Judge: National Dems can penalize Fla. for setting early primary

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By Beth Boehne

Story Created: Dec 5, 2007 at 6:02 PM EST

Story Updated: Dec 5, 2007 at 6:02 PM EST

TALLAHASSEE, Fla. (AP) — The Democratic National Committee can penalize the Florida party by stripping the state of its convention delegates because it is holding an early presidential primary, a federal judge ruled Wednesday.

U.S. District Judge Robert Hinkle ruled in favor of the DNC in a lawsuit by Sen. Bill Nelson and Rep. Alcee Hastings, both Florida Democrats. Nelson and Hastings had argued that state Democrats were being illegally penalized for the state having the primary earlier than national rules allow.

But Hinkle said that political parties have a First Amendment right to set their own rules and enforce them. The national party did that, which means that Florida will not have a say in picking the Democratic nominee.

Florida's primary is Jan. 29. But Democratic Party rules say states cannot hold their 2008 primary contests before Feb. 5, except for Iowa, Nevada, New Hampshire and South Carolina. The calendar was designed to preserve the traditional role Iowa and New Hampshire have played in selecting the nominee, while including two states — Nevada and South Carolina — in the early mix to add geographic and racial and ethnic diversity.

Michigan also has moved up its presidential primary, to Jan. 15. The Democratic National Committee's Rules Committee on Saturday stripped the state of its 156 delegates. The state also stands to lose half of its delegates to the Republican National Convention. Michigan leaders in both parties say they expect their parties' presidential nominees to seat the delegates anyway.

The Democratic National Committee welcomed the decision.

"We're pleased the court ruled in our favor, recognizing the constitutionally protected right of the Democratic National Committee to enforce its rules and treat all state Democratic parties in a fair and equal way," said Democratic National Committee Communications Director Karen Finney.

Hinkle said he wanted to issue a quick oral decision because there was some urgency in the case. He planned to issue a written decision by Monday, but anticipated that would not be the last word in the case.

Nelson's lawyers were still in the courthouse and not immediately available for comment.

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