The Cochran legal team is saying that because Chris McDaniel waited too long but the Secretary of State and past Mississippi election history shows that that’s wrong.
Naturally, the stenographers at the Clarion Ledger for the Cochran campaign followed suit writing an article, “Did McDaniel wait too late to file?”
But don’t take my word for it: take the Secretary of State’s spokesman and the Clarion Ledger’s own reporting.
Indeed, current Speaker Philip Gunn filed his complaint with the State Executive Committee thirty-four days after the primary under the very same statute McDaniel is using to challenge, statute 23-15-923.
Cochran wants to dismiss under a statute that does not apply–23-15-921.
Indeed, Jep Barbour of the Barbour clan won a state house election & was certified as winner. Gunn filed challenge with State Exec Committee. of Republican Party, then filed for judicial review. Hinds Co. ordered a new election. Barbour appealed order and motioned for a stay. Supreme Court denied stay and expedited appeal. Gunn succeeded in forcing a new election.
Current Speaker Gunn filed his complaint with the State Executive Committee 34 days after the primary under the same statute McDaniel is using to challenge. 23-15-923.
Here’s the relevant section of the Mississippi Code.
MS Code 23-15-923
“Except as otherwise provided in Section 23-15-961, a person desiring to contest the election of another returned as the nominee in state, congressional and judicial districts, and in legislative districts composed of more than one (1) county or parts of more than one (1) county, upon complaint filed with the Chairman of the State Executive Committee, by petition, reciting the grounds upon which the election is contested. If necessary and with the advice of four (4) members of said committee, the chairman shall issue his fiat to the chairman of the appropriate county executive committee, and in like manner as in the county office, the county committee shall investigate the complaint and return their findings to the chairman of the state committee. The State Executive Committee by majority vote of members present shall declare the true results of such primary.”
Cochran’s campaign wants to dismiss under a statute that does not apply 23-15-921.
“Except as otherwise provided by Section 23-15-961, a person desiring to contest the election of another person returned as the nominee of the party to any county or county district office, or as the nominee of a legislative district composed of one (1) county or less, may, within twenty (20) days after the primary election, file a petition with the secretary, or any member of the county executive committee in the county in which the election was held, setting forth the grounds upon which the primary election is contested; and it shall be the duty of the executive committee to assemble by call of the chairman or three (3) members of said committee, notice of which contest shall be served five (5) days before said meeting, and after notifying all parties concerned proceed to investigate the grounds upon which the election is contested and, by majority vote of members present, declare the true results of such primary.”