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Okla. Democrats Won't Sue Over 5th District Election

Congressman Markwayne Mullin
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U.S. House of Representatives

Oklahoma Democratic Party leaders say they will not file a lawsuit over Republican U.S. Rep. Markwayne Mullin's victory over the Democratic nominee who died two days before the general election. 

Party Chairman Wallace Collins said party officers met Monday and a majority voted not to challenge Mullin's victory.

Collins maintains state law calls for a special election to be held in the event of a candidate's death before the election, but he acknowledged the cost of a lawsuit was a factor in the officers' decision.

Oklahoma Attorney General Scott Pruitt's office has said federal law would trump state law in this case.

Mullin won with 70 percent of the vote over the late Earl Everett and an independent. Everett was critically injured in a car accident and died Nov. 2.

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