By Jim Ash • Florida Capital Bureau Chief • November 28, 2008
The fight over Florida's presidential primary has taken a new turn, and a Democratic activist from Tallahassee is back in federal court.
Jon Ausman, a member of the Democratic National Committee, has joined with Republican voters to ask a federal judge to strike the Florida law that moved Florida's primary from March to Jan. 29.
Ausman sued when Gov. Charlie Crist and the Republican-dominated Legislature changed the primary date in 2007, violating Democratic and Republican national party rules that prohibited all but a few states from holding a primary before Feb. 5.
The national parties threatened to strip Florida of its delegates to the nominating conventions but later backed down. That prompted attorneys for the state to argue earlier this month that Ausman's suit should be dismissed because it was "moot."
But Chief U.S. District Judge Robert Hinkle gave Ausman and his attorneys another shot, allowing them to amend their complaint. Ausman originally was seeking an emergency injunction.
Filed earlier this week on behalf of all of the state's Democratic and Republican voters, it alleges that the Florida law is unconstitutional because it infringes on the rights of political parties to set their own rules.
"I would like to see the Legislature reined in in its interference in internal party affairs," Ausman said Friday.
Lawyers for the state have until Dec. 14 to file a response.
http://www.tallahassee.com/article/20081128/BREAKINGNEWS/81128014