OrlandoSentinel.com
State Dems take presidential-primary dispute to court
By John Kennedy ~ TALLAHASSEE BUREAU CHIEF
TALLAHASSEE — The state's top congressional Democrats will make one final attempt today to breathe life into the party's all-but-ignored Florida presidential primary by pressing a federal lawsuit against national party leaders.
U.S. Sen. Bill Nelson and U.S. Rep. Alcee Hastings, chairman of Florida's congressional delegation, accuse the Democratic National Committee and its chairman, Howard Dean, of violating the Constitution and the Voting Rights Act of 1965 by stripping the state of all 210 delegates to next year's national convention.
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By contrast, the Republican presidential contenders will gather Sunday in Miami for a debate hosted by Univision, the Spanish-language network. It will mark the third time in six weeks that the Republican field has flocked to Florida for a nationally televised debate.
"I think it's a huge advantage to us," said Florida U.S. Sen. Mel Martinez, former chairman of the Republican National Committee. "Their candidates are not being known in Florida. They're not here.
"They're really kowtowing to New Hampshire at the expense of Florida," Martinez added.
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Full Article posted in comments. But, again, with the 4 state pledge, I don't think this matters.
Wednesday, December 05, 2007
Today Sen. Nelson & Rep. Hastings to try to help Florida count
Posted by Florizel at 8:05 AM
Labels: delegates, Senator Bill Nelson
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OrlandoSentinel.com
State Dems take presidential-primary dispute to court
By John Kennedy ~ TALLAHASSEE BUREAU CHIEF
TALLAHASSEE — The state's top congressional Democrats will make one final attempt today to breathe life into the party's all-but-ignored Florida presidential primary by pressing a federal lawsuit against national party leaders.
U.S. Sen. Bill Nelson and U.S. Rep. Alcee Hastings, chairman of Florida's congressional delegation, accuse the Democratic National Committee and its chairman, Howard Dean, of violating the Constitution and the Voting Rights Act of 1965 by stripping the state of all 210 delegates to next year's national convention.
The penalty was imposed after state Democrats decided to stick with the Jan.29 presidential-primary date set earlier this year by the Florida Legislature. The date violates a national rule that allows only Iowa, Nevada, New Hampshire and South Carolina to hold primaries or caucuses before Feb.4.
"Hopefully, the judge will agree and rule that political-party bosses should have no right to punish millions of voters," Nelson said.
But equally troubling to many Florida Democrats is how the primary clash has dimmed the state's place in the national political picture.
All the major Democratic presidential candidates have yielded to pressure from the four early-voting states and signed a pledge not to campaign in Florida.
The boycott has left Florida a remote, overlooked outpost on a national primary map growing hotter by the day.
"It's really not about anything other than Iowa, New Hampshire and a little bit of South Carolina right now," said Kirk Wagar, a Coconut Grove lawyer and Florida finance chairman for Democrat Barack Obama. "For Florida, well, it is what it is."
Democratic contenders are allowed to attend fundraisers in Florida. And through Sept.30, Democrat Hillary Clinton had raised $4.7million in Florida, followed by Obama with $2.8million, according to the Center for Responsive Politics.
Florida Republican Chairman Jim Greer has mocked Democrats for using Florida as an "ATM machine." But lately, even fundraising appearances have dropped off as campaigning intensifies in early-voting states.
Miami-Dade County Democratic Chairman Joe Garcia said Florida Democrats aren't used to being ignored. "Clearly, having the candidates come here occasionally would create much more enthusiasm," he conceded. Worse, some activists say, the boycott will hurt the party next fall in the nation's biggest toss-up state.
"This is the time of year when candidates should be working your mailing lists, enlisting volunteers and replenishing contacts around the state," said Jon Ausman, a Leon County Democratic leader. "That's not happening. It's a setback for the party, and there are going to be casualties out of this."
By contrast, the Republican presidential contenders will gather Sunday in Miami for a debate hosted by Univision, the Spanish-language network. It will mark the third time in six weeks that the Republican field has flocked to Florida for a nationally televised debate.
"I think it's a huge advantage to us," said Florida U.S. Sen. Mel Martinez, former chairman of the Republican National Committee. "Their candidates are not being known in Florida. They're not here.
"They're really kowtowing to New Hampshire at the expense of Florida," Martinez added.
The Republican National Committee also has vowed to punish Florida for its early primary by stripping half of its party delegates to next year's nominating convention.
But the GOP primary Jan.29 will still select some delegates, and candidates have been campaigning steadily in the state. Rudy Giuliani and Mitt Romney have each logged more than 20 visits. Florida front-runner Giuliani envisions the state as a pivotal turning point for his campaign after absorbing what may be second- or third-place finishes in other early-voting states.
Nelson and Hastings, D-Miramar, hope to spark similar attention from Democrats if they're successful with the lawsuit, to be heard today by U.S. District Judge Robert Hinkle, an appointee of Democratic President Bill Clinton.
The Democratic National Committee would not comment on today's hearing. But its attorney, Joe Sandler of Washington, D.C., is expected to seek the suit's dismissal by citing previous U.S. Supreme Court decisions that ruled political parties are responsible for establishing rules by which their presidential candidates are nominated.
Drew Lanier, a constitutional-law expert at the University of Central Florida, labeled the Nelson-Hastings lawsuit a long shot.
"Courts have held that parties are almost like a private club, and you have to abide by the rules of the club," Lanier said. "Florida broke the rules, and that may be the end of the story."
John Kennedy can be reached at jkennedy@orlandosentinel.com or 850-222-5564.
http://www.tallahassee.com/apps/pbcs.dll/article?AID=/20071206/CAPITOLNEWS/712060364/1010/NEWS01
Article published Dec 6, 2007
Judge won't force DNC to seat delegates
By Bill Cotterell
FLORIDA CAPITAL BUREAU POLITICAL EDITOR
Not wanting to spark "a free-for-all" of states leapfrogging each other in the presidential campaign, a federal judge Wednesday refused to make the Democratic National Committee seat Florida's 210-member delegation to next summer's nominating convention.
Chief U.S. District Judge Robert Hinkle ruled that parties may set their schedules and enforce penalties against states defying them, as Florida did by setting a Jan. 29 date for its presidential primary.
Hinkle granted DNC Chairman Howard Dean's motion to dismiss the legal challenge brought by U.S. Sen. Bill Nelson and Rep. Alcee Hastings. Nelson and his chief lawyer said they won't appeal.
"It's OK that the national party has allowed certain states to go first," Hinkle said after an hour of arguments. "There is nothing in the Constitution that mandates a free-for-all that lets every state do what it pleases."
The DNC decided to keep the Iowa caucuses and New Hampshire first, by tradition. The national party chose South Carolina and Nevada to be next, for regional and demographic tests of candidate strength, and the rest were told to wait until Feb. 5 or later.
Eleven states bid for those two late-January slots, but Florida wasn't among them.
Hastings issued a statement saying Congress should step in. He and Nelson have sponsored bills to create a rotating regional primary and caucus system.
Because of the early primary date, the DNC has stripped Florida of its delegation to next summer's national convention in Denver, and major presidential candidates have refused to campaign publicly in the state. Republicans have a similar rule, but the GOP has taken away only half of Florida's delegation — 57 votes — to its convention in St. Paul, and Republican candidates aren't boycotting Florida.
Attorney Kendall Coffey, representing Nelson and Hastings, argued that the DNC had no "compelling interest" in depriving Florida of its delegation.
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