- Mississippi is the only US state that does not have a set procedure in place to trigger a recount, and the pressure is on to declare a winner by the 13 November certification deadline.
- Mississippi's Secretary of State Michael Watson said that just over 2,800 absentee mail-in ballots were still to be counted, and more than 12,700 affidavit ballots had been processed. The state's Republican Party Chair Michael Hurst estimated there could be up to 25,000 affidavit ballots remaining.
- The Hyde-Smith campaign said "thousands of votes remain to be counted from dozens of Republican counties" and is "confident" this will secure her re-election, while Colom cited "historic voter turnout" and is "confident that when votes are counted, we will flip this seat".
- Both campaigns are preparing for a possible legal battle: Colom's campaign has an "army of lawyers" ready, while the state Republican party has sent more than 50 volunteers, attorneys and observers across the state.
- Lawyers from both campaigns have sent letters about counting outstanding provisional ballots. The Hyde-Smith campaign requested that all 82 counties keep them separate and preserve records as "potential evidence"; the Colom campaign called the move "no legal authority whatsoever".
- Law professor Ronald Rychlak notes that Mississippi law allows any candidate to examine ballot boxes within 12 days after the canvass and requires eligibility review for affidavit ballots, but "neither law ... establishes a blanket requirement to segregate all affidavit ballots after they have been accepted." He adds that the privacy argument is "more reasonable" because ballots are private by law.
- Despite the lack of a formal recount procedure, Rychlak says ballot-box examination is an available post-election mechanism that could lead to a recount. Additionally, a federal challenge under Article I of the US Constitution could allow the US Senate to judge the election of its own members.
Vote counting in Mississippi's Senate race continues as Democratic candidate Scott Colom leads incumbent Republican Senator Cindy Hyde-Smith by approximately 2,500 votes with 97% of ballots counted.67
Mississippi's Secretary of State Michael Watson reported that over 2,800 absentee mail-in ballots remain to be counted, alongside more than 12,700 affidavit ballots processed.345
The Republican Party Chair, Michael Hurst, estimated that up to 25,000 affidavit ballots could still be outstanding. Hyde-Smith's campaign expressed confidence, stating, "thousands of votes remain to be counted from dozens of Republican counties". In contrast, Colom highlighted "historic voter turnout" and expressed optimism about flipping the seat.
Both campaigns are gearing up for potential legal battles over the counting of provisional ballots. Colom's campaign has assembled "an army of lawyers", while the Republican Party has dispatched over 50 volunteers and attorneys statewide.10111213
Legal correspondence has been exchanged regarding the handling of provisional ballots, with Hyde-Smith's lawyers requesting that all counties keep these ballots separate. They also urged election officials to preserve records related to the provisional ballots as "potential evidence" for a legal dispute. Colom's team countered, asserting that the request has "no legal authority whatsoever".
According to law professor Ronald Rychlak, Mississippi law allows candidates to examine ballot boxes within 12 days post-election, but does not mandate the segregation of accepted affidavit ballots.14151617181920
The absence of a formal recount procedure does not preclude either campaign from challenging results, as ballot-box examination remains a viable post-election mechanism.12
"There could also be a legal challenge raised at a federal level", Rychlak noted, referencing the US Senate's authority under Article I of the Constitution to judge elections and qualifications of its members.
“Secretary of State Michael Watson says just over 2,800 absentee mail-in ballots remain, while GOP chair Michael Hurst estimates up to 25,000 affidavit ballots could be left. Hyde-Smith's campaign requested all 82 counties segregate provisional ballots as 'potential evidence,' which Colom's campaign called 'no legal authority whatsoever.'”
BBC
