Hyde-Smith's lawyers demand that Mississippi counties separate and preserve affidavit ballots in her Senate race; Colom's lawyers call the demand unlawful
Cindy Hyde-Smith's lawyers told Mississippi's 82 counties to keep affidavit ballots separate and preserved in her close Senate race against Scott Colom. Colom's lawyers say the demand has no legal basis and threatens ballot secrecy.
BackgroundHow are U.S. election results certified?
Case period:
Published by The Dispute Index editorial teamPublished Updated
Overview
Mississippi voters whose registration cannot be confirmed at the polls, or who lack photo ID, vote by affidavit ballot, which county election commissioners review before deciding whether to count it. Hurst estimated on November 5 that about 17,000 affidavit ballots and 3,000 absentee ballots remained to be verified, and counties have until November 13 to Explainerelection certificationElection-night numbers are unofficial. Local officials finish the count, check it in a canvass and certify the results, and a state board or official then certifies the statewide result. Several states treat certifying as a required duty, and courts have ordered officials who refused or delayed to certify.How are U.S. election results certified? results. The Hyde-Smith letter cites the state law on ballot box examinations, which Colom's lawyers say applies only to election contests that state law does not provide for a U.S. Senate race. Hurst said the Republican Party had more than 50 volunteer attorneys and observers watching the count and would accept the result if the law is followed.
Background: How are U.S. election results certified?
People in this case
Cindy Hyde-SmithDirectly involved
Timeline
3 timeline entries on this page. Dates: November 5, 2026
November 2026
Mississippi GOP chairman says the party is watching the count of outstanding ballots
Reaction
At a news conference in Jackson, Mike Hurst estimates about 17,000 affidavit and 3,000 absentee ballots remain to be verified and says more than 50 Republican volunteer attorneys and observers are watching county election commissioners.
[01]Mississippi GOP chairman says Senate race is 'far from being over'
WLOX reports Hurst's November 5 news conference, where he estimated 17,000 affidavit and 3,000 absentee ballots still to be verified, said the party had more than 50 volunteer attorneys and observers watching the count and said Republicans would accept the result if the law is followed.
Mississippi GOP chairman says Senate race is 'far from being over'Full article on Hurst's news conference outside the Hinds County CourthouseHyde-Smith's lawyers demand that counties separate and preserve affidavit ballots
Source release
Lawyers for Hyde-Smith's campaign send all 82 counties a letter demanding that affidavit ballots be kept apart from other ballots and preserved with their records, and ask each county to confirm by 5 p.m. that day.
[02]National Republican Senatorial Committee
Lawyers for Hyde-Smith's campaign demand that every county keep all affidavit ballots, accepted or rejected, separate from regular and absentee ballots, document each one's disposition and preserve related records, citing possible ballot box examinations, election contests or proceedings before the U.S. Senate. The letter says implementation must not delay lawful counting or compromise ballot secrecy.
Demand to Separate and Preserve Affidavit Ballots from the November 3, 2026 General Election · National Republican Senatorial CommitteeTwo-page letter to all 82 Mississippi counties dated November 5, 2026, as posted by the National Republican Senatorial Committee[03]Cindy Hyde-Smith lawyers send letter to Mississippi counties demanding preservation of affidavit ballots
WLOX reports the Hyde-Smith campaign letter, Mississippi Republican Party chairman Mike Hurst's description of it as standard procedure for a close election, and a response from Colom's campaign manager, Gerard Henderson. It reports Colom leading by 1,724 votes at publication.
Colom's lawyers tell counties not to separate accepted affidavit ballots
Reaction
Lawyers for Colom's campaign write to all 82 counties that the Hyde-Smith demand has no basis in Mississippi law and tell them not to separate accepted affidavit ballots from other paper ballots.
[04]Scott Colom
Colom's campaign counsel tells county officials that Hyde-Smith's demand has no basis in Mississippi law, that keeping accepted affidavit ballots apart would threaten ballot secrecy and treat voters unequally, and that state law provides no election contest for a U.S. Senate race. It tells counties not to separate accepted affidavit ballots from other paper ballots.
