Appeals Court Chucks Fla. Primary Suit

Panel clears way for Dem voter to amend, relaunch challenge
By Jonas Oransky,  Newser Staff
Posted Mar 21, 2008 5:39 PM CDT
Democratic Party Chairman Howard Dean   (AP Photo/Toby Talbot, FILE)
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(Newser) – A federal appeals court today tossed a lawsuit from a Florida Democrat who claimed the Democratic National Committee violated his rights by stripping the state of primary delegates. But the challenge might not be dead, the Atlanta Journal-Constitution reports: A lower court ruled the plaintiff lacked standing because he hadn't voted in a Florida primary; now that he has, he could amend the suit.

A lower court also said the case lacked merit, a finding the appeals court overruled. Today’s verdict said the case raises “potentially significant questions … on an individual’s right to vote.” But the DNC still declared victory, the South Florida Sun-Sentinel adds, arguing that the ruling affirms parties’ “right to manage and conduct their own internal affairs.”