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December 23, 2009

Court rules against Sec. of State

A state superior court has ruled against the Secretary of State in a case surrounding a people's veto effort of the tax reform law.

On Monday, Kennebec County Superior Court Justice Donald Marden ruled that Secretary of State Matt Dunlap "lost his authority to issue a decision determining the validity of the petitions" since he missed the 30-day deadline to verify signatures, according to the court decision. Maine Republican Party Chairman Charlie Webster filed the suit last month, arguing that Dunlap's delay in verifying the petition signatures should automatically put the issue on the June 2010 ballot. In his decision, Marden ordered the Secretary of State to issue a proclamation stating the issue will appear on the ballot.

Assistant Attorney General Phyllis Gardiner, who represented Dunlap in court, said they were "disappointed" the court ruled against the Secretary of State, and that they had not yet decided whether to appeal the case to the Maine Supreme Judicial Court, according to the Morning Sentinel.

The court is expected to rule today on a separate lawsuit against Dunlap filed by Charles "Wick" Johnson III challenging that enough signatures had been validated.

Go to the article from the Morning Sentinel >>

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