Some Mississippi voters need their ballots ‘cured.’ Here’s how the process works

Editor’s Note: Due to an editing error, the headline of this story originally said that thousands of voters needed to cure their ballots. In fact, only a very small number of voters do.

Democrat Scott Colom’s extremely narrow lead over Republican incumbent Cindy Hyde-Smith in Mississippi’s closely-watched Senate race means the victor could be decided by a handful of ballots that have currently been set aside for various technical deficiencies.

There were an estimated 8,000 to 12,000 affidavit ballots left to be counted as of Wednesday evening. But most are being counted without voters needing to take extra steps.

The small number of voters who do need to “cure” their ballots will have until Nov. 10 to do so and ensure their votes count. Counties must certify their election results by Nov. 13.

Here’s what voters need to know to ensure their vote is counted.

Affidavit ballot process

If a voter cast an affidavit ballot on Election Day because they didn’t have photo ID, they have five business days to visit the local Circuit Clerk’s office to present an acceptable photo ID or sign a religious objection affidavit. That deadline is Nov. 10. 

Acceptable forms of photo ID to cure the ballot include a state driver’s license or identification card, a U.S. passport, a tribunal card, a student ID card or a state license to carry a pistol or revolver. 

Tens of thousands of Mississippi voters were marked “inactive” ahead of the midterm election because of the state’s decision to use a new vendor with unreliable data to clean and maintain voter rolls.

If a voter was tagged as “inactive” or was not on the pollbook, they were required to fill out an affidavit ballot and provide their address and other identifying information. The affidavit ballot then goes to election commissioners to determine eligibility.

The Colom campaign* is leading the effort to observe the ballot curing process, with observers in every county.

The ACLU of Mississippi, which also is observing the process throughout the state, told Democracy Docket the primary reason a voter was tagged “inactive” is because of a change in address and faulty Experian data. Election commissioners should be able to cure and verify the ballot using the Statewide Elections Management System without additional steps taken by voters.

“However, we’re encouraging all individuals who have submitted an affidavit ballot to follow up with the Circuit Clerk anyway, just to make sure that it is counted, just so that there wouldn’t be any questions, and if there is any discrepancy, that it is cured while we’re still in this window,” said Lydia Grizzell, the advocacy director for the ACLU of Mississippi. 

Affidavit ballots may not be automatically counted if a voter isn’t registered to vote in the county where they cast a ballot, if a voter didn’t sign the ballot envelope or if they cast the ballot in a precinct not associated with their current address, according to Mississippi’s election handbook.

Lily Moens, policy director for Mississippi Votes, told Democracy Docket that one issue emerging during the cure process is people who voted at the wrong precinct because of sweeping changes to election sites.

“In Mississippi, there were over 100 precincts that were either changed or closed, and so it seems that there was confusion around where people were supposed to be voting, and that wasn’t rectified at the polls. So, folks ended up casting an affidavit ballot at the wrong precinct,” Moens said.

Those ballots can’t be cured if the voter is registered at another precinct, Moens said. 

When casting an affidavit ballot, Mississippians must be provided information on how to determine if their ballot was counted. If it is rejected, voters must be told why, according to the secretary of state’s office, 

Voters can check the status of their ballot on the secretary of state’s website.

Mail ballot process

More than 120,000 Mississippi voters requested a mail ballot this election, according to the University of Florida Election Lab. 

The state has a five-business-day grace period for mail ballots, as long as they are postmarked by Election Day, meaning they can be counted until Nov. 10. Republicans tried to gut the grace period, but it was upheld by the U.S. Supreme Court earlier this year.

Editor’s note: This story has been corrected to remove a reference to a mail ballot cure process that is no longer in effect. We apologize for the error.

*The Elias Law Group (ELG) represents the Democratic Senatorial Campaign Committee, and is active in the legal effort on behalf of the Colom campaign. ELG Firm Chair Marc Elias is the founder of Democracy Docket.