May 26th, 2008
06:10 PM ET
6 years ago

Protest planned before hearing in Florida lawsuit

(CNN) – Victor DiMaio, the plaintiff in a refiled lawsuit aimed at forcing the DNC to seat Florida’s delegates to the Democratic convention, has announced that a protest will be held in Tampa, Florida on the eve of the hearing in his case.

The “lawsuit was filed long before the first vote was ever cast or counted,” DiMaio said in a statement released Monday. “How do you ignore the fourth largest state in the nation and millions of Florida voters who exercised their right to vote?,” he added.

The dismissal of Dimaio’s original suit was upheld by a federal appeals court in March but the court stated that the suit could be refiled if the defects it had identified were fixed.

In early April, DiMaio refiled in Tampa federal trial court. The new suit alleges that the DNC discriminated on the basis of race and national origin in violation of federal law. In particular, DiMaio contends that the DNC allowed Nevada and South Carolina to hold their presidential primaries prior to February 5 because of significant minority populations in both states.

A hearing is set for Wednesday in DiMaio’s case. In papers filed with the Tampa federal trial court in preparation for the hearing, the DNC countered that its rule on scheduling primaries does not amount to discrimination on the basis of race or national origin and does not discriminate against any individual voter or against the voters as a whole in any state.

The DNC also said that national political parties have a constitutional right under the First Amendment to determine how delegates are selected to their nominating conventions.

DiMaio’s suit is the third filed against the DNC over its decision to strip Florida of its convention delegates. U.S. Senator Bill Nelson and Rep. Alcee Hastings, both Democrats from Florida, filed a lawsuit that was dismissed in late 2007 and a Florida Democratic state senator filed a suit last week.

The Rules and Bylaws Committee of the DNC is scheduled to meet May 31 in Washington, D.C. to hear appeals by Florida and Michigan, which was also stripped of its seats at the Democratic convention for holding its primary in violation of the DNC’s rule.

soundoff (205 Responses)
  1. hillary

    March if you want to…vote for McCain if you want to. It is certainly your legal right. That of course would be the SAME legal rights that our democracy granted you; the same right that allows for fair and honest elections. That would NOT be a monarchy or dictatorship that allows the rules of an election to be changed to benefit one person over another. That would NOT be a governing body of any kind who allows 2 states preferential treatment over 48 others when those 2 states didn't follow the established and agreed upon rules.

    Stay bittter, angry and make excuses for your queen all summer if you want to. I have better plans for my summer than to listen to Hillary or Bill rant on TV about some conspiracy or listen to bitter angry women complain about sexism. I think your queen has done a great disservice to women every where with her actions

    May 26, 2008 11:16 pm at 11:16 pm |
  2. J

    Florida Voters no matter what way the May 31 meeting comes out you will find a way to mess up AGAIN. Your votes should not count for what you allowed to happen during the Bush / Gore election. Any candidate better know up front, FLORIDA is anybodys game.

    May 26, 2008 11:19 pm at 11:19 pm |
  3. MI Women 4 Obama!

    I know a lot of people in MI that did not vote because it was not supposed to matter. I voted but I voted non-committed because Barack was not on the ballot. I only knew to do that becuase I called Obama's campaign and asked if I was supposed to do a write in or a non-committed. I was told that non-commited were the only one's counted, not write-in's. I did a couple more follow ups and was told the same thing at the state level.

    I sure like to be included in November so I say do a 50/50 split or a re-vote. In either case I don't blame Hillary, Barack, or the DNC – MI broke the rules, their the one's to blame.

    Now that Hillary is lossing to wants to change all the calculations, include this, exclude that, race, sexism, conspircies, death threats.....jezze.....

    The Clinton's are nuts....plain and simple! They both need to be committed to a mental institution!

    OBAMA 08 & 12!

    [and no Clinton on the ticket either!]

    May 26, 2008 11:21 pm at 11:21 pm |
  4. Anita

    I don't ' feel that we are scared. It is just not right to give her votes when Obama's name was not even on the ballot. I can't understand how anybody can say this is fair. With FL his name was there so, I agree count there votes, even th he did not camgaing there. But MICHIGAN NO WAY. I just don't like the fact that the Clinton's make wrong into right. I am a woman and I use to like Hillary, but her and her husband don't know right from worng. When she lie it is consider as MISPOKE. The news wait on Obamas words like a dog wating for crambs to fall from the table just so they can turn his words into a meaning that would have a totally different meaning then he intended. But with Hillary they clean up quickly. Haillary voted just like obama concerning FL and MI now she need the votes and counting them saying she has more votes then Obama. If she has more with Fl then good for her. JUST DON'T CHEAT or wish somebody did to win. Also, I believe she said just what was in her heart about staying in the race. WISHING THAT SOMETHING BAD HAPPEN TO OBAMA SO SHE CAN WIN.

    May 26, 2008 11:29 pm at 11:29 pm |
  5. SC Gal

    Wake up Democrats!

    We need to support Hillary Clinton.
    Senator Obama is a dream only for the Republican Party.
    They want him to be the nominee.

    They know that he has no experience, can't close the deal and the states that will take him to the white house are not in his favor.

    He is having trouble with so many groups of voters and the Republicans know it.
    White Men
    Women
    Latinos
    Older Voters
    Jewish voters
    Swing State Voters

    He can not win without these groups and the Republicans know it.
    If Obama becomes the nominee we WILL have another four years of
    Republicans. Caucus states and many other states have republicans voting for Obama to make sure he is in the race.

    He has no experience, no foreign affair knowledge, problems with his church's philosopy and ties with radical friends such as William Ayers the Domestic terrorist and Louis Farrakhan the Nation of Islam Leader that is his church's idol.

    This is not American Idol. We, as Democrats, need to think who can beat McCain.

    African Americans and the poor will be the ones that have the most to loose if McCain gets into the White House.

    Clinton is the stronger candidate for the Presidency. She wins the states that will make a Democrat president of the United States.
    She has 35 years experience. She has been outspent 2 to 3 times by Obama and he is still not closing the deal on the states Democrats need in the general election.

    I am asking that all Democrats think about who can win against McCain. It's not Obama. Trust me. President Clinton and Senator Clinton try to tell voters, but instead of listening to their truths, the Obama supporters are making a joke about her trying to stay in.

    Obama doesn't have a clue what's going on. The Clintons do.
    Trust me. I have seen many elections. Get over Obama and hope he learns from this experience. Support Hillary or the Republicans will win this election. Check the electoral map and McCain has this election in his pocket. Hands down.

    May 27, 2008 07:50 am at 7:50 am |
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