"TAMPA, Fla. -- A Tampa Democratic activist sued the national and state Democratic parties in federal court Thursday over the national party's decision to strip Florida of its delegates for next year's presidential nominating convention. Seeking to penalize Florida for moving up its primary election to Jan. 29, the Democratic National Committee's rules committee voted Saturday to take away Florida's 210 votes in the national nominating convention in Denver next summer.

Political consultant Victor DiMaio, who serves on the Hillsborough County Democratic Executive Committee, claims in his lawsuit that the action violates his constitutional rights.

"Right now we have zero delegates, so we have no voice" in choosing the Democratic nominee for president, DiMaio said.

The suit, which names the Democratic National Committee and the Florida Democratic Party as defendants, seeks clarification of the law."

"The Democratic National Committee said they are within their rights.

"Florida has the right to determine its primary date. However, the Supreme Court determined more than 25 years ago that the Democratic Party has the legal right to establish the rules by which they select and seat delegates to the National Convention. We continue to hope that Florida will do the right thing and come up with a plan that's in compliance with the rules the DNC and its members from Florida voted for," said DNC spokeswoman Stacie Paxton"