July 29, 2008 - 5:03pm

Hoffman may bring case to federal court

Herb Hoffman, the independent U.S. Senate candidate removed from the ballot, said Tuesday afternoon that he is exploring his options to bring his case to federal court.

The Maine Supreme Court decided to remove Hoffman from the ballot as a result of a challenge from the Maine Democratic Party. In an opinion issued Monday, they noted that Hoffman did in fact violate his oath by using assistants to help gather signatures, and then signing the oath himself.

"We gathered our nomination signatures honestly and fairly," Hoffman said in a statement, "operating under the same set procedures as those used by the party candidates over many election cycles. This decision of the court not only denied me my rights to ballot access, but denied the constitutional rights of all the voters who freely exercised their right to petition their government."

Hoffman said in the meantime he will continue to run his campaign. He said that he has gotten an “outflow of support from people who signed our petitions, want their voices heard and their signatures validated.”

Following Monday’s ruling, Carol Andrews, communications director for Democratic Senate candidate Tom Allen, told the press that their campaign was inviting Hoffman to join them.

However, Hoffman said Tuesday that there had been no contact from the Allen campaign since the decision, and "statements that the Allen campaign has reached out directly to me and my campaign since the ruling are without foundation."

Hoffman hopes to challenge Allen and incumbent Susan Collins.

Comments

Except when they are installing boy kings


the federal courts leave interpretation of the state constitution up to the state. It's highly unlikely that any federal statutes or the US Constitution have anything to say about how a state may make its own rules about what constitutes a valid petition.

He will probably be bankrolled by Republicans to appeal anyway, just to keep this in the news.

07/29/08 6:27 pm

Tom The Coward


For the first time in my life I am ashamed of my party.

I will be voting for Susan Collins for US Senate.

07/29/08 7:27 pm

What?


Hoffman's making a serious charge here:

"We gathered our nomination signatures honestly and fairly," Hoffman said in a statement, "operating under the same set procedures as those used by the party candidates over many election cycles."

He broke the rules. Is he saying other campaigns also broke the rules?
I think a reporter's next question should be "Where's your evidence?"

I gathered petition signatures at the caucuses for a Democratic candidate, and I was given explicit instructions that the petition should never be out of my sight, and that no one else should gather sigs with it. That way, unlike Hoffman, I wasn't lying when I signed the thing.

He needs to let it go and stop accusing people of making the same mistakes he made.

07/29/08 8:30 pm

Also


That "reporter" comment wasn't a shot at you, Jessica.

But I've been fed up with the coverage of this over the last week or so, particularly on MPBN, which basically gave David Bright a forum to complain for six minutes the other night.

I think AJ Higgins does a good job, but I'd like to hear him press the Hoffman folks a little more on the claims they're making.

07/29/08 8:32 pm

Dunlap


Dunlap was on WLOB stating that it is fairly common practice for petitions to be left on a table during caucus meetings. He stated those days are over. So, link, Hoffman is just agreeing with Dunlap. Have a problem with what Hoffman is saying, take it up with Dunlap since he said it first.

07/29/08 9:46 pm

ME Dem Party is an embarrasment!


There was never a time that seemed to show Rep. Allen was poised to beat Sen. Collins this yr. And I HATE SEN. COLLINS! - She is not a moderate and definitely not independently minded.

However, instead of taking the high road against Herb Hoffman, Rep. Allen kept whinning and complaining even after the Sec. of State (a dem by the way) ruled against him and kept knocking on the doors of higher courts in essence saying, "mommy, i dont want hoffman to play in nov". While my wife and I would never support Sen. Collins or vote for her, we are choosing to not support either person at all. Even if Rep. Allen loses by 1 vote - our vote - (my prediction is he loses 58-42) - it is a lesson he and the state party needs to learn!

07/30/08 7:15 am

Yes, god forbid.....


....Marc Bright be allowed to speak in public. That's certainly a travesty of journalism, trying to get all sides in a story.

The GOP has nothing to do with this, by the way. Democrats are ruining democracy all on their own. Saying the GOP is bankrolling him is crazy tinfoil-hat talk.

07/30/08 7:37 am

Whatever...


Whether Dunlap says that is common practice is Dunlap's business. But the law is very clear, as is the ACTUAL OATH ON THE PETITION that Hoffman signed. It's not ambiguous.

As for the GOP bankrolling Hoffman, I haven't heard anything like that. I mean, the guy doesn't have any money, so that argument doesn't hold water.

And I don't mind David Bright (or Marc, whoever that is) being permitted to speak in public. I mind journalists not poking his weak arguments a little harder.

07/30/08 8:15 am

"He will probably be


"He will probably be bankrolled by Republicans to appeal anyway, just to keep this in the news."

