A legal challenge to Sen. Thad CochranThad CochranOvernight Finance: Senate sends Puerto Rico bill to Obama | Treasury, lawmakers to meet on tax rules | Obama hits Trump on NAFTA | Fed approves most banks' capital plans Senate Appropriations speeds through spending bills Week ahead: Senators face unfinished defense work MORE's (R-Miss.) runoff election win should be thrown out because it was filed too late, lawyers for the senator argue.
Cochran’s attorneys point to a 1959 state Supreme Court ruling that found challenges to “state, congressional and judicial district” primaries must be conducted within 20 days of the election.
State law is murky on the issue, however. It explicitly requires the 20-day deadline to file a challenge with the state Republican Party’s executive committee only for county election challenges. It includes no such deadline for district and statewide challenges.
But in a 1959 ruling, one Mississippi court said it would “be senseless” to assume the deadline didn’t apply to all other elections.
McDaniel must file a response to the motion from Cochran’s legal team to dismiss his lawsuit by Tuesday. A hearing on the issue is set for Thursday.