Nelson urged to join DNC suit

A political consultant is suing the national Democratic Party over Florida's delegates.

By BILL VARIAN, Times Staff Writer
Published September 28, 2007

TAMPA - Political consultant Vic DiMaio said that he represents the little guy who will be hurt most by the national Democratic Party's decision to strip Florida of its 2008 presidential delegates.

He has as much standing to challenge the decision as anyone, he says, despite party pleadings in court earlier this week that say DiMaio is not being hurt by its action.

"It's actually the rank-and-file Democrats who are going to be hurt, and we had no say so," said Michael Steinberg, DiMaio's Tampa attorney.

During a news conference Thursday, DiMaio also urged Democratic Sen. Bill Nelson to join him in the suit rather than file separate legal action against the party, as he has threatened.

As a senator from Florida, Nelson will still get to attend the party's national convention while others who aspired to be delegates will not, DiMaio said.

Attempts to reach representatives of the Democratic National Committee and Nelson were not successful late Thursday.

Rep. Alcee Hastings of Miramar, the Florida congressional delegation's senior Democrat, said Thursday afternoon that he had just received a draft of the suit he and Nelson hope to file sometime next week.

Hastings, a former federal judge, acknowledged that case law about party primary disputes is murky, but he was hopeful of finding solid legal ground that could clear it up, to Florida's benefit.

"That's what litigation is designed to do," he said.

The DNC rules committee this summer moved to strip Florida of its delegates in response to a state decision to shift its primary election to Jan. 29, earlier than party rules allow. The Florida Democratic Party organization has since decided not to challenge the action.

DiMaio's lawsuit says the decision effectively treats Florida Democrats differently than their brethren in other states by allowing them no voice in picking the party's presidential nominee.

That, the suit maintains, violates equal protection guarantees in the 14th Amendment of the Constitution.

"The big elephant in the room is we have no delegates, no one," DiMaio said. "I'm very upset about that."

In responses to the suit submitted this week, the state and national parties say DiMaio has shown no wrong that needs to be corrected, since he will still get to vote. Party officials argue that courts have upheld the party's right to determine how it selects a nominee, regardless of whether an election is held.

Staff writer Wes Allison contributed to this report. Bill Varian can be reached at varian@sptimes.com

[Last modified September 27, 2007, 23:11:19]