Cochran attorney Phil Abernethy on Thursday made the same argument (before the Mississippi Supreme Court) he did weeks ago in circuit court — that McDaniel’s challenge, which was filed 41 days after the runoff, came too late. Abernethy cited a 1959 Mississippi Supreme Court ruling that a candidate must challenge election results within 20 days. He said although election laws have been updated since then, legislators did not specifically undo the precedent set by the 1959 ruling.
“The Legislature, if they thought you got it wrong, had 55 years to come back and change that,” Abernethy told justices.
McDaniel attorney Mitch Tyner said Thursday that state law was substantially rewritten in 1986 and doesn’t specify a timeline for challenging results of a multi-county primary.
“It is clear. There is no deadline,” Tyner said.