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McDaniel files legal arguments as he looks to overturn Cochran loss
msbusiness.com ^ | 9/19/14

Posted on 09/19/2014 6:11:17 AM PDT by cotton1706

JACKSON — A defeated Senate candidate in Mississippi is arguing that a state court judge was wrong to dismiss his lawsuit that sought to overturn his Republican primary loss to incumbent Thad Cochran.

Attorneys for the tea party-backed candidate, state Sen. Chris McDaniel, filed legal arguments with the Mississippi Supreme Court late yesterday, hours before a midnight deadline.

The arguments mirror 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.

McGehee had agreed with Cochran’s attorneys in saying a Mississippi Supreme Court ruling in a 1959 election dispute set a timeline for trying to overturn a primary loss, and that McDaniel waited too long to challenge results of the June 24 Republican primary runoff.

McDaniel attorney Mitch Tyner wrote in his brief yesterday that the 1959 Supreme Court ruling became irrelevant when the state Legislature rewrote election laws in 1986.

(Excerpt) Read more at msbusiness.com ...


TOPICS: Extended News; Politics/Elections; US: Mississippi
KEYWORDS: elections
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Good. Keep this despicable memory alive and in the news.
1 posted on 09/19/2014 6:11:17 AM PDT by cotton1706
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To: cotton1706

If the RNC, NRSC, or any other GOP group calls you asking for a contribution, just give them lip about Mississippi.


2 posted on 09/19/2014 6:21:17 AM PDT by randita ("Is a nation without borders a nation?"...Noonan)
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To: cotton1706

The legal system will not help lhim in time. He has got to get himself on the ballot if it’s not too late. If it is too late, then he has to get himself as a write-in. I’m not for any Democrat going in if Cock-run loses, but what he did was worse than if a Democrat did get in.


3 posted on 09/19/2014 6:25:13 AM PDT by celmak
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To: celmak

No write-ins in Mississippi.


4 posted on 09/19/2014 6:58:15 AM PDT by BBB333 (Q: Which is grammatically correct? Joe Biden IS or Joe Biden ARE an idiot?)
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To: cotton1706

Simply said, it’s too late.


5 posted on 09/19/2014 7:25:15 AM PDT by rockrr (Everything is different now...)
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To: cotton1706

Believe me, I’m pulling for Chris McDaniel to continue fighting this autrocity tooth and nail until the bitter end. Unfortunately, I have zero faith in the system to do the right thing and disqualify the illegal voting that handed Cochran his completely tainted “victory”.


6 posted on 09/19/2014 7:30:52 AM PDT by DestroyLiberalism
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To: DestroyLiberalism
Its too late. Cochran and Childers are both alike. Childer’s son is with Ronnie Toesucker Musgrove with the lawsuit that is going to cost Mississippi voters millions and Musgrove and Childers stand to make tens of millions in attorneys fees. There is not a choice or an option that is feasible for Conservatives.
7 posted on 09/19/2014 7:46:14 AM PDT by vetvetdoug
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To: celmak; rockrr

If McDaniel wins this suit the primary AND general election will be overturned.


8 posted on 09/19/2014 9:03:17 AM PDT by duffee (Dump the Chairman of the Mississippi Republican Party, joe nosef.)
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To: BBB333
No write-ins in Mississippi.

Is there any way McDanial can get on the ballot then?

9 posted on 09/19/2014 9:04:34 AM PDT by celmak
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To: BBB333; Hostage

There are actually write-ins allowed under certain circumstances.

We should have keyworded all the McDaniel threads because MS election code is tricky and self-contradictory.. hard to keep up with.


10 posted on 09/19/2014 9:08:46 AM PDT by txhurl (2014: Stunned Voters do Stunning Things!)
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To: duffee
If McDaniel wins this suit the primary AND general election will be overturned.

I sure hope you're right. What odds are you giving that this actually happens?

11 posted on 09/19/2014 9:10:20 AM PDT by celmak
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To: duffee

There will be ANOTHER primary after Nov’s general, then ANOTHER election after that primary. Cochran cannot count on the black vote jeopardizing themselves this time.

Cochran’s team has until the 24th to file arguments against the ones McDaniel filed last night, then McDaniel has until the 26th to file arguments against THOSE arguments.

If ‘things’ start to look good for McDaniel, I’d tell Cochran to WITHDRAW NOW, I’ll either beat you again, or Childers will beat you. Either way you are toast.


12 posted on 09/19/2014 9:15:04 AM PDT by txhurl (2014: Stunned Voters do Stunning Things!)
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To: txhurl

Well, just point to the recent KS verdict, it doesn’t stop the thugs in black, or those in the DEM party, for doing what they want regardless of the ‘Law’


13 posted on 09/19/2014 10:01:39 AM PDT by i_robot73 (Give me one example and I will show where gov't is the root of the problem(s).)
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To: duffee

The most unfortunate aspect of this is that the pubbie party could have avoided it - if they wanted. Change the rules and make it a closed primary - eliminate allowing the dhimmis to come in and act as spoilers.

On the first round McDaniel won. Only shenanigans flipped this election.


14 posted on 09/19/2014 12:42:31 PM PDT by rockrr (Everything is different now...)
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To: cotton1706; paintriot; Lil Flower; Malichi; WXRGina; duffee; onyx; DrewsMum; Tupelo; mstar; ...

Mississippi ping


15 posted on 09/19/2014 1:49:28 PM PDT by WKB
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To: rockrr

There are reasons that Mississippi had open primaries. The main one was that the state was in a transition from democrat to Republican and the local offices were held by democrats. On the years of national elections you could vote the Republican primary and on the years of local elections you could vote for your neighbor for clerk or whatever. I hope this changes that and we go to closed primaries. I live in a county with 4 municipilities and in these 4 towns plus all the county offices we do not have any elected democrats.


16 posted on 09/19/2014 3:01:33 PM PDT by duffee (Dump the Chairman of the Mississippi Republican Party, joe nosef.)
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To: rockrr

DO NOT FORGET MS ON NOV. 4!!!


17 posted on 09/19/2014 3:45:22 PM PDT by Din Maker (I've always been crazy, but, that's the only thing that has kept) me from going insane.)
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To: BBB333; celmak

Write ins have to file by the primary filing date.
McDaniels only hope is via a court decision.


18 posted on 09/19/2014 3:54:08 PM PDT by deport
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To: BBB333

I haven’t seen anything against write-in, and the “Other” option was on the primary electronic ballot.


19 posted on 09/19/2014 4:01:36 PM PDT by Yosemitest (It's Simple ! Fight, ... or Die !)
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To: BBB333
Here's the Mississippi November 4, 2014 Mississippi General Election side-by-side candidate comparisons.
20 posted on 09/19/2014 4:25:11 PM PDT by Yosemitest (It's Simple ! Fight, ... or Die !)
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