If no candidate will enter the second primary with the candidate who received the highest number of votes cast, then the candidate who received the highest number of votes cast in the first primary shall be declared the nominee of his party for such office.
First, since the run-off election has occurred, we would need a ruling that the run-off is nullified and a new one scheduled.
Then, if Cochran chooses to drop out rather than force exposure of proven illegalities that might hurt the future viability of others, then it will be as if he declined the run-off altogether. If that is the case, then the section above entitles McDaniel to be the winner.
It doesn't matter that McDaninel was never a majority vote winner.
-PJ
It doesn't matter that McDaninel was never a majority vote winner. --
Good catch, and I agree that McDaniel need not ever have obtained a majority of the votes cast; but, the primary was a three way race. If Cochran had dropped out before the runoff, then there still would have been a runoff, unless the third candidate (name escapes me) also dropped out.
There was a 3rd place finisher in the primary. Carey I believe was his name.