State Court issues one-week stay for Hoffman

The Maine Supreme Court granted Herb Hoffman a one-week stay on a recent decision that, when enacted, will take him off the ballot as an independent running for the U.S. Senate.

The decision was announced yesterday, the same day U.S. Supreme Court Justice David Souter denied an application to order the state’s high court for the stay.

Hoffman’s candidacy was challenged by the Maine Democratic Party on the grounds that he did not personally witness each of the signatures on his petition sheets. Both the Secretary of State and Superior Court ruled in his favor, but the Maine Supreme Court ruled against him.

He hopes to challenge incumbent Sen. Susan Collins (R-Bangor) and U.S. Rep. Tom Allen (D-Portland) in November.

Hoffman recently took his case to the U.S. Supreme Court where Souter accepted motions to grant a stay before denying the application.

According to Court rules, Hoffman can still take his case to any other judge on the Court, and keep doing so until five reject him.

The clock is ticking, as the Maine Secretary of State has indicated that they would like the ballot design to be complete by Aug. 29. The Maine Supreme Court decision goes into effect Aug. 27, unless another stay is granted.

In a release, the Hoffman campaign stated:

 “Various legal avenues for maintaining a place on the ballot remain available to Candidate Hoffman and his many supporters, and are being considered.  No federal court has yet ruled on whether the election law in question, as construed and applied by the Maine Supreme Court, violates the U.S. Constitution.  In their briefs to the U.S. Supreme Court, both Mr. Hoffman, and the Maine Secretary of State (through Attorney General Stephen Rowe) took the position that the Maine election law, as construed and applied in this case, violates the First Amendment rights of Mr. Hoffman and his supporters under the federal constitution.”