Activist sues over loss of delegates

A Democratic activist sued the national and state parties in federal court Thursday over the decision to strip Florida of its delegates for next year's presidential nominating convention.

Seeking to penalize Florida for moving up its primary election to Jan. 29, the Democratic National Committee's rules committee voted Saturday to take away Florida's 210 votes in the national nominating convention in Denver.

Political consultant Victor DiMaio, who serves on the Hillsborough County Democratic Executive Committee, claims in his lawsuit that the action violates his constitutional rights.

"Right now we have zero delegates, so we have no voice" in choosing the Democratic nominee, DiMaio said.

The suit seeks clarification of the law. "We're asking the courts to determine whether the national party rules supersede states' right to set a primary," said DiMaio's attorney, Michael Steinberg.

Sen. Bill Nelson and other Democratic members of the Florida congressional delegation have threatened to take legal action. However, the Democratic National Committee contends that it is within its rights.

"Florida has the right to determine its primary date," DNC spokeswoman Stacie Paxton said. "However, the Supreme Court determined more than 25 years ago that the Democratic Party has the legal right to establish the rules by which they select and seat delegates to the national convention. We continue to hope that Florida will do the right thing and come up with a plan that's in compliance with the rules the DNC and its members from Florida voted for."

A spokesman for the Florida Democratic Party said he had not seen the lawsuit.