Though Howard Dean wants all his problems to disappear, that won’t happen now that the Florida Democratic Party filed a lawsuit against the DNC for disenfranchising their voters. This comes just a day after Hillary threatened to take that fight straight to the Convention in Denver.

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.

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.

“The purpose of this lawsuit is not to support one candidate over another; it’s to enforce one of the most basic tenets of our democracy: Count the votes as they were cast,” Geller said in announcing the lawsuit.

This isn’t the first time that the DNC has been accused of holding primaries that weren’t all that democratic. Gov. Ed Rendell made a similar accusation in late April:

GOV. ED RENDELL (D-PA): The popular vote is, to me, a much fairer indicia than the pledged delegates because the pledged delegates are elected in a very undemocratic way.

As I pointed out then, Sen. Obama lost the Texas Primary but won more delegates than Hillary. How is that democratic? If I understand it right, a candidate wins more delegates for winning minority districts.

Theoretically, a candidate should win 60% of the delegates if they win 60% of the vote. I think most people would agree with that thinking. Of course, we’re talking about Democrats so logic doesn’t apply.

This lawsuit will likely have a chilling effect on the DNC’s Rules and Bylaws Committee’s deliberations. I’d have to think that the people serving on the Rules and Bylaws Committee will have that in the back of their mind as they deliberate. Rest assured that they’ll know that their decision might well be overturned.

Here’s the argument that the lawyers will be making:

Geller, a Cooper City lawyer, said the Democratic National Committee has repeatedly argued that the reason it is punishing Florida is because it held its primary before the February date authorized by the party and then refused to conduct a post-primary caucus to designate delegates.

Geller argues that a caucus would have replaced the vote of 1.75 million Floridians with an event that was expected to capture only about 100,000 voters at 120 polling sites, thereby disenfranchising thousands of Florida Democrats, including those serving in U.S. military based outside Florida.

That sounds like a reasonable argument to me. I won’t predict that the lawsuit will be successful but I won’t predict that it’ll fail either. That’s sure to have Rules and Bylaws committeemembers thinking.

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Cross-posted at California Conservative

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