Hoffman: ‘I’m going to be on the ballot’

BELFAST – Herbert Hoffman, the retired psychologist who is running as an independent in the U.S. Senate race against Rep. Tom Allen and Sen. Susan Collins, told a small group of supporters Saturday that he believes the United States Constitution is on his side in his effort to get his name on the statewide ballot this November.

Hoffman, speaking with six supporters at the Belfast Free Library, said he has requested an emergency stay from the U.S. Supreme Court to prevent his name from being removed from the ballot.

Last month, the Maine Supreme Judicial Court ruled that a single faulty signature could invalidate a whole page of a candidate’s nominating petition. The ruling, if it holds, would reduce the number of valid voter signatures on Hoffman’s petition so that he would not have the minimum of 4,000 signatures to get on the ballot.

“I’m going to be on the ballot,” Hoffman said. “We are saying this is a First Amendment issue. The [state] law is unconstitutional.”

The Maine Democratic Party contested Hoffman’s candidacy papers, saying that some signatures on the petition seemed to be forged, illegible or inconsistent with voter registration records. In June, Maine Secretary of State Matthew Dunlap denied the Democrats’ request to invalidate the petition, prompting the party to file an appeal in Kennebec County Superior Court. After the Superior Court sided with Dunlap, the Democrats went to the state Supreme Court, which overturned the Superior Court decision late last month.

According to Hoffman, the state law that invalidates all signatures on any petition page containing at least one faulty signature violates the Constitution because it deprives the people whose signatures are valid of their right to petition the government.

Wearing a piece of masking tape on his lapel with the number 4,144 written on it in blue marker – the number of U.S. military personnel he said have been killed in Iraq – Hoffman said U.S. Supreme Court Justice David Souter will decide whether to grant the emergency stay. A four-justice panel will decide whether or not to hear the case, Hoffman said.

Hoffman is hoping for a ruling by Aug. 29, which is the state’s deadline for completing the ballot format for the November election.

Hoffman said Souter has told the Maine Democratic Party and the Secretary of State’s Office that they have to file responses to Hoffman’s request by Tuesday, Aug. 19.

Jean Hay Bright, a former Democratic candidate for U.S. Senate, and David Bright, her husband, were among the people Hoffman spoke with at the library. Hoffman described the Brights as two of his senior advisers.

Jean Hay Bright said it is “absolutely absurd” to require all candidates to witness the writing of every signature on their candidacy petitions. The state law requires that all signatures be signed in the candidate’s presence, but does not define what “presence” means, she said.

“Why are they going after him? What is it about Herb that is such a threat?” Hay Bright asked rhetorically.

Hoffman met with the group for about two hours at the library Saturday evening, also discussing topics such as possible impeachment of President Bush and Vice President Dick Cheney, health care, and “government accountability.” Hoffman said Congress has not done enough to hold the Bush administration accountable for the war in Iraq and for its warrantless wiretapping program, among other things.

“Impeachment is terribly important,” Hoffman said.

btrotter@bangordailynews.net

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