A tea party-supported candidate is taking the first step to try to revive his lawsuit that challenges his Republican primary loss to Mississippi Sen. Thad Cochran. Attorneys for state Sen. Chris McDaniel filed a notice of appeal Friday, saying they intend to ask the Mississippi Supreme Court to overturn a judge’s dismissal of the lawsuit. Judge Hollis McGehee ruled Aug. 29 that McDaniel missed a 20-day deadline to challenge results of the June 24 Republican primary runoff. A written order of dismissal was filed Thursday, starting a 30-day period for McDaniel to appeal to the state Supreme Court. The document filed Friday contained no legal arguments.
McDaniel attorney Mitch Tyner said in a news release Friday that he disagrees with McGehee’s ruling. “The merits of Chris McDaniel’s challenge are strong, and the evidence clearly shows the outcome primary runoff was corrupted by Democrats participating in the Republican primary runoff election,” Tyner said.
Tyner told The Associated Press in a phone interview Friday that he will file papers tomorrow asking the Supreme Court for quick consideration on an appeal.
Cochran campaign spokesman Jordan Russell said Friday that the six-term senator is the GOP nominee and is focused on the Nov. 4 general election. He said Cochran’s attorneys agree with McGehee’s ruling and believe the Supreme Court will, too.
“The entire case is baseless,” Russell said of McDaniel’s lawsuit.