Geller sues DNC alleging Voting Rights violations

Florida's history of discrimination against African Americans should force the Democratic National Party to count all of the state's delegates at its national convention, a federal lawsuit filed Thursday claims.

The suit, filed by Senate Democratic Leader Steve Geller and two other Democrats in federal district court in Fort Lauderdale, claims that Section Five of the federal Voting Rights Act prohibits the national party form 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 and, Geller argues, that includes the Democratic National Committee's demand that Florida switch "from a state-run primary to party run caucus system.''

"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.

Geller, a Cooper City lawyer, said the Democratic National Committee has repeatedly argued that the reason it is stripping Florida of its delegates 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.

But, Geller argues, a caucus would have replaced the vote by 1.75 million Floridians with an event that was expected to capture only about 100,000 voters at 120 polling sites.

That not only would also have disenfranchised Florida Democrats serving in U.S. military based outside Florida and would "would hardly provide a representative sample of the millions who voted or the rich diversity of the state," he argued.

Geller also argues that Florida’s attorney general, Republican Bill McCollum, would have had to seek special permission from the U.S. Justice Department called “pre-clearance” to change the method of the election in order to comply with the Voting Rights Act requirements.

"It is doubtful Florida would have received this pre-clearance in a timely fashion," he said. Download geller_lawsuit.pdf

Comments

[Mimi]

I am so glad they are taking this further. Punishing the people in Florida and Michigan by not allowing their votes to be counted is travesty of justice. Having your vote count is an inalienable right of every American. If they did not follow the rules they could have been fined. Unfortunately We all know there is much more to this decision. If the majority of these votes were for Obama and we weren't allowing it we would be facing a million man march headed by Sharpton and you all know that's true. I say take it all the way to the supreme court.

[jim]

The hypocrisy of this lawsuit blows my mind. Neither Senator Clinton nor her supporters and advisers offered any objections to the primary and caucus system before the process began. Harold Ickes, as a member of the DNC, voted to deny the Michigan and Florida delegations any seats at the Democratic convention if they moved up their primaries.

Senator Clinton is not going to be the nominee of the Democratic party. The argument she is making about the popular vote is hypocritical and is based on fantasy math. In order for Senator Clinton to make the argument that she has the popular vote, she has to (1) not count the votes in primary states and (2) not count those who voted against her in Michigan, where she was the only candidate on the ballot, while passing out signs to her supporters to wave behind her on TV that say “Count every vote.”

When this presidential campaign began, Senator Clinton was one of my favorite politicians, but I now believe that her only purpose in making these disingenuous arguments (which are already being repeated by the Republicans)is to sabotage the Obama presidential campaign so that she can run again in 2012.

[jim]

Sorry--under point (1), I meant to say "not count the vote in caucus states."

[nancy sabet]

Mimi,
You are making a ridiculous argument. Obama's campaign have been, from very start, trying to win their primaries by disfranchising voters not only in Florida and Michigan but by telling Hillary to drop out even though she keeps wining most primaries. Now who is a hypocrite? Hillary is ahead in popular vote and Obama campaign wants to reverse this by denying voters of Florida and Michigan the right to be presented in the convention. Is Obama a real democrat I ask? I really doubt it, he is just using it to get to where he wants to go and he does not care if we win in November.

[Jackie Hyman]

Thank God for Geller and the other Senators in this lawsuit. By the Way , Obama has been all over McCain about lobbyists, what about him?

Obama's Fundraising Team Includes 38 Members Of Law Firms That Engage In Federal Lobbying. "Barack Obama often boasts he is 'the only candidate who isn't taking a dime from Washington lobbyists,' yet his fundraising team includes 38 members of law firms that were paid $138 million last year to lobby the federal government, records show." (Ken Dilanian, "Obama Has Ties To Lobbyists Despite Boasts Of Not Taking Their Money," USA Today, 4/16/08)

"Thirty-One Of The 38 Are Law Firm Partners, Who Typically Receive A Share Of Their Firms' Lobbying Fees. At Least Six Of Them Have Some Managerial Authority Over Lobbyists." (Ken Dilanian, "Obama Has Ties To Lobbyists Despite Boasts Of Not Taking Their Money," USA Today, 4/16/08)
Campaign Finance Institute's Michael Malbin: "It makes no difference whether the person is a registered lobbyist or the partner of a registered lobbyist, if the person is raising money to get access or curry favor." (Ken Dilanian, "Obama Has Ties To Lobbyists Despite Boasts Of Not Taking Their Money," USA Today, 4/16/08)

If Obama Attacks On Former Lobbyists, Why Does He Continue To Use Them To Raise Hundreds Of Thousands Of Dollars For His Campaign?

Obama Uses Bundlers Who Were Previously Registered As Federal Lobbyists. "Obama now has 14 bundlers who are also federally registered lobbyists, but they are currently inactive, according to Public Citizen." (Christopher Beam, "Obama's Lobbying Ties," Slate's "Trailhead" Blog, www.slate.com, 5/19/08)

Obama's Former Lobbyist Bundlers: Timothy M. Broas, Frank Clark, Howard W. Gutman, Scott Harris, Allan J. Katz, William T. Lake, Robert S. Litt, Kenneth G. Lore, Thomas J. Perrelli, Thomas A. Reed, Paul N. Roth, Alan Solomont, Robert M. Sussman And Tom E. Wheeler. (Public Citizen Website, www.whitehouseforsale.org, Accessed 5/21/08)

If Obama Is So Concerned About The Influence Of Lobbyists, Why Did He Play In A Regular Poker Game With Them While Serving In The Illinois State Senate?

