Monday, March 10, 2008

DiMaio v. Democratic National Committee

The Issue: Whether the Democratic National Committee violated federal law or national party rules by deciding to take away Florida's votes in the national presidential nominating convention, as a result of the State moving its primary election up to January 29, 2008.
Victor DiMaio says his blood is boiling over the Democratic National Committee's decision to strip Florida of all its delegates because the state moved up its primary date against party rules.

He filed a federal lawsuit against the DNC last year. Now that suit will advance to the 11th Circuit Court of Appeals on March 17th.

DiMaio v. Democratic National Committee
In this case, Hillsborough County Democratic Executive Committee member Victor DiMaio has brought a declaratory judgment action against the Democratic National Committee (DNC) to determine whether the DNC violated federal law or national party rules when it decided to take away Florida's votes in the national presidential nominating convention. The DNC made this determination as a result of the State of Florida's decision to move its primary election to January 29, 2007. DNC rules prohibit states from having their presidential primary elections earlier than the first Tuesday in February, with specific exceptions for New Hampshire, Iowa, Nevada, and South Carolina. The complaint seeks a determination that the DNC's decision violates Article II and the 14th Amendment of the U.S. Constitution. Alternatively, the plaintiff asks the Court to determine whether the National Democratic Party and the State Democratic Party may implement an alternative Party-run delegate selection system which does not conflict with the National Party rules.

District Court Documents.
Appellate Court Documents.

Election Law @ Moritz is a web publication that covers developments in the law of election administration.

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