Appeal filed in suit against DNC

A consultant says his vote in the primary should matter.

By Times Staff Writer
Published October 11, 2007

TAMPA - A local political consultant who sued the Democratic National Committee in defense of Florida's early presidential primary is contesting a judge's decision to toss out his claim.

Vic DiMaio says in court papers filed today that he wants the 11th Circuit Court of Appeals to review U.S. District Judge Richard A. Lazzara's decision.

Lazzara tossed DiMaio's lawsuit in an Oct. 5 order, saying it failed to show that DiMaio had incurred any wrong that the court must make right.

DiMaio recently sued the DNC and the state Democratic Party, alleging his rights would be violated if the DNC stripped Florida of its 210 delegates to the party's national convention.

The DNC voted to do just that after the state decided to move its primary to Jan. 29, violating the national party's rules.

Lazzara said that political parties, as private entities, can set their own rules on selecting presidential nominees. Therefore, the judge said, political parties do not act as agents for the government.

[Last modified October 11, 2007, 00:25:06]