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Lawsuit Continues Over Florida Primary Date

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By CATHERINE DOLINSKI

cdolinski@tampatrib.com

Published: November 11, 2008

TALLAHASSEE - The presidential election may be over, but a Democratic activist continued Monday to argue his case that Florida violated federal law when it moved up the primary date to Jan. 29.

Jon Ausman of Tallahassee, a member of the Democratic National Committee, argued in federal court that by moving up the presidential primary, Florida interfered illegally with his party's procedures for electing delegates to its national convention.

In 2007, state lawmakers and Gov. Charlie Crist moved the primary date to Jan. 29, contrary to the national Democratic and Republican parties' rules for electing most convention delegates no earlier than Feb. 5. When the Democratic Party threatened not to seat any Florida delegates, Ausman sued the state, arguing that the conflict would disenfranchise millions of voters.

Ultimately, the national party capitulated, seating Florida's delegation. That prompted the state's lawyers on Monday to call Ausman's complaint "moot" and request a dismissal.

Roger Bernstein, attorney for Ausman, said the national party's concession does not erase the legal issues. "The delegate selection problem is as profound as ever," he said, and could resurface in 2012.

Bernstein noted a U.S. Supreme Court decision that "party rules trump state legislation" absent a compelling state interest, which Ausman claims is lacking in this case.

Monday's hearing ended without a decision, as Ausman is now amending his complaint for a state response by mid-December. If the Democrat wins, the state is likely to appeal, possibly as high as the U.S. Supreme Court. If the Democrats prevail in the end, Bernstein said, the Legislature would likely have to rewrite the primary law.

Reporter Catherine Dolinski can be reached at (850) 222-8382.

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