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Appeals Court To Hear State Primary Arguments
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Published: February 28, 2008
Updated: 02/27/2008 11:57 pm
TAMPA Two Tampa Democrats challenging the national Democratic Party's disavowal of the Florida primary will get a federal appeals court hearing on their lawsuit.
Hillsborough County Democratic Party chairman Mike Steinberg, a disabilities lawyer, and local political consultant Vic DiMaio filed the lawsuit in August.
A federal judge in Tampa had dismissed it in October, but the 11th Circuit Court of Appeals in Atlanta has now said it will hear arguments March 17.
"What this tells me is they find this an interesting case," Steinberg said. He said the defendant, the Democratic National Committee, asked for a hearing along with himself and DiMaio.
The two contend that the DNC violated the rights of Floridians by refusing to recognize the results of the state's Jan. 29 presidential primary.
The vote was earlier than party rules allowed, and the DNC says it won't seat Florida delegates at its national convention - in effect, not counting the primary vote.
DNC spokesman Luis Miranda said regardless of the court's decision to hear the case, "We feel pretty confident. Time and again, the courts have upheld the right of national parties to set the rules for selection of their delegates."
He said court procedures require litigants to indicate whether they think the court should hear arguments, and the DNC attorneys indicated so because, "We take the underlying issue seriously."
The lawsuit also named the Florida Democratic Party as a defendant. It said that if the court found the DNC was within its rights, the state party should be ordered to hold another vote or caucus to choose delegates who could be seated.
DiMaio and Steinberg said that part of the lawsuit is now moot, because it's too late to hold another vote or caucus.
The state party opposes holding another vote or caucus, however spokesman Mark Bubriski said that it's not too late - the delegate selection "window" extends through June 10.
"Our position still is that the lawsuit should be dismissed," said Mark Herron of Tallahassee, who represents the state party in the lawsuit.
DiMaio and Steinberg acknowledged their lawsuit could help New York Sen. Hillary Rodham Clinton against Illinois Sen. Barack Obama.
Clinton won the Florida primary with a margin of 38 delegates, and argues those delegates should be seated. Obama says that would amount to changing rules in the middle of the game.
But DiMaio and Steinberg denied they were trying to help either candidate. They noted that when they filed their lawsuit in August, the race looked very different.
"This is not for or against Hillary or Obama," Steinberg said. He said he and DiMaio are neutral in the primary, and will support whomever gets the nomination.
Still, in a news release, they called their litigation a "landmark federal lawsuit that could determine the next president of the United States."
Tom Scarritt, a Tampa lawyer and prominent Democrat who backs Obama, acknowledged that the court's decision to grant a hearing in such a case was "sort of unusual."
But he said if the DNC also sought the hearing, it could mean the DNC "is so confident of their legal position they want to underline the decision," he said.
Florida Sen. Bill Nelson, a Clinton backer, also sued the DNC over the primary. After his lawsuit was dismissed, he declined to appeal, saying there was too little time left before the primary.
"I don't think Florida's going to change the tide one way or the other," Scarritt said, noting Obama's increasing delegate lead and momentum. "The O-train has left the station."
Reporter William March can be reached at (813) 259-7761 or wmarch@tampatrib.com.
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Reader Comments
Posted by ( hecaeta ) on February 28, 2008 at 5:24 a.m. ( Suggest removal )
Seems to me that the DNC has forgotten about their battle cry of disinfranchishment, They have done that to their own party here in Florida.
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Posted by ( RobKay ) on February 28, 2008 at 5:51 a.m. ( Suggest removal )
Scrap this horribly antiquated expensive and disenfranchising system and go with a simple straight foreward popular vote! These people are just trying to perpetuate their own sense of importance - which should no longer exist. Everyone's individual vote should count and that has never happened with this system. There is no longer a need for it.
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Posted by ( Keira ) on February 28, 2008 at 8:18 p.m. ( Suggest removal )
I wonder how much in taxpaper dollars we could get back in election costs since the primaries ae a complete sham? The Dems have it set up to do what they want, regardless of the vote, so why do the states bother spending our money on the elections?
Let's sue them for financial damages.
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