Nelson, Hastings to file suit against DNC Thursday

Sen. Bill NelsonClarence (Bill) William NelsonChina fires back after NASA criticism of rocket debris reentry The Hill's Morning Report - Presented by Facebook - Infrastructure, Cheney ouster on deck as Congress returns NASA criticizes China after rocket debris lands in Indian Ocean MORE (D-Fla.) and Rep. Alcee HastingsAlcee (Judge) Lamar HastingsHouse Democrats unveil .9 billion bill to boost security after insurrection Carter sworn in as House member to replace Richmond, padding Democrats' majority Democrats cool on Crist's latest bid for Florida governor MORE (D-Fla.) are expected to file a lawsuit on Thursday challenging the Democratic National Committee’s (DNC) decision to strip the state of its delegates for moving its presidential primary to January.

Nelson said he would pursue the lawsuit last week after the DNC rebuffed several compromise proposals. DNC Chairman Howard Dean has stood firm against any proposal that keeps Florida a binding contest before the Feb. 5 cutoff, which only four states are allowed to precede.

Nelson and Hastings are planning a news conference for 10:30 a.m. EST, at which they are expected to say they are following through with the threat.

“We are filing a lawsuit in Florida tomorrow against the DNC,” Nelson spokesman Bryan Gulley said. Gulley said other parties would join in the suit, but he could not yet name them.

DNC spokeswoman Stacie Paxton said: “After months of working closely with Florida to bring the plan into compliance, it’s unfortunate that they have chosen this path.”

Nelson has led the effort against the DNC, while Hastings is the Democratic chairman of the state’s congressional delegation.

Their case is likely to be based on whether the DNC’s decision violates the Constitution by treating voters in certain states differently than those in others.

Florida moved its primary to Jan. 29, and Michigan has since moved its to Jan. 15, which is also in violation of DNC rules.