BY DIETER BRADBURY

MaineToday Media, Inc.

Herbert Hoffman might be nearing the end of the line in his quest to secure a spot on the ballot as an independent U.S. Senate candidate in the Nov. 4 election.

The U.S. Supreme Court notified Hoffman's lawyer Thursday that it has refused to delay a decision by Maine's top court that Hoffman should not be listed on the ballot.

John Branson, the Portland lawyer who represents Hoffman, said the application for a delay was denied by Justice David Souter, who has jurisdiction over the federal court district that includes Maine.

Branson said Souter did not explain his decision.

In general, to obtain a delay, known as a stay, Hoffman would have had to prove that he would suffer irreparable harm if the Maine court's decision was upheld.

Hoffman also must prove that he would prevail on his legal arguments over the constitutional issues involved in the case, and that the U.S. Supreme Court needs to take jurisdiction, Branson said.

"Many people thought we weren't even going to be able to get the attention of the court until October," Branson said. "So Mr. Hoffman is grateful that Justice Souter acted so quickly, the results notwithstanding."

He said Hoffman would have no immediate comment.

Branson said Hoffman has various legal avenues remaining, but he declined to provide details.

Hoffman's place on the ballot became a legal matter in June, when the Maine Democratic Party contested the validity of nominating petitions he submitted to the Secretary of State's Office.

Superior Court Justice Donald Marden upheld the office's ruling that Hoffman had enough valid signatures to be listed, but the justice was overturned last month by the Maine Supreme Judicial Court.

Democrats were concerned that Hoffman could capture votes that would otherwise go to the party's candidate in the Senate race, U.S. Rep. Tom Allen, who is battling to unseat the Republican incumbent, U.S. Sen. Susan Collins.

A Democratic Party spokeswoman declined comment.