While In The Illinois State Senate, Obama Played In A Weekly Poker Game With Lobbyists. "Lawmakers and lobbyists, Democrats and Republicans alike, would put their politics on hold and gather for ... their weekly poker game. It was a chance for Obama, then an Illinois state lawmaker, to socialize over cards and cigars (or, in his case, cigarettes)." (Sharon Cohen, "Barack Obama: A Pragmatist Who Learned To Adapt To Different Worlds," The Associated Press, 12/17/07)

"[Obama] Played Poker With Lobbyists, Studiously Took Up Golf. ('An Awful Lot Happens On The Golf Course,' A Friend, Jean Rudd, Says He Told Her.)" (Janny Scott, "In Illinois, Obama Proved Pragmatic And Shrewd," The New York Times, 7/30/07)

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[Kevin Poeling]

Listen,
 
If The DNC can read this then you need to know something. Your going to be talking soon amongst eachother whispering and then shouting how Gee, That Hillary Clinton doesn't seem so bad now. The Republicans are going to Tear Barack Hussein Obama apart, chew him up and spit him out. I predict a landslide victory for John Mc Cain if You decide to elect Barack Hussein Obama as the Nominnee, maybe by as much as 70/30. I for one will not vote for him, I will, like my family and friends, vote for John Mc Cain or not vote @ all. As a lifelong democrat I am expecting my party not to screw this up and loose a 3rd term to the Republicans and watch us slip further into national debt and cause a recession. The U.S. is close to 10 Trillion dollars in Debt right now. That is staggering. Hillary is the most Electable Candidate and after this is all said and done 45% of her over 18,000,000 voters like myself will not vote for Barack obama and that will loose the election for Hussein. Look @ Rezko, the Wright Factor, His Wife Michelle going off of the Deep End disrespecting our Mother Country,  his mentor groing up he refers to in his book as "Frank" was a Known Soviet Spy Communist that he learned from in Hawaii, and as of late his Great Uncle Misshap with helping the Jews in WWII, and his Newest church issue with a Priest  blasting and mocking Hillary Like a Non-Christian would using racial and inethical terms. This was a church that Barack Attended for over 20 years.  By you electing Barack Hussein Obama You are telling 45% of Hillary supporters (over 8,000,000) they're vote doesn't count and you don't care. By Electing Barack Hussein Obama you are Guaranteeing a victory for Rebublicans in the General Election. By Electing Barack Hussein Obama, You will change the Face of the Democratic Party for years to come. By not Counting mine or my families and friends votes in Fl. and Mi. You are in direct violation of mine and my families and friends Constitutional Rights. It was Barack's Idea not to Re-Vote as James Carville intended to help fund along with Bill Nelson from Fl., Michigan and Floridas Primaries. This is a tragedy amongst Americans and it seems very foul and Cover-Up., and I would appreciate it if you (The Democratic Party By laws Committe) Would get your act Straight and make Common Sense out of these issues instead of Complicating things causing a Throwed Election or A "High Jacked One". Hillary Has the popular vote, and has won the Swing states we need in a General Election, she is stronger with female voters abroad and also with white working class blue collar voters, she is stronger with christian voters, she has won all of the biggest population states and has the latino vote to count on,   she is Ahead in the Gallop Polls,  and has the Momentum @ the end of this race where NOBODY has had enough of Your precious Electoral Votes to win the Nomination. If it goes to the Convention then it's your Fault not Hillary's nor the Clinton Administration, In mine and over 17,000,000 peoples eyes right now Hillary Clinton is winning this thing despite what your conjured up idea of Committe rules states. "We the People"  Remember the Decleration of Independence? Our Votes Count Most, Not your Stinking Electoral or Super Delegate's #'s. You take this Win Away from Hillary Clinton and you are Forcing alot of Peoples hands, even more so then Baracks voters and supporters based on Every Poll that is out there right now and yes that will throw the election. Wake Up and Smell the Writing on the Wall? Thats's why Hillary Clinton is still running right now, despite what the Bias media of Fox, Msn, Abc, and Cnn says. Don't disenfranchise our Votes make every vote count the way the tickett indicated it would or you will most assuredly loose this election,  I and over 8,000,000 of my fellow American voters will make sure of that. I am putting together a Petition in Florida and Michigan with the Help of an attorney whom will remain annonymous right now that will indeed Represent the Thousands of Amercans who cast they're votes in these 2 states To Sue The DNC this is not a threat and it should not be taken lightly. "We the People" are very angry right now and upset that we have been Violated, Our Constitutional Rights have been taken away from us. The Decleration of Independence clearly states Fair Equality, It also states in article 14 of the DNC By laws that Fair Equality will be respected to the fullist extent when dealing with voters and a general Election. What they did to us should be considered Treason. Hillary Clinton has been strongly urged by her supporters and officials that perhaps she should run INDEPENDENT or under her OWN Affiliated Party and I just happen to know of over 17,000,000 People whom would vote for her already. One way or another you will have to seat Hillary Clinton or you will Loose this Election. Mark These Words.
 
VOTE HILLARY CLINTON OR LOOSE THE WHITE HOUSE IN THE UPCOMMING GENERAL ELECTION...

[Cathy in Ks.]

Thank-you, Kevin for your post. I have nothing to add. I am so angry about what has happened in the democratic party and how they have disenfranchised voters, selected an inept and inexperienced candidate with shady connections to be their presumptive nominee and stood silently by while Hillary, her family, and her supporters were trashed by the MSM and those "lovely Obama supporters.

It's Hillary or McCain for me and my husband and our adult son will probably sit this one out or vote Nader.

[cultfree]

The Florida primary vote fiasco is not about Clinton or Obama; it is about upholding the principles behind the Constitution; it is about the one person, one vote principle that men and women have fought for, marched for, and died for. I hope this law-suit is taken seriously by the judicial branch.