Voting Rights · Report · File No. 261108-595
Mississippi ended its fix for flawed mail ballots before a razor-close Senate race
In August, Secretary of State Michael Watson's office deleted the rule that let mail voters correct signature problems. Now Scott Colom leads Sen. Cindy Hyde-Smith by about 2,500 votes, and mail voters with rejected ballots have no way to fix them.
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Mississippi's U.S. Senate race is still too close to call. And a rule change most voters never heard about could decide which ballots count. In mid-August, Republican Secretary of State Michael Watson's office put out a temporary rule that deleted all of Chapter 4 of the state's election regulations. That chapter was the process that let mail voters fix, or "cure," problems with their ballots 12.
A spokesperson for Watson told Democracy Docket, a voting rights news site, that the change is in effect and that there are now no steps for curing a mail ballot 14. In plain terms, if a county rejects your mail ballot over a signature problem, you no longer get a chance to correct it.
A race decided by a sliver
As of Friday evening, Democrat Scott Colom, a district attorney, led Republican Sen. Cindy Hyde-Smith by 2,574 votes out of more than 950,000 counted, according to Associated Press figures 48. Watson's office said about 3,300 mail ballots were still outstanding, plus an unknown number of affidavit ballots. Affidavit ballots are Mississippi's name for provisional ballots, used when a voter's eligibility has to be checked later 78.
Mail ballots postmarked by Election Day count if they arrive within five business days, which makes the deadline Nov. 10 56. The U.S. Supreme Court upheld that grace period 5-4 in June 3. Counties must certify results by Nov. 13 56.
From Channel GOPColom: 200,000 Mississippians lost health insurance this yearScott Colom · 143 plays · captioned, with the source named
Mississippi has no recount law. Watson's office has said candidates "cannot request a recount, and a recount cannot be automatically triggered in Mississippi" 5. That makes every ballot accepted or thrown out during the count matter even more.
I have people texting me all the time saying they don't know why their ballot was rejected.
What the old rule did
The deleted rule dates to October 2020. Watson adopted it after the Southern Poverty Law Center, the Lawyers' Committee for Civil Rights Under Law, the League of Women Voters of Mississippi and the Mississippi NAACP sued, saying the state rejected mail ballots over signature mismatches without telling voters 1011. The groups dropped the case once the rule was in place 10. So deleting it did not break any standing court order 1.
Under the rule, officials had to send a voter an "Absentee Cure Form" within one business day of rejecting the ballot, by mail, email, fax or in person 9. The voter then had until noon on the 10th calendar day after the election to return it 9.
That matters because of who votes by mail in Mississippi. As of 2020, state law generally limited early voting to elderly voters, disabled voters and people who would be away from home on Election Day 11. More than 120,000 Mississippians asked for mail ballots this year, according to the University of Florida Election Lab 6.
Confusion over which rules apply
The old rule is still posted on the secretary of state's website 14. Civil rights groups, including the American Civil Liberties Union (ACLU) of Mississippi, had been telling voters how to cure mail ballots under it 1. Democracy Docket itself had to correct a Nov. 5 explainer to take out a mail ballot cure process "that is no longer in effect" 6.
Election law scholar Rick Hasen of the University of California, Los Angeles, wrote that the situation "could be a mess" if the race is close enough for these ballots to matter 2. In Rankin County, local reporting found that missing signatures and late registrations made up about 35% of rejected affidavit ballots so far 8.
we're encouraging all individuals who have submitted an affidavit ballot to follow up with the Circuit Clerk anyway
Voters whose affidavit ballots were cast without a photo ID can still fix them. They have until Nov. 10 to bring an acceptable ID, or sign a religious-objection affidavit, at their county circuit clerk's office 68.
Republicans move to protect their count
Republicans are preparing for a fight. Hyde-Smith's campaign and national Republicans asked all 82 counties to separate and preserve affidavit ballots 37. Colom's campaign criticized the request, and his lawyers wrote that the demands have no grounding in Mississippi law 47.
