The 5th circuit will hear oral arguments in Brian Moore v Hosemann, 09-60272, on November 4, 2009, in Houston. This is the case on whether the Mississippi Secretary of State should have accepted paperwork to put Brian Moore on the November 2008 ballot. The paperwork arrived ten minutes past 5 p.m. However, the Mississippi election code only gives the date on which such paperwork is due, not the hour. Other election law deadlines in Mississippi do provide a precise hourly deadline, but the law on when presidential elector declarations of candidacy are due does not.
In many states it is common for state elections officials to keep extended hours on deadline days when there is no hour specified.
Brian Moore was the Socialist Party’s presidential candidate last year, but he had also been nominated by the Natural Law Party of Mississippi, which is still ballot-qualified. The only other state in which the Natural Law Party is still ballot-qualified is Michigan. The Michigan unit of the party nominated Ralph Nader for president in 2008.