Sen. Nelson to file suit over Fla. primary

WASHINGTON -- After threatening for weeks to sue the Democratic National Party, Sen. Bill Nelson said attorneys will file a lawsuit Thursday over his state's right to hold its Jan. 29 presidential primary.

Nelson planned to hold a news conference at the Capitol, along with Florida Democrat, Rep. Alcee Hastings, once the documents are filed in court.

The lawsuit will challenge the DNC's constitutional ability to punish Florida for holding its primary on Jan. 29. The date violates a national party rule that requires states to hold their elections and caucuses after Feb. 5. As a result, the DNC has yanked all of Florida's 210 delegates to the national convention.

Stacie Paxton, a spokeswoman for the national party, said the DNC does not comment on litigation.

"After months of working closely with Florida to bring their plan into compliance, it's unfortunate they've chosen this path," she said.

Last week, Nelson said he had "no choice" but to take the party to court after urging them to accept any of several compromises he suggested.

The DNC already faces a federal lawsuit filed by a Tampa Democratic activist who wants to force the party to recognize the results of Florida's primary.