A group of civil rights organizations wrote a letter to Secretary of State Michael Watson’s office Tuesday asking for an explanation for why the agency declared that Wednesday would be the final day that elections workers could process mail-in absentee ballots. 

Representatives from Disability Rights Mississippi, the NAACP Legal Defense Fund and the state conference of the NAACP said that Watson’s office, which oversees state elections, unilaterally counted Friday, November 29, as a business day, even though the state government considered that day a holiday. 

The questions from the three organizations come at a time when incumbent Justice Jim Kitchens and Republican state Sen. Jenifer Branning remain locked in a tight race for a seat on the Mississippi Supreme Court as absentee ballots are being counted. 

The reason for the questions surrounding what the agency considers a business day is that current state law allows local election workers to process mail-in absentee ballots for five business days after Election Day, as long as the absentee ballots were postmarked by the date of the election. 

Though the United States Postal Service conducted business on Friday November 29, Gov. Tate Reeves declared November 28 and November 29 state holidays because of Thanksgiving. 

“The decision to count Friday, November 29, 2024, as a ‘business day’ disregards Mississippi law, which will lead to voter confusion and undermine the ability of Mississippi voters to participate in the electoral process,” the letter said. 

The decision to count November 29 as a business day, means that December 4 is the deadline for local officials to process the mail-in ballots — not December 5 as originally planned.

Watson’s office declined to comment. 

The secretary of state’s office also published a 2024 elections calendar this year that stated December 5 – not December 4 – would be the deadline for local election workers to process absentee ballots, though the calendar is for planning purposes only. 

Neither candidate in the Supreme Court runoff has conceded the race yet, and county officials have until Friday December 6 to certify the results and transmit them to Watson’s office. 

A federal appeals court ruled last month that Mississippi’s process of accepting mail-in ballots after Election Day violated federal law, though the ruling did not apply to this year’s election.

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