Florida DNC Member: Superdelegates In FL To Count

** I originally identified Ausman as a Clinton supporter. There is some dispute about that, and I have not been able to get in touch with him to settle it.

It depends on what the meaning of the word "shall" is.

Jon M. Ausman, a member of the Democratic National Committee from Florida, has filed an appeal with the party's rules and bylaws committee, arguing that its 2007 penalties against Michigan and Florida violated the DNC charter itself.

Why?

Because the charter explicitly states that the following members of the party are automatically granted the status of delegates no matter what: “members of the Democratic National Committee, Democratic members of the United States Senate and the Democratic Members of the House of Representatives, former Chairs of the Democratic National Committee.”

Basically: the DNC can take way the earned (pledged) delegates... but it can't touch the automatic (super) delegates, because they're protected by the DNC's charter, which supercedes the DNC's rules and bylaws committee.

The verb used by the DNC charter is "shall."

So -- if the RBC hears the appeal, which they'd do at a meeting in, I think, April, and if they agree, the 23 superdelegates from Florida will be eligible for counting.

Read the appeal here.