Appeals Court: Florida's Votes will not Count (for now)

The votes of more than 8,000 Jackson County residents are among more than 1.7 million statewide that will not count in this year's Democratic Presidential selection process. At least for now.

The 11th U.S. Circuit Court of Appeals ruled Friday that the Tampa voter suing the Democratic National Committee (DNC) lacked standing to bring the lawsuit because Florida's January 29th primary had not yet been held at the time the suit was filed in 2007. Victor DiMaio, a Democrat, filed the lawsuit as soon as the DNC announced it would not consider Florida's votes because the state was holding its primary at a time that might dillute the importance of the votes in Iowa, New Hampshire and elsewhere.

The court did, however, rule that DiMaio could refile his suit, pointing out that he had raised
a number of interesting and potentially significant questions." They simply felt that he was not legally entitled to file the lawsuit prior to the election. While it was a technicality, it was enough to keep the suit from going forward.

DiMaio indicated in comments to the national media that he will immediately refile his action. He voted in the January 29th primary and is now entitled to file his suit because the election has already been held.

Which means that the matter will be going back before the courts for another round of arguments and a decision on the merits of the case.