Uncounted ballots and voting rules leave Mississippi and Alaska Senate races unresolved

The final two unresolved US Senate races remained too close to settle on Wednesday night, with Democrats narrowly ahead in Mississippi and Alaska after the party regained both chambers of Congress. Democrats are assured at least 54 seats in the 100-member Senate when the 120th Congress begins on January 3. Winning both remaining contests would reduce the number of Republican votes they would need to reach the 60-vote threshold required to overcome a filibuster.

Mississippi delivered an unexpectedly competitive contest between Republican Senator Cindy Hyde-Smith, a firm supporter of President Donald Trump, and Democratic challenger Scott Colom. The state last backed a Democratic presidential candidate in 1976 and last elected a Democrat to statewide office in 2015. According to The Associated Press, both Senate candidates had roughly 49 percent of the vote with 96 percent of ballots counted.

Colom's advantage stood at 1,138 votes on Wednesday night, leaving the outcome dependent on thousands of outstanding absentee and provisional ballots. Provisional ballots, known in Mississippi as affidavit ballots, are used when a voter's eligibility cannot immediately be confirmed, including when someone does not present the required identification at their polling location.

Mississippi provides 10 days to process affidavit ballots and accepts mailed ballots for five business days after the election. Secretary of State Michael Watson said Wednesday that about 3,600 mail-in ballots remained to be counted, alongside an unknown number of affidavit ballots. Counties must submit certified results by November 13. Mississippi alone among US states has no formal provision automatically authorising a recount in a deadlock, meaning candidates would need a court order to seek one.

In Alaska, Democrat Mary Peltola led Republican incumbent Dan Sullivan by 637 votes on Wednesday night, according to AP, with nearly a quarter of the vote still uncounted. The state's extensive rural distances and ranked-choice voting system could leave the contest unresolved for days or weeks. Alaska's Division of Elections says ranked-choice results will be released on November 18, 15 days after the election.

Under that system, voters rank candidates by preference. A candidate wins outright by receiving more than half of first-choice votes. If nobody reaches that mark, the lowest-ranked candidate is eliminated and those ballots move to the voters' next choices. Further rounds continue until a candidate has a majority. Alaska is one of two states using ranked-choice voting in statewide elections, and critics attribute slow counting to the system.

The Alaska contest also drew scrutiny because two candidates named Dan Sullivan appeared in the race. Senator Dan S Sullivan, a Trump ally, competed alongside Dan J Sullivan Jr, a retired schoolteacher. Rumours circulated widely that the latter had been planted by Democrats to divert votes from the incumbent.

Trump's Justice Department sued to block Alaska from certifying its results, alleging that the second Sullivan's candidacy was an effort to distort voter choice. A federal judge dismissed the case on Sunday. The department has pledged to appeal.