On May 28, a U.S. District Court in Tampa, Florida, again ruled in favor of the Democratic National Committee, in a lawsuit filed by a Florida voter over Florida’s having no delegates at the national convention. DiMaio v Democratic National Committee, middle district, 8:08-cv-672T.

This was the second DiMaio lawsuit. He had lost the first one on standing and had re-filed a new case to cure that defect. The judge ruled from the bench at the conclusion of the oral argument. He said parties have a right to make their own rules.