JACKSON, Miss. (WLOX) — Lawyers for the Cindy Hyde-Smith campaign have sent a letter to all Mississippi county election commissioners and circuit clerks, asking them to separate, secure and preserve any affidavit ballots cast in the midterm elections in the state.
In the letter, which was shared with ABC by the National Republican Senatorial Committee, lawyers for Hyde-Smith wrote, “Each county must maintain these ballots and their associated records separate and apart from other 2026 general election ballots throughout the duration of the canvass, certification, and completion of the election process, as required by Mississippi and federal law.”
Cindy Hyde-Smith lawyers send letter to Mississippi counties demanding preservation of affidavit ballots(WLOX)
The letter reminds counties of the Mississippi law that says each affidavit ballot must be sealed in an envelope bearing the voter’s written and signed affidavit and name, and then recorded in a separate receipt book.
The letter also cites Mississippi Code § 23-15-911, which dictates the post-election handling, security and examination of ballot boxes after primary and general elections.
“Candidate Hyde-Smith is entitled to their preservation in an unaltered and identifiable state,” the letter reads.
The letter specifically demands that each county:
Maintain all affidavit ballots separately from regular and absentee ballots.Document each ballot’s disposition.Preserve all associated materials and custody records.
“These measures should remain in place through completion of the canvass, certification, and any ballot box examination, election contest, runoff, or other authorized post-election activity in connection with the November 3, 2026 general election. Completion of those separation and preservation processes does not eliminate applicable retention obligations,” the letter reads. “Federal law independently requires covered federal-election records to be retained and preserved for 22 months from the date of the election… Implementation must not delay lawful tabulation, prevent the counting of any legally cast ballot, or compromise ballot secrecy.”
The letter ends by asking counties to confirm whether the requested safeguards are in place by 5 p.m. Thursday. See the full letter HERE.
During a press conference Thursday afternoon outside the Hinds County Courthouse, Mississippi Republican Party Chairman Mike Hurst said the letter is standard procedure for an election this close. He said the party’s main goal is to make sure laws are being followed, and no evidence is destroyed either accidentally or on purpose.
As of the time this story was published, the Mississippi U.S. Senate race between Republican incumbent Hyde-Smith and Democrat Scott Colom still hasn’t been called. Colom currently leads Hyde-Smith by 1,724 votes. Colom has 466,226 votes (49%), and Hyde-Smith has 464,502 votes (48.9%).
Colom’s campaign manager Gerard Henderson issued a response to the letter Thursday afternoon, saying “This desperate stunt from national Republicans is what you do when you know you’re about to lose a race. We’re confident that when every lawful ballot is counted, Scott Colom will be Mississippi’s next U.S. senator.”
See up-to-date election results HERE.
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