Cindy Hyde-Smith’s lawyers send letter to Mississippi counties demanding preservation of affidavit ballots

JACKSON, Miss. (WLOX) — Attorneys for Cindy Hyde-Smith’s campaign have sent a letter to all Mississippi county election commissioners and precinct clerks, asking them to segregate, secure and preserve all affidavit ballots cast during the state’s midterm elections.

In the letter, which was shared with ABC by the National Republican Senatorial Committee, Hyde-Smith’s attorneys wrote: “Each county must maintain these ballots and their associated records separately from other ballots for the 2026 general election for the duration of canvassing, certification and completion of the election process, as required by Mississippi and federal law.”

The letter reminds counties of Mississippi law that says each affidavit ballot must be sealed in an envelope bearing the written and signed affidavit and the voter’s name, then recorded in a separate receipt book.

The letter also cites Mississippi Code § 23-15-911, which dictates post-election processing, security and examination of ballot boxes after primary and general elections.

“Candidate Hyde-Smith is entitled to their preservation in an unchanged and identifiable state,” the letter states.

The letter specifically requires that each county:

1. Keep all affidavit ballots separate from regular and absentee ballots.
2. Document the decision of each ballot.
3. Retain all associated materials and custody records.

“These measures should remain in place until the completion of canvassing, certification and any review of ballot drop boxes, election contests, runoffs or other post-election activities authorized in connection with the November 3, 2026 general election. Completion of these separation and preservation processes does not eliminate applicable preservation obligations,” the letter states. “Federal law independently requires that covered federal election records be retained and preserved for 22 months from the date of the election…Implementation must not delay the legal tabulation, prevent the counting of any legally cast ballot, or compromise the secrecy of the vote. »

The letter concludes by asking counties to confirm whether the requested safeguards are in place by 5 p.m. Thursday. View the full letter HERE.

At a news conference Thursday afternoon outside the Hinds County Courthouse, Mississippi Republican Party Chairman Mike Hurst said the letter was standard procedure for such a close election. He said the party’s main goal is to ensure that laws are respected and that no evidence is accidentally or intentionally destroyed.