Cindy Hyde-Smith's Unlawful Attack on Voter Privacy · Scott ColomTwo-page letter to all 82 Mississippi counties dated November 5, 2026, posted on Colom's campaign website
Claims
Claims separate what was said from what is contested. Follow each source for the original wording and context.
What's disputed
Disputed claim
Mississippi and federal law require counties to keep affidavit ballots from the November 3, 2026, election separate from other ballots, and Cindy Hyde-Smith is entitled to their preservation in an unaltered and identifiable state.
What is disputed
Hyde-Smith's lawyers cite Mississippi's affidavit ballot statute, the ballot box examination law and federal record-retention rules. Colom's lawyers say no Mississippi law authorizes keeping counted affidavit ballots apart from other counted ballots, that doing so could link ballots to voters, and that the ballot box examination law serves election contests that state law does not provide for a U.S. Senate race. The Hyde-Smith letter says its measures must not compromise ballot secrecy.
Sources (2)
- Demand to Separate and Preserve Affidavit Ballots from the November 3, 2026 General Election · National Republican Senatorial CommitteeTwo-page letter to all 82 Mississippi counties dated November 5, 2026, as posted by the National Republican Senatorial Committee
- Cindy Hyde-Smith's Unlawful Attack on Voter Privacy · Scott ColomTwo-page letter to all 82 Mississippi counties dated November 5, 2026, posted on Colom's campaign website
Response record
Responses
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2 matching responses. Newest first.
Scott ColomDemocratic U.S. Senate candidate in Mississippi, through his campaign counsel Jacquelyn Lopez in a letter to county election officialsDirectly involved Before this statement
The letter opens by noting that the counties received a letter from Hyde-Smith's campaign counsel earlier that afternoon demanding what it calls unlawful and extraordinary measures in handling affidavit ballots.
"Those demands have no basis in Mississippi law, and if you depart from ordinary election procedures as you have been asked to do, you will violate Mississippi voters' rights and Mississippi election law."
CondemnedResponding to: Mississippi and federal law require counties to keep affidavit ballots from the November 3, 2026, election separate from other ballots, and Cindy Hyde-Smith is entitled to their preservation in an unaltered and identifiable state.
Full statement and sources
In a letter to all 82 counties, lawyers for Colom's campaign say Hyde-Smith's demand to keep accepted affidavit ballots separate has no basis in Mississippi law, would threaten ballot secrecy and would treat voters unequally, and they tell counties to keep counting under ordinary procedures.
After the statement
The letter says Hyde-Smith cites no legal authority for keeping accepted affidavit ballots apart from regular and absentee ballots, and later tells counties not to separate accepted affidavit ballots from other paper ballots.
Cindy Hyde-Smith's Unlawful Attack on Voter Privacy · Scott ColomTwo-page letter to all 82 Mississippi counties dated November 5, 2026, posted on Colom's campaign websiteWhy this label?
The reference point is the Hyde-Smith campaign's demand that Mississippi counties separate and preserve affidavit ballots, and the Republican scrutiny of those ballots that the demand supports. Colom's campaign calls the demand unlawful and extraordinary and warns counties that following it would violate voters' rights and state election law.
This label describes the statement's response within the context above.
Scott ColomScott Colom's U.S. Senate campaign, through campaign manager Gerard Henderson, in a statement reported by WLOXDirectly involved Before this statement
WLOX reports that lawyers for Hyde-Smith's campaign, in a letter shared by the National Republican Senatorial Committee, asked all county election commissioners and circuit clerks to separate, secure and preserve affidavit ballots.
"This desperate stunt from national Republicans is what you do when you know you're about to lose a race."
CondemnedResponding to: Mississippi and federal law require counties to keep affidavit ballots from the November 3, 2026, election separate from other ballots, and Cindy Hyde-Smith is entitled to their preservation in an unaltered and identifiable state.
Full statement and sources
Responding to the Hyde-Smith letter, Colom's campaign manager, Gerard Henderson, calls it a desperate stunt by national Republicans facing a loss and says the campaign is confident Colom will win when every lawful ballot is counted.
