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A federal appeals court has thrown out a lawsuit challenging the denial of delegates to Florida Democrats. The suit was filed by Tampa resident Victor DiMaio. DiMaio says the Democratic National Committee is disenfranchising voters by not counting the parties delegates. DiMaio plans to re-file his suit. National committeeman Jon Ausman said even if the suit is re-filed, the matter will have to be settled by the campaigns before the courts get to it.

“The federal lawsuits are a waste of the judge’s time as well as the citizen’s money. You have to go through the party because this is an internal party event. And you have to be willing to deal with the rules and bylaws of the committee or the convention credentials committee,“ said Ausman.

The state democratic party was also listed in the suit. A spokesperson for the Florida Democrats declined to comment about the court’s decision.