On November 4, the 5th circuit heard arguments in Moore v Hosemann, 09-60272, the case that arose in 2008 when presidential elector declarations of candidacy for Brian Moore were turned in to the Mississippi Secretary of State at 5:10 p.m. The office was still open, but the Secretary of State said they were ten minutes too late. Brian Moore was the Socialist Party presidential candidate, although in Mississippi he had been nominated by the Natural Law Party, a ballot-qualified party.

Mississippi election laws do specify that 5 p.m. is the deadline for many other kinds of paperwork, but says nothing about 5 p.m. for anything concerning presidential elections. The Mississippi Secretary of State said he had his own regulation about that, but Article II of the U.S. Constitution says only state legislatures can write election procedures concerning presidential electors.

Judge Edith Jones seemed unsympathetic, but she might have been playing devils’ advocate. Judge Harold DeMoss seemed very interested in the case and asked tough questions for both sides. Judge Jerry Smith only asked about whether the case is moot.