“questionable” may refer to whether McDaniel or Cochran got the vote from that ballot. Once the number of questionable ballots exceeds the margin of victory, the outcome of the contest is questionable too.
Exactly.
McDaniel can’t prove the 8,300 DemocRats who crossed over illegally (after voting in the Dem primary) would necessarily have voted for him (McDaniel).
He can only show the votes are in question. There’s enough of them to go well over the margin of victory.
Therefore, the election itself is in question.
Therefore, the only available remedy is to order a new election.
But, yes. Now it’s up to the judicial system. Likely could go federal as there’s a disenfrancisement issue after the state remedies are exhausted.