McDaniel election challenge dismissed
By Dwayne Bremer
Aug 30, 2014, 01:10
Special Judge Hollis McGehee dismissed the election challenge of State Sen. Chris McDaniel, who was hoping to overturn the results of the June 24 U.S. Senate Republican Primary.
McGehee, who was appointed by the Mississippi Supreme Court to hear the case, gave his ruling at a hearing at the Harrison County Courthouse in Gulfport.
McGeehee cited case law which said candidates only have 20 days after an election to file a challenge with their respective parties.
Cochran's attorneys earlier this week filed a motion to dismiss the case.
Earlier this week, McDaniel's legal team had sent subpoenas to 47 circuit clerks in the state, including Hancock County Circuit Clerk Karen Ruhr.
The subpoena sought to have all of the county's election materials be brought to Jones County by Friday in advance of the trial.
In previous court filings, McDaniel claimed that more than 200 votes from Hancock County were "questionable" because poll workers had apparently marked "voted" in the wrong column.
County Attorney Gary Yarborough said Friday that he had sent an objection to the subpoena on Ruhr's behalf.
He said the subpoena was not served properly and the time limitations were "burdensome."
Friday's ruling makes the subpoena a moot point, officials said.
Cochran attorney Mark Garriga said Friday that the election challenge has been an "ordeal" for Cochran, his staff, and circuit clerks across the state. He called on McDaniel to concede and not appeal McGehee's decision to the Mississippi Supreme Court.
"It's time to move on to the general election," Garriga said.
McDaniel attorney Mitch Tyner said that the candidate will weigh his options over the weekend.
"We are going to take the weekend and go from there," Tyner said. "Sen. McDaniel will hold a press conference on Tuesday with more information."
McDaniel can appeal McGehee's decision to the state supreme court.
"We discussed this possible outcome with him," Tyner said. "He was not ready to accept this possibility. This has been a costly litigation, so it is going to take some time."