MIAMI (AFP) — A Florida state senator filed a lawsuit Thursday against the national Democratic Party demanding that Florida delegates take part in the party's national convention in August.
Democrats in Florida and Michigan held their presidential primaries early, in violation of party rules, and were stripped of their delegates to the convention that official crowns the nominee in return.
Senator Hillary Clinton won the January 29 primary in Florida, although none of the Democratic presidential candidates campaigned in the state.
Her rival Barack Obama's name did not even appear on the ballot in the January 15 primary in Michigan, which Clinton also won.
Clinton had gone along with the national party sanctions last year, when her White House nominating bid appeared unstoppable.
Florida had 185 pledged delegates, and 25 superdelegates. Michigan had 128 elected delegates and 28 superdelegates. The lion's share in both states would go to Clinton, were they awarded.
"I would have done this if Senator Clinton needed the votes or Senator Obama needed the votes or if Senator [John] Edwards were still in the race and needed them," said State Senator Steve Geller, who filed the lawsuit.
Edwards dropped out of the race in late January but was still a strong contender at the time of the Michigan and Florida primaries.
Clinton has been pressing for weeks for Florida and Michigan delegates to be counted as part of her long-odds bid to gain the presidential nomination.
Obama holds what seems to be an insurmountable lead over the former first lady heading into the final three primaries, ending on June 3. Not counting Florida and Michigan, he is 65 delegates short of the winning line of 2,026.
The Democratic National Committee (DNC) will meet in Washington on May 31 to adjudicate the fate of Florida and Michigan party delegates.
Both states will be major battlegrounds between the Democratic nominee and Republican candidate John McCain. In 2000, Florida played the starring role in the bitterly fought election between George W. Bush and Al Gore.
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