Nobody knows yet who will represent Mississippi in the next U.S. Senate. A day after the polls closed, Democrat Scott Colom held a lead of only a few dozen votes over Republican Sen. Cindy Hyde-Smith out of roughly 945,000 ballots tallied. An afternoon count on Wednesday put Colom at 462,857 votes to 462,792 for Hyde-Smith, a gap of 65 with each candidate sitting at 48.9%. Independent Ty Pinkins drew 19,938 votes.

The lead has bounced around all day. Around noon it stood at 43 votes. Colom trailed for much of election night before he moved ahead late as roughly 95% of the expected vote came in. Most forecasters had rated the seat safely Republican in a state that gave Donald Trump 61% of its vote in 2024. Hyde-Smith was appointed to the seat in 2018 and won it outright two years later with 54%.

What makes the standoff unusual is the state's election code. Mississippi has no automatic recount and no way for a candidate to ask for one, the secretary of state's office confirmed. Only a court order could start a fresh count. Once results are certified a campaign may inspect ballot materials in what the state calls a ballot box exam and then go to court if it finds problems. State law also spells out no procedure for contesting a general election for the U.S. Senate, which would push any fight into territory the courts have never handled.

Thousands of ballots still out

Uncounted votes remain in Hinds County, the most populous county in the state and a Democratic stronghold, as well as in Gulf Coast counties where Hyde-Smith has run strong. Mail ballots postmarked by Election Day can still arrive and be counted through Nov. 10. Voters who cast affidavit ballots, the state's version of a provisional vote used when someone lacks photo ID or is missing from the rolls, have until the same day to prove their eligibility.

Colom's campaign puts the number of affidavit ballots near 15,000 while the secretary of state's office has offered no figure. In Harrison County alone the circuit clerk said there could be more than 1,000 of them. He predicted certification would not come until the end of next week and said he would not be surprised to see the trailing candidate file election challenges in selected counties. Counties face a Nov. 13 deadline to certify while the state deadline is Dec. 3.

Both camps lawyer up

Colom stopped short of claiming victory at a Wednesday morning news conference outside his Jackson headquarters, though he said the numbers point his way. He said lawyers for his campaign have fanned out across Mississippi to watch local officials as they process the remaining absentee and affidavit ballots. "We're prepared to litigate," he said. "We have an army of lawyers." Asked about Hyde-Smith telling supporters on election night that she would remain their senator, he answered: "Bless her heart." Democratic election attorney Marc Elias said he is heading the legal effort on Colom's behalf.

Hyde-Smith's campaign manager Jake Monssen said in a statement that the race is being decided by mere dozens of votes and that thousands of outstanding ballots still have to be verified under state law. He said the campaign is confident the senator will be reelected once every lawful vote is counted.

A historic seat on the line

Colom is the district attorney for four counties along the Alabama line and was once nominated to be a federal district judge. A win would make him the first Black U.S. senator from Mississippi since Reconstruction. The state has not sent a Democrat to the Senate since 1982.

Mississippi is one of two Senate races still unresolved after Democrats and the independents who caucus with them locked up 54 seats. In Alaska, Democrat Mary Peltola led Sen. Dan Sullivan by fewer than 1,000 votes with about three quarters of the ballots counted. If nobody tops 50% there, a ranked-choice tally would begin on Nov. 18.