GOP official: State law prevents Dems from replacing U.S. Senate candidate who dropped out

Democratic U.S. Senate hopeful Josh Mahony talks to reporters at the Arkansas state Capitol in Little Rock, Arkansas on Monday, November 4, 2019. Mahony and Republican Sen. Tom Cotton were among dozens of people who made their candidacies official on the first day of filing for the 2020 election. (AP Photo/Andrew Demillo)
Democratic U.S. Senate hopeful Josh Mahony talks to reporters at the Arkansas state Capitol in Little Rock, Arkansas on Monday, November 4, 2019. Mahony and Republican Sen. Tom Cotton were among dozens of people who made their candidacies official on the first day of filing for the 2020 election. (AP Photo/Andrew Demillo)

Republican Party of Arkansas Chairman Doyle Webb says state law appears to prevent the Democratic Party from replacing Josh Mahony with another candidate.

Mahony of Fayetteville dropped out of the U.S. Senate race Tuesday afternoon, announcing his decision in a tweet 136 minutes after the noon deadline for another Democrat to file. The tweet noted a "family health concern."

Doyle on Wednesday cited Arkansas Code Annotated 7-7-106.

The law allows a political party to replace a person "running unopposed in a preferential primary" who dies or who "notifies the party that he or she will not accept the nomination due to a serious illness."

The law doesn't include provisions for replacing a candidate who withdraws due to other "family health" concerns.

Given the statutory language, that "should be the end of it," Webb said. "The reasons that he cites for leaving the race are not reasons under Arkansas Code that allow the Democratic Party to replace his candidacy."

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