Explainer: Mississippi Has No Automatic Recount. Here Is How a Contest Would Work
With the Senate race separated by a few dozen votes, any recount would have to come through the courts. Here is what the process looks like.
Mississippi’s US Senate race between Democrat Scott Colom and Republican Sen. Cindy Hyde-Smith is separated by just 43 votes, according to results reported Wednesday. In many states, a margin that small would trigger an automatic recount. Mississippi is different.
No automatic recount
Mississippi law does not require a recount, no matter how close the race. A recount can happen only if a court orders one, typically as part of a formal election contest filed by a candidate, according to reporting on the race.
Step one: finish the count
Before any legal fight, counties must finish counting. Absentee and affidavit ballots, the state’s term for provisional ballots, can be counted through November 10.
The Colom campaign has said more than 15,000 affidavit ballots are outstanding. That figure has not been confirmed by election officials, and not every affidavit ballot will be accepted. Each one must be checked to confirm the voter’s eligibility.
Step two: certification
After counting, county election commissions certify their results, and the secretary of state compiles the statewide totals. Certification is the official declaration of results.
Step three: a possible contest
A candidate who believes errors or irregularities affected the result can file an election contest. In such cases, a court can review ballots, order a recount of specific precincts or rule on disputed categories of ballots, such as those rejected for signature or eligibility issues.
These cases tend to focus on specific, documented problems. Judges generally require evidence rather than general claims.
Why the Senate may also weigh in
The US Constitution makes each chamber of Congress the judge of the elections of its own members. In rare cases, the Senate has been drawn into disputed results. That would only become relevant if state processes left the outcome unresolved.
What to watch
The key dates are the November 10 deadline for counting outstanding ballots and the county certifications that follow. Lawyers for both campaigns are likely to monitor ballot reviews closely. Until the count is complete, neither candidate can claim the seat.
How we reported this
This report is based on information confirmed by the Associated Press or by at least two major news organizations, as noted in the text. Claims that have not been independently verified are identified as such. BURN VOC will update this story as new information is released.
