Knutson v. Department of Secretary of State

2008 ME 124, 954 A.2d 1054, 2008 Me. LEXIS 142, 2008 WL 2878318
CourtSupreme Judicial Court of Maine
DecidedAugust 20, 2008
DocketDocket: Ken-08-375
StatusPublished
Cited by15 cases

This text of 2008 ME 124 (Knutson v. Department of Secretary of State) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Knutson v. Department of Secretary of State, 2008 ME 124, 954 A.2d 1054, 2008 Me. LEXIS 142, 2008 WL 2878318 (Me. 2008).

Opinions

SAUFLEY, C.J.

[¶ 1] We are presented with two questions in this challenge by John Knutson to the potential nonparty candidacy of Herbert J. Hoffman for the office of United States Senator. Both are questions of first impression.

[¶2] The first question is as follows: when petitions in support of a prospective candidate are circulated for signatures, must the circulator have direct personal contact with potential signors and observe the signatures, or is it sufficient that the circulator be in some unspecified proximity to signors? The Secretary of State concluded, pursuant to 21-A M.R.S. § 354(7)(A) (2007), that the circulator must be personally involved and observe the signatures. We agree.

[¶ 3] The second question is as follows: if the circulator has misunderstood this obligation, but only one specific signature on each affected petition has been proved to have been acquired without the circulator’s direct observation, is the appropriate remedy to strike the entire petition, or to strike only the invalid signature? We conclude that the plain language of the statute requires that each of the three petitions be stricken in their entirety, and, thus, we must vacate the judgment of the Superior Court affirming the Secretary’s determination that the three petitions were valid.

I. BACKGROUND

[¶ 4] Hoffman is a prospective nonparty candidate for the office of United States [1057]*1057Senator.1 In order to be placed on the ballot, he was required to present to the Secretary of State 4,000 valid signatures on appropriately circulated petitions, pursuant to 21-A M.R.S. § 354(5)(C) (2007). Hoffman was assisted in his signature gathering effort by approximately forty to forty-five people. Many of these individuals swore oaths as petition circulators, including Hoffman himself. Hoffman also received assistance from his daughter and another individual in collecting signatures on at least three petitions that Hoffman personally circulated.

[¶ 5] Hoffman presented more than 4,000 signatures to the Secretary within the time required by statute. Following a challenge by John Knutson both to multiple signatures and whole petitions, the Secretary found that certain signatures were not valid.2 Among the signatures invalidated by the Secretary were three on petitions that Hoffman personally signed as circulator that were not collected within Hoffman’s personal and visual oversight.3 The Secretary concluded that 21-A M.R.S. § 354(7)(A), which requires voters to sign in the circulator’s “presence,” requires both “physical presence” and “awareness,” and that the circulator must not be “too far away to see the voters sign their names.” Accordingly, the Secretary invalidated three of the challenged signatures, each on a separate petition, based on the factual finding that the voters signed the petitions outside the circulator’s presence. Beyond those three signatures, however, the Secretary found that Knutson had failed to prove that any other specific signatures suffered from that particular defect. The Secretary rejected Knutson’s argument that the three petitions should be entirely voided because they contained invalid signatures, that is, signatures that had not been observed by the circulator.

[¶ 6] Ultimately, the Secretary determined that Hoffman had presented 4,112 signatures, including seventy-four signatures that were determined by the Secretary to be invalid, leaving 4,038 valid signatures, a sufficient number for the nomination of Hoffman to the Senate candidacy.

[¶ 7] Knutson appealed the Secretary’s decision to the Superior Court, pursuant to M.R. Civ. P. 80B and 21-A M.R.S. § 356(2)(D) (2007), urging the court to conclude that Hoffman’s oath was not in compliance with section 354(7)(A) because [1058]*1058Hoffman could not accurately aver that the three signatures had been provided in his presence as required by 21-A M.R.S. § 354(7)(A), and, therefore, that each of the three petitions must be declared void. If those petitions were voided, Hoffman would have insufficient signatures to be placed on the ballot.4 Following argument, the Superior Court (Kennebec County, Marden, J.) affirmed the decision of the Secretary. By statute, we are required to render oür opinion within fourteen days of the Superior Court’s decision, see 21-A M.R.S. § 356(2)(E) (2007).

II. DISCUSSION

A. Standard of Review

[¶8] Because the Superior Court acted in an appellate capacity when it considered this matter, we review the decision of the Secretary directly, reviewing for findings not supported by the evidence, errors of law, or abuse of discretion, see Palesky v. Secretary of State, 1998 ME 103, ¶ 9, 711 A.2d 129, 132 (citing Maine Bankers Ass’n v. Bureau of Banking, 684 A.2d 1304, 1305-06 (Me.1996)). Here, the Secretary’s factual findings are not challenged, and the only issues presented relate to the application of Maine’s election laws.

[¶ 9] In construing Maine statutes, our primary purpose is to give effect to the intent of the Legislature. Arsenault v. Sec’y of State, 2006 ME 111, ¶ 11, 905 A.2d 285, 287-88. We first effectuate the plain language of the statute. If the language of the statute is ambiguous, we defer to the Secretary’s interpretation if that interpretation is reasonable. Id.

B. Signatures in the “Presence” of the Circulator

[¶ 10] The term “presence” is ambiguous, and, therefore, the first issue we consider is whether the Secretary correctly determined that the three invalidated signatures were signed outside the “presence” of Hoffman, the circulator. If “presence” means only proximity, and the petitions were signed in Hoffman’s proximity, as he contends, then he complied with 21-A M.R.S. § 354(7)(A), his oath was accurate, and our analysis would end.

[¶ 11] The operative law, 21-A M.R.S. § 354(7)(A) provides:

7. Certification of petitions. A nomination petition shall be verified and certified as follows.
A. The circulator of a nomination petition shall verify by oath or affirmation before a notary public or other person authorized by law to administer oaths or affirmations that all of the signatures to the petition were made in the circulator’s presence and that to the best of the circulator’s knowledge and belief each signature is the signature of the person whose name it purports to be; each signature authorized under section 153-A was made by the authorized signer in the presence and at the direction of the voter; and each person is a resident of the electoral division named in the petition.

(Emphasis added.) This requirement finds its foundation in the Maine Constitution, which, in almost identical language, requires that the circulator of a petition swear an oath verifying that each of the [1059]*1059signatures was made in his presence. Me. Const, art. IV, pt. 3, § 20.5

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Christie v. Bellows
Maine Superior, 2023
Dunn v. Bellows
Maine Superior, 2023
David A. Jones v. Secretary of State
2020 ME 117 (Supreme Judicial Court of Maine, 2020)
Jones v. Secretary of State
Maine Superior, 2020
Caiazzo v. Bellows
Maine Superior, 2020
Delbert A. Reed v. Secretary of State
2020 ME 57 (Supreme Judicial Court of Maine, 2020)
Reed v. Dunlap
Maine Superior, 2020
Hammer v. Secretary of State
2010 ME 109 (Supreme Judicial Court of Maine, 2010)
Dobson v. Dunlap
576 F. Supp. 2d 181 (D. Maine, 2008)
Hoffman v. Secretary of State of Maine
574 F. Supp. 2d 179 (D. Maine, 2008)
Knutson v. Department of Secretary of State
2008 ME 124 (Supreme Judicial Court of Maine, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
2008 ME 124, 954 A.2d 1054, 2008 Me. LEXIS 142, 2008 WL 2878318, Counsel Stack Legal Research, https://law.counselstack.com/opinion/knutson-v-department-of-secretary-of-state-me-2008.