Brian Moore Ballot Access Case Against Mississippi Gets Hearing Date in 5th Circuit

The Fifth Circuit will hear oral arguments in Moore v Hosemann in New Orleans, the week of November 2-6. The case concerns the Mississippi Secretary of State’s refusal to accept presidential elector paperwork for Brian Moore, the 2008 Socialist Party presidential candidate. The Secretary of State said the paperwork arrived ten minutes too late. However, the Mississippi law setting the deadline does not specify any particular hour for receiving such paperwork. Certain other election-related deadlines do specify 5 p.m. in the election law, but this deadline doesn’t.

Moore also argues that if the Secretary of State says he had administratively set the closing deadline at 5 p.m., that would have violated Article II of the U.S. Constitution, because that part of the Constitution, setting forth rules for presidential elector selection, says only state legislatures can set forth rules for that topic.

A somewhat similar case is pending in the 5th circuit against Louisiana, concerning the Libertarian Party, but no oral argument date has been set for that case, called Libertarian Party v Dardenne.


Comments

Brian Moore Ballot Access Case Against Mississippi Gets Hearing Date in 5th Circuit — 5 Comments

  1. Pingback: Ballot Access News: Brian Moore Ballot Access Case Against Mississippi Gets Hearing Date in 5th Circuit | Independent Political Report

  2. The list of New Age MORON State regimes gets longer.

    NO deadlines in STATE laws for EVERYTHING connected with the election process ???

    First election in VA colony — circa 1618 — almost a mere 400 years ago ???

    For any MORONS on this list —

    Having ELECTIONS in one of the very few things that ALL States MUST do since 4 July 1776 — in order to have the appearance that the regimes are controlled by the People.

    NOT have public schools, NOT have public roads, etc. etc.

  3. The “certain other election-related deadlines” that specify a 5:00 pm include filing nominating petitions for every other office.

    This case is yet another reason that states should use the same process for presidential elector elections as they do for every other office.

  4. how much money did the socialist party spend in 2008 for the presidential race and the senate race and the house race i’m doing a report for school

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