McDaniel is appealing the McGehee decision to the state Supreme Court and had previously submitted his brief to the court, which will hear oral arguments on Oct. 2.
The issues likely will be the same as argued before McGehee in August.
Attorneys for Cochran argued, and McGehee agreed, that a 1959 court ruling – Kellum vs. Johnson – establishes a 20-day deadline from the time of the election to file the challenge. McDaniel took 41 days.
But attorneys for McDaniel argue that the law upon which the 1959 ruling was based was changed by the Legislature in the 1980s. They cite the fact that in Gunn vs. Barbour in 2003, current Speaker Philip Gunn took 34 days to challenge his loss in a four-county state House race.
But Cochran contends the Gunn case is not relevant because the sides in that instance did not raise the timeliness issue.
McDaniel was defeated by Cochran in the June 24 Republican Party primary runoff by 7,667 votes out of the 392,197 cast statewide.
McDaniel claims that his campaign has found about 15,000 questionable ballots statewide.