By BRENDAN FARRINGTON, Associated Press Writer
October 3, 2007
TALLAHASSEE, Fla. - 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."
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