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Tampa Activist's Lawsuit Against State, National Democrats Dismissed

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The Associated Press

Published: October 6, 2007

TAMPA — A federal judge dismissed a lawsuit on Friday filed by a Tampa Democratic activist against the national and state Democratic parties over the national party's decision to strip Florida of its delegates for next year's presidential nominating convention.

Seeking to penalize Florida for moving up its primary election to Jan. 29, the Democratic National Committee's rules committee voted in August to take away Florida's 210 votes in the convention in Denver next summer.

Political consultant Victor DiMaio, who serves on the Hillsborough County Democratic Executive Committee, claimed in his lawsuit that the action violated his constitutional rights.

The lawsuit had named the DNC and the Florida Democratic Party as defendants.

Florida Democratic Party spokesman Mark Bubriski said the state party is trying to stay out of any litigation.

"I'm not even sure why we were a defendant in the first place," Bubriski said.

Telephone messages left by The Associated Press at the offices DiMaio's attorney and the DNC were not immediately returned.

On Thursday, Congressional Democrats sued the DNC and Chairman Howard Dean over the same issue. According to the lawsuit filed by Sen. Bill Nelson and Rep. Alcee Hastings, the party violated the Constitution and federal voting laws by taking away Florida Democrats' ability to have a say in choosing the presidential nominee.

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