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Hurdle For State Dems: 1981 Case Upheld Parties’ Rights On Convention Delegates

Posted Aug 28, 2007 by Billy House, Tribune Washington Bureau

Updated Aug 28, 2007 at 02:18 PM

Florida Democrats may face a big legal hurdle in challenging national Democratic Party moves to strip the state of delegates to the party’s national convention next year—a 1981 Supreme Court case that backed national parties’ rights to set rules for choosing delegates to their national conventions.

The court held in that case that the state of Wisconsin could not legally force the national Democratic Party to seat a delegation chosen in a way that violated the party’s rules.

In the 1980 Democratic National Convention, the national party had refused to seat Wisconsin’s delegates, because the delegates were chosen in a presidential primary that was open to all voters, without regard to party affiliation.

That violated party rules, and the national party had asked the state party to ignore the primary outcome and hold a caucus to choose delegates. Winsconsin Democrats refused, and sued.

Florida Democrats are in a similar situation. As in the Wisconsin case, the issue isn’t the primary itself—it’s the fact that the state insisted that the primary results, and not a party caucus, will determine the allocation of its delegates’ convention votes.

The state’s Jan. 29 primary date is too early for the schedule set by the national party. The national party has asked state Democrats to ignore the results of the primary and choose their delegates based on a caucus held in line with the schedule, on Feb. 5 or later.

Florida Democrats have refused, and insisted their delegates will be chosen according to the primary. Members of the Florida congressional delegation, led by Sen. Bill Nelson, have threatened an investigation into whether that violates Florida Democrats’ voting rights.

The 1981 ruling meant that a national political party enjoys a constitutionally protected right under the First Amendment to set rules and limits on those who could participate in a process for choosing national convention delegates.

There is one exception: The Supreme Court has ruled that party primaries are an integral component of the electoral process – and that it is unconstitutional for a party to set rules limiting participation by race.

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