The Republican Senate candidate in Mississippi now needs thousands of late-arriving ballots to win, even though his party asked the Supreme Court to ban them. This is the single most consequential fact in the race. Republicans are betting their victory on a legal ruling they fought hard to defeat.
Sen. Cindy Hyde-Smith currently trails Democrat Scott Colom by just 65 votes with most of the count finished. The remaining votes come from mail ballots that arrived days after Election Day. A 5-4 Supreme Court decision in June upheld the Mississippi law allowing these late votes to count. Justice Amy Coney Barrett wrote the majority opinion. She stated that election-day statutes require the choice to be made on election day, but they do not set a deadline for receipt. This means ballots postmarked before the election can be counted if they arrive afterward.
Republicans in June blasted the high court's ruling. The National Republican Committee argued that federal law requires mail ballots to be received by Election Day. The Supreme Court rejected that argument. Now, the very ballots the GOP tried to stop could decide the seat. Colom leads by 1,724 votes if you count only the early returns, but the gap shrinks as late votes arrive. Around 6,000 mail ballots distributed have not yet been returned. Colom's campaign manager says there could be 15,000 provisional ballots left to count.
The state has no formal recount process. The Secretary of State's office confirmed that candidates cannot request a recount. A candidate can only perform a "ballot box exam" after the election is certified. They may file a legal challenge if they observe issues. The certification deadline is Nov. 13. National operatives from the Democratic Senatorial Campaign Committee are already on the ground. They are working to ensure every valid vote is counted.
Both sides have mobilized their legal teams. At a news conference Wednesday morning, Colom said, according to NBC News, "We're prepared to litigate, though we were prepared for this for months." He added, "We have an army of lawyers. We have local lawyers. We have everybody involved to make sure the process is followed according to the law." Hyde-Smith's campaign manager Jake Monssen said the campaign is "closely monitoring the remaining count" and is confident the incumbent will prevail. The race remains uncalled as the counting continues.
Independent challenger Ty Pinkins holds 2% of the vote with 19,938 votes. The two main candidates each hold 48.9% of the vote. This tight margin makes every single ballot critical. The situation highlights a sharp divide in how election laws are applied. The Supreme Court said the electorate's choice must be made on election day. Yet the receipt of the ballot can happen later. This distinction is now the center of a high-stakes legal battle.
The final outcome depends on how many of those late ballots are valid. According to the Secretary of State's office, no definitive number of outstanding ballots can be provided. This uncertainty will likely lead to more court filings before the Nov. 13 deadline. The result will determine who holds the Senate seat for the next term. Voters in Mississippi are watching closely to see if the law holds up under pressure.
I believe the rule of law must apply equally to all parties. If the Supreme Court said the ballots can count, then they must count.