Chris McDaniel continues challenging Mississippi Senate primary results
Tea Party candidate Chris McDaniel delivers a concession speech in Hattiesburg, Mississippi in this June 24, 2014 file photo. REUTERS
JACKSON, Miss. -- Defeated Mississippi Senate candidate Chris McDaniel is arguing that a state court judge was wrong to dismiss his lawsuit that sought to overturn his Republican primary loss to Sen. Thad Cochran.
Just hours before a midnight deadline, attorneys for McDaniel, a state senator who was supported by tea party groups, filed legal arguments with the Mississippi Supreme Court late Thursday.
The arguments reiterate what McDaniel's attorneys had said before Judge Hollis McGehee dismissed McDaniel's lawsuit last month - that current state law does not specify a deadline for a candidate to challenge a primary loss.
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A 1959 judicial decision by the Mississippi Supreme Court imposed a 20-day deadline to file, according to the Jackson Clarion-Ledger, but McDaniel's attorney argued that the decision applies only to local offices, not statewide or legislative offices.
The attorney, Mitch Tyner, also wrote in his brief Thursday that the 1959 Supreme Court ruling became irrelevant when state lawmakers overhauled election laws in 1986.
McGehee had agreed with Cochran's attorneys in saying the court ruling set a timeline for trying to overturn a primary loss, and that McDaniel delayed too long in challenging the results of the Republican primary runoff, which was held on June 24.
McDaniel is asking justices to reverse McGehee's decision and order the judge to hold a full trial on the lawsuit. The suit had asked McGehee to declare McDaniel the GOP primary winner, based on McDaniel's contention that Cochran improperly courted voters who usually support Democrats.
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Chris McDaniel continues challenging Mississippi Senate primary results