Mississippi Vote Counting Intensifies as Scott Colom Narrows in on Senate Upset
If Sen. Cindy Hyde-Smith, R-Miss., has a single political regret from this election cycle, it may well trace back to 2023. That was the year the Mississippi Republican decided to block Mississippi District Attorney Scott Colom from ascending to a federal judgeship. Untethered to a lifetime judicial appointment, Colom chose a different path instead. He ran for the United States Senate.
Now, that decision has brought the challenger within striking distance of unseating Hyde-Smith in a deep-red Southern stronghold. As of Thursday evening, Colom held a 1,813-vote lead over the incumbent, positioning the Democrat to potentially become Mississippi’s first Black senator since Reconstruction. With the contest officially too close to call, a fierce partisan battle over vote counting erupted across the state’s 82 counties.
Lawyers Clash over Provisional and Affidavit Ballots
Hyde-Smith made it clear on Thursday that she has no intention of yielding her Senate seat without a fight. Lawyers representing the Republican and Democratic campaigns fired dueling letters at Mississippi election officials, clashing specifically over the handling of provisional and affidavit ballots. These contested votes are legally permitted to be counted through Nov. 10.
Attorneys for Hyde-Smith demanded the “immediate separation, secure custody, and preservation” of every affidavit ballot, arguing those safeguards were “necessary” to verify voter eligibility. Colom’s legal team pushed back swiftly, labeling those demands unlawful. In their response, Colom’s lawyers warned that departing from ordinary election procedures would directly violate state law and voter rights.
Marc Elias, an outspoken critic of the Trump administration who has litigated several election lawsuits involving the president, is leading the legal effort for the Colom campaign. Elias Law Group attorneys were working in Mississippi on Thursday to determine how many provisional ballots remained uncounted across each of the state’s 82 counties. Meanwhile, a Democratic source with firsthand knowledge of the proceedings noted that campaign observers were stationed in every county to monitor the verification process.
“They are going through each ballot one at a time, doing the verification, and they’re moving at a good clip, so we should be done in pretty short order here,” the source told MS NOW.
Outstanding Mail and Provisional Ballots Delay Final Outcome
The wait for a definitive outcome could stretch across several days. Mississippi state law permits absentee ballots postmarked by Election Day to arrive up to five business days later and still be counted. While the Republican National Committee previously challenged that provision, the U.S. Supreme Court upheld the rule in June.
State officials reported that roughly 3,600 mail-in ballots remained outstanding as of Wednesday, alongside tens of thousands of provisional ballots that must be cleared by the Tuesday deadline. Mike Hurst, chairman of the Mississippi Republican Party, maintained a defiant stance during a Thursday news conference. He stated that the state party was working “hand-in-glove” with Hyde-Smith’s campaign, promising swift action if laws were found to have been ignored.
Mississippi is the only state in the country that doesn’t have a recount law. Candidates cannot officially request a recount, though either campaign could pursue a “ballot box exam” if problems are identified. For now, Hyde-Smith’s camp insists that outstanding votes from Republican counties will secure her victory. Colom remains equally firm, pointing to surging absentee and affidavit participation trends among Democratic voters to justify his confidence.
