Even though the Florida Democratic Party and the Democratic National Committee have reached an understanding that Florida may have half its delegation strength, one of the lawsuits over this controversy is proceeding. Victor DiMaio filed a notice of appeal to the 11th circuit on June 4. DiMaio is a rank-and-file Democratic voter who says that the Democratic National Committee should not have been permitted to deprive any state of its delegates to the national convention. He had lost in U.S. District Court on May 28.

Election law lawsuits are not moot just because the election is over, although the Democratic National Committee will probably still argue that the appeal is moot. The case is called DiMaio v Democratic National Committee and Florida Democratic Party.