6/30/2008 - Appeal of Hoffman Ruling Filed with Superior Court
STATEMENT ON CHALLENGE TO PETITIONS OF MR. HERBERT HOFFMAN
FROM REBECCA POLLARD, SPOKESWOMAN FOR THE MAINE DEMOCRATIC PARTY
We filed an appeal today with the Maine State Superior Court that challenges the validity of Mr. Herb Hoffman's petitions to be on the ballot for U.S. Senate. In his decision last week, Secretary of State Matt Dunlap invalidated 74 of Mr. Hoffman's signatures. In so doing he determined that Mr. Hoffman violated his oath as petition circulator because three witnesses testified that he was not in their presence when they signed petitions on which he was listed as circulator.
The Secretary of State erred, however, when he misapplied the law by only invalidating these three signatures. The law is very clear that these entire petitions must be voided because in these instances Mr. Hoffman's oath is invalid.
The challenger could not reasonably be required to prove every single name on those petitions was obtained invalidly. The ruling that Mr. Hoffman violated his oath in three instances raises enough doubt about the validity of the entire petitions.
We feel very confident in how the law applies to our challenge, and believe it will be resolved correctly now that it will be reviewed by a court of law.
The court has 20 days from the date of the Secretary of State's decision to render its ruling. That means a decision must be made by July 14th.
The parties will be meeting this week to determine a hearing and briefing schedule. Following the Superior Court decision, the parties have the option to appeal to the Maine Law Court.
