The code stipulates that this practice depends on the nominee being unopposed.
AS: 23-15-317. Nomination of nominee when vacancy in nomination occurs between primary election and general election; procedure for withdrawal based upon legitimate nonpolitical reason.The code has provisions for choosing a nominee who does not receive a majority of votes in the first primary, including the possibility of withdrawal, for any reason, of one or more candidates.If any person nominated for office in a primary election shall die, be removed after his nomination or withdraw or resign from his candidacy for a legitimate nonpolitical reason as defined in this section, and such vacancy in nomination shall occur between the primary election and the ensuing general election, then the municipal, county or state executive committee with which the original nominee qualified as a candidate in the primary election shall nominate a nominee for such office. Where such a party nominee is unopposed each political party registered with the State Board of Election Commissioners shall have the privilege of nominating a candidate for the office involved.
AS: 23-15-305. Majority vote required for nomination; run-off elections.Now, that descries the consequences against the ballot in the primary runoff, not the general election.The candidate who received the majority number of votes cast for the office which he seeks shall thereby become the nominee of his party for such office and no person shall be declared to be the nominee of his party unless and until he has received a majority of the votes cast for such office, except as hereinafter provided. If no candidate received such majority of the votes cast in the first primary, then the two (2) candidates who receive the highest number of votes cast for such office shall have their names submitted as such candidates to the second primary and the candidate who leads in such second primary shall be nominated for the office.
If the candidate who received the second highest number of votes cast for such office for any reason declines to enter the second primary, then in that event the candidate who received the third highest shall have his name submitted to the second primary, together with the candidate who received the highest number of votes cast for such office.
If the candidate who received the third highest number of votes cast for such office for any reason declines to enter the second primary, then in that event the candidate who received the fourth highest shall have his name submitted to the second primary, together with the candidate who received the highest number of votes cast for such office. ...
ATTORNEY GENERAL OPINIONS
If the candidate with the most votes or the candidate with the second most votes declines to ent er the runoff, the candidate with the next highest votes would be entitled to have his name placed on the r unoff ballot. Chaney, Nov. 7, 2002, A.G. Op. #02-0676.
The remarks in the code and associated material that describe the outcome on the general election ballot, if the winner of the primary exits for political reasons, seem to indicate that the party loses its right to obtain the office.
AS: 23-15-307. Nomination as condition of being placed on general election ballot and holding office.I think the way all that works together is that if Cochran withdraws and McDaniel "opposes" the choice of the party apparatchik, then the party has to conduct another primary election so that somebody gets a majority of votes in the party's primary. If McDaniel is unopposed, but Cochran withdraws for political reasons, I don't know whether or not a primary would be required.The name of any candidate shall not be placed upon the official ballot in general elections as a party nominee who is not nominated as herein provided, and the election of any party nominee who shall be nominated otherwise than as provided in this chapter shall be void and he shall not be entitled to hold the office to which he may have been elected.
I agree that "timing is everything," but at least two months are available to reach that conclusion. IOW, decide by early September that yet another primary election must be held.
I can picture the Democratic party filing a suit that McDaniel is not entitled to the office, under the combination of no primary election where McDaniel obtained the majority, and Cochran's withdrawal is not for non-political reasons.
Therefore, the only saving grace for Republicans in Mississippi right now is for Cochran to concede the primary before the votes are certified. That makes McDaniel the outright winner. Then they can all look the other way regarding Cochran's illegalities.
Any other way makes it a messy affair for Republicans in Mississippi, and nationally.
If this is allowed to fester, Republicans really can blow a sure thing this year, something only the McConnell crew knows how to do with regularity.
-PJ
If no candidate will enter the second primary with the candidate who received the highest number of votes cast, then the candidate who received the highest number of votes cast in the first primary shall be declared the nominee of his party for such office.
First, since the run-off election has occurred, we would need a ruling that the run-off is nullified and a new one scheduled.
Then, if Cochran chooses to drop out rather than force exposure of proven illegalities that might hurt the future viability of others, then it will be as if he declined the run-off altogether. If that is the case, then the section above entitles McDaniel to be the winner.
It doesn't matter that McDaninel was never a majority vote winner.
-PJ