U.S. District Court Hears Oral Arguments in Presidential Primary Date Lawsuit

On November 10, a U.S. District Court in Tallahassee, Florida, held oral arguments in Ausman v Browning, 4:07-cv-519. This is the interesting case on whether or not Florida is violating the First Amendment rights of the national Democratic Party, by holding its presidential primary so early as to violate the national party rules. See this article. The plaintiff is a member of the Democratic National Committee; he is also an official in the Florida state Democratic Party. National Democratic rules forbid presidential primaries earlier than February, except for New Hampshire and South Carolina. But Florida law sets the presidential primary in January.

Ausman failed to get injunctive relief in time for the Democratic convention of 2008, but he hopes to win declaratory relief, which would have an impact on future presidential elections.


Comments

U.S. District Court Hears Oral Arguments in Presidential Primary Date Lawsuit — 4 Comments

  1. Since when can a PRIVATE clubby group control a government regime ???

    Equal ballot access via equal nominating petitions.

    NO party hack caucuses, primaries and conventions.

    P.R. and A.V. — to put the EVIL past into the historical junkyard along with monarchy and slavery.

  2. Demo Rep, NO petitioning whatsoever. Assert the right to self-nomination.

    AS for proportional representation, just give us more representatives!

    As for voting methods, they all have their alleged flaws, but I think range or score voting is least objectionable.

  3. Sorry — the party hack Supremes (and mere common sense) will NOT allow a zillion self-nominated candidates for each office on the public ballots.

    Sorry — the U.S.A. AIN’T about to go back to private ballots.

    Technically 3 legislators are enough IF P.R. is used — or even 2 only IF exact votes are used — majority and minority. They may actually agree on certain laws — like having laws against murder, robbery, etc.

    The U.S.A. House of Reps became a major mob scene in 1872 after the R Party increased its size due to having MORE Southern State Reps due to 14th Amdt, Sec. 2.

    About 50 legislators is quite enough for most regimes.

    Folks can actually get to know each other a bit.

  4. New Hampshire violated Democratic Party rules by moving its primary. The national party later imposed sanctions on Florida and Michigan, while declining to do so in the case of New Hampshire.

    Florida should simply go to a direct primary like it does for every other office. Simply let a slate of electors who are registered with the party file for a position on the primary ballot, including permission from the presidential and vice-presidential candidates to run in their name.

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