After the fiasco of the 2000 election, in which the Republicans claimed that all they were demanding was punctilious compliance with formal rules, you might think that the apparent failure of the GOP to file its ballot papers on time (combined with a Republican official turning a blind eye to the error!) in Florida presented a golden opportunity to the Democrats.
Oddly, that's not what leading state Democrats seem to think: Decision2004: Did Bush camp err on ballot papers?:
Florida Democratic Party chairman Scott Maddox said he knew the president's certificate of nomination did not reach the state until Sept. 2, but he said he decided not to make an issue of it.
“To keep an incumbent president off the ballot in a swing state the size of Florida because of a technicality, I just don't think would be right,” Maddox said.
Why not seize the opportunity to beat up the GOP a little and stoke memories of the 2000 elections?
One reason might be that the state Democrats are, by and large, cowed.
Another reason might be that the GOP controls both houses of the state legislature and the Governorship. So they would simply call a special session and change the rule. Which I think would be fully legal. Then they'd stoke their base.
Once you look at it that way, it's a tougher call. But I'd take the chance anyway if it were up to me. A mistake of this type fits the 'Bush incompetence' meme (and the hypocrisy meme) that the Democrats should be pushing at every chance they get. Just imagine that the shoe were on the other foot and ask yourself if Karl Rove would sue?
The Democratic move would be most plausible if there were other people with standing to raise the issue. But answering that question requires a much greater understanding of Florida election law than I command. All I can do is shoot off a couple emails to people who might know….