JACKSON, Miss. (AP) — Mississippi Sen. Thad Cochran's attorneys say a lawsuit seeking to overturn his Republican primary victory should be dismissed because it was filed too late.
They also argue Cochran should not have been sued because he didn't conduct the election.
Cochran defeated state Sen. Chris McDaniel in the June 24 runoff, and the state GOP certified the results July 7.
In court papers Thursday, Cochran's attorneys cite a 1959 Mississippi Supreme Court decision that a challenge to a statewide election must be filed within 20 days of when results are certified. They say that means McDaniel had a July 27 deadline. McDaniel filed suit Aug. 14.
A judge has set a Sept. 16 trial date but will hear arguments on pretrial motions, including Cochran's request to dismiss the case.
Judge Hollis McGehee moved the original start and end trial dates from Sept. 15 through Oct. 3 to Sept. 16 through Oct. 6.