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MOORE v. HOSEMANN

Nos. 09-60272, 09-60424.

591 F.3d 741 (2009)

Brian MOORE, Plaintiff-Appellant, v. Delbert HOSEMANN, in His Official Capacity as Mississippi Secretary of State, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

December 18, 2009.

Attorney(s) appearing for the Case

Mark R. Brown (argued), Columbus, OH, for Plaintiff-Appellant.

Harold Edward Pizzetta, III (argued), Lisa Louise Colonias, Office of the Atty. Gen., Jackson, MS, for Defendant-Appellee.

Before JONES, Chief Judge, and SMITH and DeMOSS, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

Brian Moore sued the Mississippi Secretary of State (the "Secretary") after being left off that state's 2008 presidential ballot. The district court dismissed the suit as moot and denied Moore's motion for costs and fees under Federal Rule of Civil Procedure 4(d)(2). We reverse the dismissal and remand because, although the case is not moot, we must abstain. Moore's challenge, like many election disputes, is based on an interpretation...

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