That’s right, states are allowed to make their own law regarding ballot access but allowed by who? Federal law governs the states. Case law is solidly against MS in these types of cases. Within one week the McDaniel can obtain a federal injunction against MS and while waiting for a hearing they can get on the ballot as an independent or as a write-in.
To win MS would have to lay out a ‘state compelling interest’ argument and they won’t have one. Other states have tried and failed in many cases. There is no reason that MS can persuade a federal court that they will disenfranchise hundreds of thousands of voters because MS says ‘because’.
That’s the way it works.
But McDaniel may get the election overturned at the state level because there is clear certain evidence of a violations in state election law by those in the Cochran camp. MS cannot allow a lawbreaker (Cochran) to hide behind their sore loser laws. If they do, which they won’t unless they’re stupid and want a federal judge to hang their asses out to dry, then it’s a short walk to federal court for an injunction.
BUT - Mississippi prohibits write in candidates, doesn’t it?