State Republican Party chair Mike Hurst said the party would "fight like hell to make sure that every legal vote that was cast is counted" 4. Hyde-Smith has said she expects late votes to help her.
We believe thousands of votes remain to be counted from dozens of Republican counties
The count has been slowed by another decision from Watson's office. It flagged more than 200,000 voter registrations as inactive using data from the credit bureau Experian, which pushed many voters into affidavit ballots 1. In DeSoto County, a county election commissioner said "more than half" of the affidavit ballots she had reviewed came from inactive voters who had been reactivated, and those ballots would count 8.
Why it matters
The pattern is worth noticing. The rules for fixing ballots changed a few months before the election, while old instructions stayed online and voter rolls were trimmed with private data. In a state with no recount, voters were left with fewer ways to make sure their ballots counted, and the burden falls hardest on the older and disabled Mississippians who rely on mail voting most.
Colom would be Mississippi's first Black U.S. senator since Reconstruction. The state has not elected a Democrat to the Senate since 1982 57. A note on sources: Democracy Docket was founded by Democratic election lawyer Marc Elias, whose firm represents the Democratic Senatorial Campaign Committee and is working with the Colom campaign 1.
The Record
- Civil rights groups announce that Secretary of State Michael Watson has adopted a rule letting mail voters cure signature mismatches within 10 days, after their lawsuit 1011.
- In mid-August, Watson's office issues a temporary rule deleting the entire mail ballot curing chapter 14.
- Election Day. Colom and Hyde-Smith finish separated by only a few thousand votes 5.
- A Watson spokesperson confirms there are no steps for curing a mail ballot. Colom leads by 2,574 votes 148.
- Deadline for Mississippi counties to certify results 56.
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Sources
- Democracy Docket, “Mississippi Senate race votes at risk after state eliminates mail ballot curing rule” (2026-11-06). democracydocket.com/news-alerts/confusion-over-mississippi-m
- Election Law Blog, “Mississippi Blues: Incompetence and Confusion from Mississippi of State's Office over End of Mail-in Ballot Cure Program That Could Impact Senate Race” (2026-11-06). electionlawblog.org/2026/mississippi-blues-incompetence-and-
- CNBC, “Mississippi Senate: Colom increases lead over Hyde-Smith to nearly 2,500 votes” (2026-11-06). cnbc.com/2026/11/05/mississippi-senate-election-scott-colom-
- Democracy Docket, “Mississippi Senate ballot fight heats up as Colom's lead grows” (2026-11-06). democracydocket.com/news-alerts/live-mississippi-senate-ball
- ABC News, “What to know about recounts in Mississippi with razor-thin margin in Senate race” (2026-11-04). abcnews.com/Politics/recounts-mississippi-razor-thin-margin-
- Democracy Docket, “Some Mississippi voters need their ballots 'cured.' Here's how the process works” (2026-11-05). democracydocket.com/news-alerts/thousands-of-mississippi-vot
- CBS News, “Mississippi Senate race still a toss-up as Democrat holds narrow lead” (2026-11-06). cbsnews.com/news/mississippi-senate-race-results-2026-midter
- Mississippi Free Press, “Liveblog: Mississippi's 2026 U.S. Senate Election Results” (2026-11-06). mississippifreepress.org/liveblog-mississippis-2026-u-s-sena
- Cornell Legal Information Institute, “1 Miss. Code. R. 17-4.2 - Cure process or rejected absentee ballots” (2020-11-03). law.cornell.edu/regulations/mississippi/1-Miss-Code-R-SS-17-
- Southern Poverty Law Center, “Civil Rights Groups Highlight New Cure Process for Mississippi Absentee Voters' Ballots, Additional Curbside Voting Availability” (2020-10-20). splcenter.org/presscenter/civil-rights-groups-highlight-new-
- Mississippi Today (via OurTupelo), “New rule ensures election officials will inform Mississippians of problems with mail-in ballots” (2020-10-20). ourtupelo.com/new-rule-ensures-election-officials-will-infor
Found an error? Tell the newsroom. Corrections are noted at the top of the story.
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