On November 20, a new lawsuit was filed in Florida concerning that state’s January 29 presidential primary. Ausman v Browning, in Leon County circuit court, no. 2007-ca-3233, charges that the presidential primary date is unconstitutional. The case was filed by a Florida Democratic State Committeemember and various other Democratic and Republican voters. It argues that the state is responsible for depriving Florida major party members of a meaningful vote in presidential selection. The case argues that a state political party has the right to a presidential primary date that won’t disenfranchise its voters. The case would be stronger if the Florida Democratic (or Florida Republican) Parties were co-plaintiffs.

The legal approach of this new lawsuit differs from the two cases already pending in federal court against the Florida primary date. Those cases blame the national Democratic Party for disenfranchising Florida Democrats. One of them also blames the state Democratic Party as well. The national Democratic Party is depriving Florida Democrats of all of their national convention delegates, and the national Republican Party is depriving Florida Republicans of half of their delegates, because both national parties feel the Florida presidential primary is too early. This lawsuit asks that the Florida presidential primaries be postponed to a date that is acceptable to the national parties.