After the statement
Henderson adds that the campaign is confident that when every lawful ballot is counted, Colom will be Mississippi's next U.S. senator.
Why this label?
The reference point is the Hyde-Smith campaign's demand that Mississippi counties separate and preserve affidavit ballots, and the Republican scrutiny of those ballots that the demand supports. The campaign dismisses the demand as a desperate stunt by a side that expects to lose, which condemns it.
This label describes the statement's response within the context above.
Sources
(4)
Original text
Demand to Separate and Preserve Affidavit Ballots from the November 3, 2026 General Election
Relevant passage: Two-page letter to all 82 Mississippi counties dated November 5, 2026, as posted by the National Republican Senatorial Committee
About this source
Lawyers for Hyde-Smith's campaign demand that every county keep all affidavit ballots, accepted or rejected, separate from regular and absentee ballots, document each one's disposition and preserve related records, citing possible ballot box examinations, election contests or proceedings before the U.S. Senate. The letter says implementation must not delay lawful counting or compromise ballot secrecy.
- Author
- Jessica Furst Johnson, Eric Wang and Nadin Linthorst, counsel for Cindy Hyde-Smith for U.S. Senate
- Published
- Accessed
Reporting
Mississippi GOP chairman says Senate race is 'far from being over'
Mississippi Republican Party chairman Mike Hurst says the party will fight to make sure every legal vote is counted in the undecided Senate race, at a news conference outside the Hinds County Courthouse, Nov. 5, 2026.
Excerpt from 4:44 to 5:59 of the WLOX livestream. Taken from the video on the WLOX article page cited for this source. DI added its logo in the corner.
Video: WLOX. Excerpt used for news reporting and commentary
Watch the full original video (opens in a new tab) (relevant passage: Full article on Hurst's news conference outside the Hinds County Courthouse)
About this source
WLOX reports Hurst's November 5 news conference, where he estimated 17,000 affidavit and 3,000 absentee ballots still to be verified, said the party had more than 50 volunteer attorneys and observers watching the count and said Republicans would accept the result if the law is followed.
- Author
- WLOX Staff
- Published
- Accessed
Reporting
Cindy Hyde-Smith lawyers send letter to Mississippi counties demanding preservation of affidavit ballots
Relevant passage: Full article
About this source
WLOX reports the Hyde-Smith campaign letter, Mississippi Republican Party chairman Mike Hurst's description of it as standard procedure for a close election, and a response from Colom's campaign manager, Gerard Henderson. It reports Colom leading by 1,724 votes at publication.
- Author
- Flora Dedeaux, WLOX
- Published
- Accessed
Original text
Cindy Hyde-Smith's Unlawful Attack on Voter Privacy
Relevant passage: Two-page letter to all 82 Mississippi counties dated November 5, 2026, posted on Colom's campaign website
About this source
Colom's campaign counsel tells county officials that Hyde-Smith's demand has no basis in Mississippi law, that keeping accepted affidavit ballots apart would threaten ballot secrecy and treat voters unequally, and that state law provides no election contest for a U.S. Senate race. It tells counties not to separate accepted affidavit ballots from other paper ballots.
- Author
- Jacquelyn Lopez, counsel to Scott Colom for Senate
- Published
- Accessed
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Cite this record
- Publisher
- The Dispute Index
- Title
- Hyde-Smith's lawyers demand that Mississippi counties separate and preserve affidavit ballots in her Senate race; Colom's lawyers call the demand unlawful
- First published
- Last updated
- Permalink
- https://disputeindex.com/cases/hyde-smith-colom-affidavit-ballot-separation-demand
The Dispute Index. "Hyde-Smith's lawyers demand that Mississippi counties separate and preserve affidavit ballots in her Senate race; Colom's lawyers call the demand unlawful". First published: 2026-11-10. Last updated: 2026-11-13. https://disputeindex.com/cases/hyde-smith-colom-affidavit-ballot-separation-demand