but give them only half a vote, which amounts to the same thing.

Whatever the committee decides about the delegates may not be a big factor in Mrs. Clinton’s pursuit of the nomination. Even if she were awarded all the delegates in proportion to her popular vote in those states — her best-case scenario — she could not overtake Senator Obama’s delegate lead.

It is not entirely clear what the Obama campaign intends to ask for at the meeting but Mr. Obama has said he wants the delegates seated. His top aide, David Axelrod, has said that the campaign could go “half-way” on any compromise.

The important goal for the Clinton campaign is to include the popular votes from those two disputed states in its overall vote tally. The Clinton campaign is already doing this, but because Michigan and Florida have been stripped of their delegates, an air of illegitimacy hangs over their votes and her opponents do not recognize their popular vote.

If the rules committee seats even half the delegates from those states, that could confer some legitimacy on the Clinton’s inclusion of those votes in their overall tally, although a Clinton aide said that the campaign does not feel it needs the seating of the delegates to legitimize the popular vote. Those votes have been counted and certified by the secretaries of state in both states, the aide said, and the rules committee cannot alter that.

The rules committee’s meeting is important because it needs to address the decisions by Michigan and Florida to move up their primaries in violation of party rules. The committee stripped the states of their delegates as punishment for doing so. If it restores the delegates, even at half strength, it may send a message to other states that next time they can violate the calendar without serious consequences, in effect a license for chaos.

So the committee is in a box in trying to figure out how to respect the voters in Florida and Michigan, who were not responsible for this potential disenfranchisement, while still honoring voters in 48 other states where officials followed the rules.

http://www.nytimes.com/2008/05/29/us...hp&oref=slogin
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Old May 30th, 2008, 02:03 PM   #4
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Is this correct?

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DiMaio argued that party leaders unfairly allowed Nevada and South Carolina to hold their presidential primaries prior to February 5, in part because of the sizable minority populations in both states,
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Old May 30th, 2008, 02:04 PM   #5
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Is this correct?
Not entirely.
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Old May 30th, 2008, 02:21 PM   #6
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Not entirely.
care to elaborate?
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Old May 30th, 2008, 02:27 PM   #7
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care to elaborate?
There have been rules and there are traditions in place for having the states that are in front of Super Tuesday. They weren't discriminatory at all.

It would be like saying the NFL descriminates against 28 teams that don't get to play on Thanksgiving every year, and they are playing favorites with Dallas and Detroit for hosting those games on Thanksgiving every year.
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Old May 30th, 2008, 02:30 PM   #8
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There have been rules and there are traditions in place for having the states that are in front of Super Tuesday. They weren't discriminatory at all.

It would be like saying the NFL descriminates against 28 teams that don't get to play on Thanksgiving every year, and they are playing favorites with Dallas and Detroit for hosting those games on Thanksgiving every year.
gotcha! I wasn't being an arse, I was just curious cause I had no idea.
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Old May 30th, 2008, 02:31 PM   #9
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gotcha! I wasn't being an arse, I was just curious cause I had no idea.
I know that. I am trying to find out the article that I read about this a couple of months ago.
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Old May 30th, 2008, 08:14 PM   #10
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Victor DiMaio's lawsuit contended that the Democratic National Committee is discriminating against Florida voters.


Idiot lawyer - this is a publicity stunt. Or someone needs to go back to law school.
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