Florida Democratic Senator Sues DNC, alleges Voting Rights Act Violation

http://www.nytimes.com/2007/10/04/u...=5090&partner=rssuserland&emc=rss&oref=slogin

[rquoter]Senator Suing Own Party Over Discord on Florida
By ABBY GOODNOUGH

MIAMI, Oct. 3 — Senator Bill Nelson of Florida is to file a federal lawsuit Thursday accusing the Democratic National Committee of violating the constitutional rights of four million of the state’s voters by refusing to seat its delegates at the party’s national convention next summer.

The suit also accuses the committee of violating the Voting Rights Act, which protects voters from racial discrimination.

The committee decided in August to strip Florida of its delegates to the Democratic convention unless the Florida Democratic Party obeyed national party rules by delaying its 2008 presidential nominating contest. The Republican-controlled Florida Legislature had voted in May to schedule primaries for Jan. 29, even though Iowa, Nevada, New Hampshire and South Carolina are the only states that the national parties allow to hold primaries or caucuses earlier than Feb. 5.

Mr. Nelson will file the suit in federal court in Tallahassee along with another Florida Democrat, Representative Alcee L. Hastings, according to a draft obtained by The New York Times. The suit also names as a defendant Kurt S. Browning, Florida’s secretary of state.

The suit asserts that the committee is depriving voters of equal protection rights by “committing substantial acts of geography-based disenfranchisement.”

In addition, it says the committee’s decision to penalize Florida will disproportionately affect black voters, most of whom are Democrats, thereby violating the Voting Rights Act.

The suit also says that because the rules infraction has led Democratic presidential candidates to agree not to campaign in Florida before the primary, voters can interact with them here only at fund-raising events. The committee, it says, is therefore imposing “the modern equivalent of a poll tax.”

A spokesman for Mr. Nelson declined to comment.

Karen Finney, a spokeswoman for the Democratic National Committee, said its members were not surprised by the suit.

“It’s disappointing that after months of trying to resolve the situation and bring Florida into compliance, these two have chosen this path,” Ms. Finney said of Mr. Nelson and Mr. Hastings. “As a general matter, we don’t comment on litigation, especially in this case, where we have not even been given the courtesy of seeing the claims being made.”

Richard L. Hasen, who specializes in election law at Loyola Law School in Los Angeles, said Mr. Nelson’s case faced substantial hurdles, because courts had been reluctant to tell political parties whom they could seat at conventions.

“They have a First Amendment right to run their internal affairs as they wish,” Professor Hasen said. “There is certainly a strong policy argument against excluding so many Democratic voters, but that does not translate into a constitutional violation.” [/rquoter]

 

let's compare Electoral Votes between Idaho and Florida, shall we?