McDaniel: Old Case Shows Appeal Not Filed Too Late

BY EMILY WAGSTER PETTUS
Associated Press

JACKSON, Miss. – Chris McDaniel is evoking a big Mississippi political name as he tries to revive his challenge in a U.S. Senate race – current state House Speaker Philip Gunn.

McDaniel lost to Sen. Thad Cochran in the June 24 Republican primary.

Now, he’s asking the state Supreme Court to give him a second chance on a lawsuit seeking to overturn Cochran’s victory. Justices hear oral arguments Oct. 2.

In a legal brief Thursday, McDaniel says Gunn waited 34 days to challenge a 2003 Republican primary loss to incumbent Rep. Jep Barbour. Gunn won the court challenge and the election.

In dismissing McDaniel’s lawsuit, a judge said McDaniel missed a 20-day deadline to challenge the primary loss.

Cochran’s attorneys say the timing of Gunn’s challenge is not relevant to McDaniel’s case.