AUGUSTA - A spokeswoman said Monday the Maine Democratic Party had filed a Superior Court appeal, taking issue with Secretary of State Matthew Dunlap and challenging the validity of independent Herbert Hoffman's petitions to be on the November ballot for U.S. Senate.

"In his decision last week, Secretary of State Matt Dunlap invalidated 74 of Mr. Hoffman's signatures," party spokeswoman Rebecca Pollard said in a statement.

"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," Pollard said.

Election officials determined Hoffman had collected 38 signatures more than the minimum 4,000 needed to for ballot listing.

Democrats are concerned that Hoffman, a retired psychologist from Ogunquit and former Democrat, could draw votes away from their party's nominee for Senate, Congressman Tom Allen. The Republican candidate is incumbent Susan Collins.

Hoffman said in a statement Monday he was disappointed, but not surprised, by the Democratic Party move to keep him off the November ballot.

"It's unfortunate that we have this distraction from the real issues of the campaign," Hoffman said. "I would have thought the Democrats would welcome a debate on single-payer health care, government accountability, and what it will really take to end the war in Iraq."

A newcomer to statewide politics, Hoffman said "the Democrats know that this is not a big-money campaign and they are trying to divert attention from debating the real issues that Maine voters will face in this fall's election."

AP-ES-06-30-08 1829EDT