Both sides agree that the challenge could be filed in circuit court in any county where it claims voter irregularities occurred and that upon the challenge Supreme Court Chief Justice William Waller Jr. would appoint a special judge to hear the case.
There would be no jury. The special judge’s decision could be appealed to the state Supreme Court.
While the general election is not until Nov. 4, the court will still be operating under some time pressures if and when McDaniel files his appeal. Secretary of State Delbert Hosemann said the state Election Commission will meet the third or fourth week in August to approve the ballot for the November election. By the second week of September, county election commissions need to be printing the ballot to ensure it is finished in time for overseas, military voters.
“In the interim we are going to continue forward,” Hosemann said. “The state Republican Party has informed us of its nominee, which is Senator Cochran.”