Cochran Attempt to Strike Hosemann’s Opinion on 20 Day Deadline Fails

Thad Cochran’s attorneys failed in their effort to keep the Secretary of State’s statements on Republican Chris McDaniel’s appeal out of the record yesterday.

Secretary of State Delbert Hosemann has at least twice previously stated to the Clarion-Ledger that there was no deadline for filing a challenge for a statewide primary election.

Attorneys for Cochran filed a motion to strike Hosemann’s statements from the record in the McDaniel appeal to the Mississippi Supreme Court. Judge Hollis McGehee heard arguments on the Motion in Mendenhall on Monday.

Mitch Tyner, McDaniel’s lead counsel, argued that this issue and Clarion-Ledger article confirming the Secretary of State’s position were before the Court at the August 28th hearing and was made a part of the Clerk’s file thereafter.

“The importance of Mr. Hoseman’s position, as the head of elections in Mississippi, is that he completely agreed with Chris McDaniel in that §23-15-923 which applies to statewide elections does not delineate a deadline for filing a challenge,” McDaniel attorney Tyner said of the decision.

Tyner continued, “In Barbour v. Gunn, the Mississippi Supreme Court made it perfectly clear that Speaker Gunn’s challenge, which was filed thirty-four days after the primary election, did not violate the mandates of Mississippi Code 23-15-923. To now require that Chris McDaniel file his challenge within twenty days of the election would create a double standard.”

The Mississippi Supreme Court has scheduled oral arguments for October 2, 2014 on the matter of the deadline for filing a statewide election challenge.

Chris McDaniel Press Release
9/23/14