Mississippi Senate race could head to court

Colom leads Hyde-Smith with 49% of the vote and 96% of votes counted at the time of publication, according to the Associated Press.

Several thousand provisional ballots are expected to be counted in the race, while election officials have until Nov. 10 to resolve qualifications for those ballots. Voters can cast a provisional ballot if their qualifications to vote cannot be verified on Election Day.

Provisional ballots must contain an envelope with the voter’s written and signed name. In Mississippi, provisional ballots are often referred to as “affidavit ballots.”

The National Republican Senatorial Committee, which represents Hyde-Smith in legal matters, sent a letter to all 82 county election officials in Mississippi requesting provisional ballots be segregated from regular and absentee ballots. The committee also asked for officials to keep records on the status of all collected ballots and to preserve custody records for the ballots.

“As the democratic process continues to play out, we are committed to ensuring that every single lawful ballot is accurately counted and the voices of all Mississippians are heard,” said NRSC Regional Press Secretary Samantha Cantrell in a statement.

Legal analysts said it is unclear whether election officials in Mississippi can comply with Republicans' request. Mississippi is one of a few states that does not have a recount mechanism or election challenge when addressing congressional races.

Candidates can, however, challenge whether certain ballots can be included in a race’s tabulation under federal or state law. Hyde-Smith and the NRSC appear to be gearing up for a challenge to the provisional ballots with Thursday’s letter.

“Completion of those separation and preservation processes does not eliminate applicable retention obligations. Federal law independently requires covered federal-election records to be retained and preserved for 22 months from the date of the election,” NRSC lawyers wrote in a letter to election officials. “Implementation must not delay lawful tabulation, prevent the counting of any legally cast ballot, or compromise ballot secrecy.”

Jessica Taylor, an analyst at The Cook Political Report, said votes appear to be trending in Colom’s favor as tabulation continues.

“I think that the trajectory that it's on again unless there were some sort of court to overturn some of these ballots, I expect [Colom] to win,” Taylor said in a briefing with The Center Square. 

Colom's victory, combined with a potential win from Mary Peltola in Alaska, could lead to a 56-seat Democratic majority in the U.S. Senate. 

Democratic leaders have also sent lawyers to Mississippi in preparation for a legal challenge to the election results. Sen. Catherine Cortez Masto, D-Nev., said she felt confident about the result in Mississippi.

"Every time we have votes coming in in Mississippi, you see Scott Colom getting more and more votes. So I feel confident there,” Cortez Masto told Semafor.

Mike Hurst, chair of the Mississippi Republican Party, said the state would work to certify the election, regardless of results.

“There is no election-denying going on here,” Hurst told reporters. “If the laws are followed and the voters spoke, Mississippi Republicans will have to accept that.”

Mississippi must certify its election results by Dec. 10.