Analysis: McDaniel Likely to Lose #MSSEN Challenge

But the reason I expect McDaniel will likely lose is that he is not asking for a new election. Instead, he is asking for a remedy of having him declared the winner. He would apparently rely upon polling to show that Democrats who voted in the primary did not intend to vote for the eventual Republican nominee in the fall. This relies upon a MS code provision saying that only those who will support the nominee in the general election can vote in the primary.

To begin with, the interpretation of that provision before the election, confirmed in a press release just before the election from the Secretary of State and Attorney General was that it was unenforceable. That was the prevailing view before the election. If McDaniel didn’t like it, he should have sued before the election. Now such a claim should be barred by laches (unreasonable delay).

Election Law Blog
8/4/14