Democrat propaganda. You're a liar.

07/30/08 12:10 pm

"For the first time in my


"For the first time in my life I am ashamed of my party.

I will be voting for Susan Collins for US Senate."

LOL

Republican tactic here or otherwise floundering confused individual unaware of any other choices. Obvious.

Winners only, please.

07/30/08 12:13 pm

"..and I was given explicit


"..and I was given explicit instructions that the petition should never be out of my sight..." - posted by Link

No doubt you know PRECISELY how out of range he actually was? Please tell us from what Democratic source you have gathered this information.

Ok, how about the petitions withheld and not turned in on time by various clerks for another independent candidate Laurie Dobson? All the troubles she's having and the other independents across the country including Ralph Nader just getting a chance to run.

These independents just won't follow the rules? Those corrupt s.o.b's! Who do they think they are!

Hahaha

07/30/08 12:23 pm

Amod - Portland,


Amod - Portland, ME

http://www.dobsonforsenate.com/Dobson_for_Senate/Home.html

She's still running but facing similar opposition to getting ballot access. Nader always has had trouble getting on ballots. This is nothing new really.

Research Laurie Dobson and maybe contact her is what I suggest. She has a few posts on here also.

She's not asking for money but asking for support.

07/30/08 12:31 pm

Alliances seem to be foggy


Matthew Dunlap was in the Bangor 4th of July parade wearing a Tom Allen sticker.

Why has this gone unnoticed in this whole process?

Dunlap is a HUGE Democrat, he served as one, he was appointed by Democrats, now he has made a determination against a third party candidate that would draw more votes from...you guessed it a Democrat.

Conspiracy theory? Yeah I am not 100% sold on it either, but really, how can the Secretary of State wear a Tom Allen sticker in a very visible situation without anyone mentioning it while discussing an issue that has a lot to do with his staff and his ultimate decision.

07/30/08 8:19 pm

Unlikely that Cert will be granted


I don't believe that the SCOTUS will grant certiorari to this case. They tend to stay out of State elections, usually they refuse to hear the case and that makes what the Maine SJC says the law of the land.

07/30/08 8:25 pm

What the heck


are you talking about, Link?

"As for the GOP bankrolling Hoffman, I haven't heard anything like that. I mean, the guy doesn't have any money, so that argument doesn't hold water."

What argument doesn't hold water? That he was or was not bankrolled by the GOP? That's not just a dangling modifier, that's like a free-range modifier. Go corral your modifiers and report back to us.

Dunlap is correct. It was standard practice to leave petitions on the table to be circulated. If you're in the room and can see them, you're following the letter of the law, it seems to me. The Law Court's interpretation is a dramatic narrowing of the law outside precedent that changes the essential nature of how ballot circulating operates in the state.

07/31/08 7:14 am

Dunlap...


....did not make a determination against Hoffman, Strange Days. The Law Court did. Dunlap, and the District Court, ruled as much in favor of Hoffman as they reasonably could.

Dunlap is not at fault here. He was following department regulations, the advice of the professionals who worked for him, and precedent caselaw regarding elections in Maine.

07/31/08 7:16 am

Allen is afraid of Hoffman


Seems to me the reason the Maine Democratic Party has been so relentless in attempting to kick Herb Hoffman off the ballot has a lot to do with the fact that Hoffman supports impeaching Bush and Cheney, while Congressman Tom Allen has repeatedly said he thinks impeachment is a "distraction."

How upholding the Constitution and removing the most criminal president our nation has ever seen is in any way a "distraction" is beyond me. Even Maine's Congressman Mike Michaud supports Cheney's impeachment.

It's a shame Allen and the Dems feel they have to remove Herb from the ballot rather than engage with him in a substantive debate on the issue of impeachment.

This is just the latest example of how the Democratic Party has sold-out, and placed politics over the Constitution and democracy. The line that once differentiated them from the Republicans is rapidly disappearing.

08/02/08 10:05 am

Comment viewing options

Select your preferred way to display the comments and click "Save settings" to activate your changes.

Post new comment

The content of this field is kept private and will not be shown publicly.
  • Web page addresses and e-mail addresses turn into links automatically.
  • Allowed HTML tags: <a> <em> <strong> <cite> <code> <ul> <ol> <li> <dl> <dt> <dd> <blockquote> <b> <i> <p> <br> <span> <img> <h1> <h2> <h3> <h4> <h5> <h6>
  • Lines and paragraphs break automatically.
  • Images can be added to this post.

More information about formatting options

CAPTCHA
This question is for testing whether you are a human visitor and to prevent automated spam submissions.
Image CAPTCHA
Copy the characters (respecting upper/lower case) from the image.