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Federal Judiciary

: Southern District of Florida

DNC lawsuit

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From the Miami Herald:

Florida's history of discrimination against African Americans should force the national Democratic Party to count all of the state's delegates at its national convention, a federal lawsuit filed Thursday claims.

The suit, filed by state Senate Democratic Leader Steve Geller and two other Democrats, claims that the federal Voting Rights Act prohibits the national party from stripping the state of its convention delegates as punishment for violating party rules by holding its primary too early.

The civil-rights-era law requires the U.S. Justice Department to approve any significant voting change in Florida to make sure it doesn't disenfranchise minority voters. Geller argues that includes the Democratic National Committee's demand that Florida switch ''from a state-run primary to party-run caucus system'' to avoid losing its delegates.

''This is not about the Hillary Clinton campaign; this is not about the Barack Obama campaign. This is not even about the Florida Democratic Party. This is about democracy and how we value our votes,'' said Barbara Effman, president of the West Broward Democratic Club and a Clinton delegate. Effman joined Geller, an uncommitted superdelegate, and Percy Johnson, an Obama delegate, in the lawsuit.

Here's the lawsuit, filed by Ben Kuehne and Richard Epstein, which was assigned to Judge Marra.

Full post as published by Southern District of Florida on May 24, 2008 (boomark / email).

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