[Political Junkie Too]

That last part is not true. Cochran conceding does make McDaniel the nominee because there are no additional Republican candidates from the primary to contest it. McDaniel was the top vote-getter, and there was no third place. So Cochran can still drop out before the run-off is certified, leaving McDaniel the only man standing.

The first part has to do with a vacancy after the primary is settled. It's not settled yet, so it doesn't apply yet.

-PJ

[Cboldt]

-- Cochran conceding does make McDaniel the nominee because there are no additional Republican candidates from the primary to contest it. So Cochran can still drop out before the run-off is certified, leaving McDaniel the only man standing. --

The way the code reads, the timing refers to "between primary and general elections," and I don't know if an election is complete on the day the ballots are cast, or on the day the contest is finally settled, or some other day. Either way, I don't think "certification" represents final settlement. If McDaniel contests the certified outcome, the race remains unsettled until his claim is resolved.

If Cochran wins the primary (gets a final settlement after McDaniel's claims have been resolved), then drops out between the primary and general election (whatever that timing is), then there is no person with a majority of votes in the primary.

I noticed that the code does not directly address a situation where the majority vote getter in the primary (the nominee) drops out for political reasons; and that's partly how I reached the inference that if Cochran drops out for political reasons, another primary has to be held. There is also a note in the code, that if Cochran drops out for other than a non-political reason, the executive committee lacks the power to name the party's nominee. This is under 23-15-317, "vacancy in nomination between primary election and general election" ...

If a nominee withdraws for a legitimate nonpolitical reason as defined in Section 23-15-317 and his sworn affidavit is approved by the State Board of Election Commissioners, the municipal party executive committee would then be required to name a substitute nominee. If a nominee withdraws and no affidavit is submitted and approved, said executive committee would have no authority to name a substitute nominee. In either case, the nominee has the right to withdraw his candidacy pursuant to Section 23-15-363. Baum, May 20, 2005, A.G. Op. 05-0237.

I think all that complexity is there to prevent parties from pulling bait and switch, or intimidating/bribing a nominee (primary winner) to withdraw - and also to encourage candidates to stick to their decision to run in the primary contest.

The way I see it, the voters have fully spoken in the primary. We don't know the results yet, but the election has been held. If Cochran is found to be the winner, and drops out for ANY reason, there is no person with a majority of votes in the primary. If Cochran drops out without a good non-political reason, the party apparatchik can't name a nominee - and no person has a majority. Looks to me that path means another election.

If Cochran is found the winner then drops out with a good non-political reason, and the party apparatchik names Barbour's son as the nominee, McDaniel will contest the selection, and again there has to be an election so one or the other can obtain a majority of votes from the qualified electorate.