McDaniel election challenge will likely go to court - WLOX.com - The News for South Mississippi

McDaniel election challenge will likely go to court

Josef Nosef   Source: WLBT Josef Nosef Source: WLBT
JACKSON, MS (Mississippi News Now) -

Mississippi Republican Party Chairman Josef Nosef has sent a letter to McDaniel Campaign Attorney Mitch Tyner, saying he'd be better off taking his election challenge to the courts.

Nosef says there's no way the party can schedule a meeting, give the challenge the time it deserves, and meet a 10-day deadline imposed by a Mississippi Code Section 23-25-927, which imposes a 10-day deadline to file a petition for judicial review after a complaint has been filed with an executive committee.

Nosef went on to say that the 53 member executive requires 7-day notice for a meeting to be called which means if the notice went out tomorrow, the earliest the meeting could be held is August 14, and the 10-day deadline to take the case to court would be August 15.

The McDaniel campaign filed the challenge to the June 24 runoff Tuesday, August 5. Nosef says many executive committee members have not yet been able to access the material the McDaniel submitted for it's challenge.

"Obviously, it is not possible for our committee of 52 volunteers to attempt to engage in such an exercise in a prudent manner in one day, Nosef concluded in his letter. "In fact, given the extraordinary relief requested of overturning a United States Senate primary in which over 360,000 Mississippians cast votes, the only way to ensure the integrity of the election process and provide a prudent review of this matter is in a court of law. The public judicial process will protect the rights of the voters as well as both candidates, and a proper decision will be made on behalf of our Party and our State."

The complete letter is here.

Mississippi College law professor Matt Steffey said the following things will probably happen next:

  • McDaniel can file an appeal in a circuit court in any jurisdiction where some of the alleged irregularities occurred.
  • The Mississippi Supreme Court would then appoint a special judge to hear the case.
  • The special judge and the state election commissioners (AG Jim Hood, Gov. Phil Bryant, and SOS Delbert Hosemann) would review the evidence and decide what happens next.
  • Either side could appeal their decision to the Mississippi Supreme Court.

Copyright 2014 MSNewsNow. All rights reserved.

Powered by Frankly