KARN:

Mississippi election law expert Matthew Steffey said this statute is “unenforceable because you can’t quiz individual voters on what their intentions are in the voting booth because it violates their right to vote anonymously in a polling place,” noting the concept would be “inconceivable in a court of law,” and “unprecedented in American politics.”

Steffey, a professor of election law at Mississippi College School of Law in Jackson, says the McDaniel team is “playing a very weak hand.”

“Lawyers have to make the case they can make, not the case they would like to make,” Steffey said in an interview with ABC News. “And the very fact that we are talking about polls which Sen. McDaniel must know, certainly his lawyers know will have no role in court room litigation, can’t possibly be the basis for judicial opinion….that’ s not evidence, that’s at least double hearsay, it may be worse than that.”

Steffey notes the “most important number” is the cross-over votes and that has been their argument since the run-off.

“If he had a  large number (of cross-over votes) we wouldn’t be talking about polls and throwing out 71 percent of Democratic votes, he’s doing that because it’s all he’s got,” he said.