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Mississippi's Senate race is 1,138 votes apart. Thousands of ballots and no recount law remain.

Colom led Hyde-Smith 464,926 to 463,788 at 96% reporting. Affidavit and late mail ballots will decide it, and lawsuits are the only recourse.

Mississippi's Senate race is 1,138 votes apart. Thousands of ballots and no recount law remain.
Stock photo. Photo by Jesse Paul on Unsplash

Mississippi's U.S. Senate race is too close to call, and the outcome now rests on ballots that were still being counted Thursday morning. Democrat Scott Colom led Republican incumbent Cindy Hyde-Smith by 1,138 votes, 464,926 to 463,788, with an estimated 96% of the vote reported, according to ABC News' live results updated at 6:12 a.m. Eastern on Nov. 5.

The lead has moved a lot since election night. At 3 a.m. Wednesday, the Associated Press count showed Colom ahead by 43 votes out of more than 925,000, 462,821 to 462,778, WLBT in Jackson reported. Independent Ty Pinkins received 19,935 votes. Mississippi has no runoff for federal general elections, so the candidate with the most votes wins.

What is still uncounted

  • Affidavit ballots. Mississippi's secretary of state, Michael Watson (R), flagged 230,000 voter registrations as inactive before the election, and those voters could still vote Tuesday only by casting an affidavit (provisional) ballot, Democracy Docket reported. The Colom campaign estimates 10,000 to 15,000 are outstanding, according to Mississippi Today as cited by WLBT. Watson's office told ABC News it has no definitive number and said an "unknown number" will be processed within the 10-day window counties have to certify.
  • Mail ballots. Watson said about 3,600 mail ballots could still arrive within five business days of Election Day, ABC reported. Ballots postmarked by Election Day count if they arrive by Nov. 10, Democracy Docket reported.

Under state law, officials must count an affidavit ballot if the voter was previously registered in that precinct, the voter and poll manager signed the envelope, and the voter shows acceptable ID within five business days of Election Day, Democracy Docket reported. Voters who showed ID at the polls already meet that requirement.

No recount, so lawsuits are the path

Mississippi's Secretary of State's office confirmed to ABC News that the state has no recount process: candidates cannot request one and none is triggered automatically. A candidate can examine ballot materials after certification and file a legal challenge if they see problems, the office said. Democracy Docket noted that election law professor Derek Muller of Notre Dame said a losing candidate could still challenge decisions to include or exclude particular ballots.

Local certification is due Nov. 13, ABC reported. Democracy Docket reported the state's deadline is Dec. 3.

The two campaigns

Hyde-Smith declared victory Tuesday night, WLBT reported, before the count was complete. Colom told supporters Wednesday: "We have an army of lawyers. We have local lawyers; we have everybody involved to make sure the process goes according to the law." If his lead holds, WLBT noted, he would be the first Black U.S. senator from Mississippi since Hiram Revels was sworn in in 1870. Mississippi voted for Donald Trump with 61% in 2024, ABC reported.

Why it matters to workers

ABC News projects Democrats have won Senate control, 54 seats to 44, with Mississippi and Alaska still being counted, so this race decides the size of the majority that will vote on labor, health care and wage bills. It also tests what happens to voters who were moved to inactive status before an election.

If you cast an affidavit ballot in Mississippi, confirm that it was verified, and if you did not show ID at the polls, provide acceptable ID to election officials within five business days of Election Day (Monday, Nov. 10, by our count). Colom has urged voters to check their ballot status.

Sources

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