For those of you confused by the notion that Florida’s delegates are not being counted I am posting this explanation. One of my dear friends emailed one of the writers for the Tampa Tribune for an explanation and this is the response he received. Thanks Bruce for passing this on to me and everyone else. I hope this sheds some light on this for you.
This is a point that confuses many people. I’ve explained it in several stories, but of course, not everyone sees every story I write. The answer is that your intuition is correct — the national parties have NO right to say when Florida or any other state holds its primary. However, they DO have the right — litigated up to the Supreme Court more than once — to choose their own nominees for president, including setting the rules by which those nominees are chosen. That’s basic freedom of association, guaranteed explicitly in the Constitution. So the Florida Legislature can set the Florida primary for any date it wants. It chose Jan. 29.
But the national party then gets to decide whether and how to seat delegates to its national nominating convention. It said it wouldn’t seat any delegates chosen before Feb. 5, or chosen as result of a process that began before Feb 5.
Republicans, of course, had a similar but less draconian rule. Both parties enacted the rules in an attempt to limit the rush of states moving their primaries ever earlier. Florida Republicans were happy enough to accept the penalty in their national party’s rule, which was loss of half their delegates. But the Democratic penalty was worse — in this case, the national party said it would eliminate the entire delegation.
The national Democratic Party asked the state Democrats to hold a caucus on Feb. 5 or later to choose their convention delegates, which the state party legally could do if it chose to (and paid for it).
The state party refused. They said that would amount to refusing to count the votes cast in the Jan. 29 primary, and therefore ignoring the expressed will of the people.
Unfortunately, there aren’t enough pine trees for me to include this long-winded explanation in every story I write.
So feel free to pass this on to 250,000 people or so.
William March, reporter
The Tampa Tribune
Office 813 259 7761 wmarch@tampatrib.com