Maine Senate hopeful eyes federal review
AUGUSTA, Maine --The campaign organization of independent U.S. Senate hopeful Herbert Hoffman said Wednesday the would-be candidate is seeking to delay the effect of a Maine supreme court decision that would keep him off state ballots this fall.
The Hoffman campaign said a motion for a stay was filed in hopes of giving Hoffman a chance to seek a review of the ruling by the U.S. Supreme Court.
Attorney John Branson of Portland said that unless the state supreme court postpones action on its decision, Hoffman's "basic right to seek review in the United States Supreme Court would be rendered meaningless."
Overturning a lower court ruling last week, Maine's supreme court said a single faulty signature can invalidate a whole page of a candidate's nominating petition.
The Maine Democratic Party, which challenged Hoffman's petitions, called the ruling a victory for the rule of law.
Some Democrats are concerned that Hoffman, a former Democrat, could draw votes away from their party's nominee, Tom Allen, the 1st District congressman who is attempting to unseat Republican Sen. Susan Collins.
In a statement Wednesday, Branson said the Hoffman campaign "has decided to seek federal judicial review of a decision that has troubling near-term and long-term ramifications for the constitutional rights of Maine citizens.
"The Maine law court has construed and applied Maine law in a manner that not only tramples upon the federal constitutional rights of Mr. Hoffman, but also on the rights of the thousands of Maine voters who validly signed his petitions, and the rights of other members of the electorate who seek to engage in political expression or association through the nomination of non-party candidates to federal or state office," he said.
After state Democratic Party Chairman John Knutson first challenged Hoffman's petitions, Maine election officials determined his campaign had collected 38 signatures more than the minimum 4,000 needed for ballot listing.
The Democratic leader then took his challenge to state Superior Court, where it was argued that Hoffman, as a sworn petition circulator, violated his oath because he was not present or aware that three voters had signed one of the petitions. Democrats contended that that lapse should invalidate entire petition sheets on which those names appeared.
Superior Court Justice Donald Marden ruled in favor of Hoffman, saying the secretary of state's decision not to invalidate the petitions was not an abuse of discretion. Secretary of State Matthew Dunlap said the decision was bolstered by "a whole body of precedent."
But the state's Supreme Judicial Court overruled Marden.
State Republican Party Chairman Mark Ellis has called efforts to challenge the candidacy of Hoffman, a retired psychologist from Ogunquit, "backwards" and "undemocratic." 