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Florida Democratic Primary Lawsuit Hits Appeals Court

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By TOM BRENNAN | The Tampa Tribune

Published: January 8, 2009

ATLANTA - A Tampa political consultant continued his challenge today to the way the national Democratic Party penalized Florida for holding its primary earlier than the party wanted.

Victor DiMaio and his attorney took their case before a three-judge panel of the U.S. 11th Circuit Court of Appeals today, arguing the problem will reoccur unless the court rebukes the national party.

"This is rough news in the land of the hanging chad," DiMiao said after the hearing. "Over and over again we have to see if our votes will count. It is very frustrating."

DiMaio is asking the appeals judges to rule the Democratic National Committee disenfranchised the state Democratic voters by taking away the state's delegates when it defied the party by scheduling its primary before Feb. 5.

The party later restored their delegates but gave them only half votes. The dispute was later settled and all delegates got full votes at the August convention.

But DiMaio and his supporters still want a court to determine whether the DNC had the right to take away the delegates.

The three-judge panel didn't immediately issue a ruling. DiMaio said any decision would probably be appealed further to the U.S. Supreme Court.

"This is the second rung of a three-rung ladder," he said.

DiMaio first filed the lawsuit in August 2007, after Florida was stripped of its delegates. The 11th Circuit dismissed the lawsuit in March because the primary had yet to be held when the lawsuit was filed.

DiMaio filed an amended lawsuit weeks later.

The DNC, meanwhile, urged the court to rule that the party has the right to set its own rules — and that it can choose not to seat delegates who refuse to follow them.

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