A Cape councilor fined $1 by the state ethics panel for violating campaigning rules, will appeal the ruling in court.

Mike Mowles, who ran an unsuccessful campaign to run as Cape’s Republican candidate for House District 121 was fined for using unauthorized endorsements and misleading voters in a campaign flyer sent out just days before the June 13 primary election against victor Jennifer Duddy.

Mowles said he would appeal this ruling in court on the basis that his freedom of speech was restricted and he plans on asking the Maine Civil Liberties Union to help pay the cost.

The commission fined Mowles a dollar at his lawyer’s request so that his case would have a better chance of being heard in court. Originally the commission decided against fining Mowles because they felt he had already paid his dues, said Paul Lavin, the assistant director for the Ethics Commission.

“Mr. Mowles had penalty enough that this was in the press,” said Lavin.

But Mowles said the commission decided against fining him because the commission knew it was wrong, said Mowles. “They violated my due process,” he said when the commission made a ruling without giving him adequate time to respond to the accusation.

In a campaign flyer sent out days before the primary election June 13, Mowles included endorsements from Sens. Olympia Snowe and Susan Collins from his 2004 race for the District 121 seat against a Democratic contender.

The commission ruled that Mowles misled voters by using those endorsements.

Lavin said the intent of the endorser must be considered. “They never intended it to be used,” in Mowles’ primary against Duddy, said Lavin.

But Mowles said he wasn’t trying to pass them off as endorsements. Once in the public domain, they’re free game, he said and subject to unintended use.

Duddy, who won the Republican slot, originally filed the complaint with the commission when members of her campaign spoke with voters who received the flier containing the endorsements. In her official complaint, Duddy said, “It is impossible to judge how many voters have been misled by the flyer or how widespread the effects will be. The flyer has compromised the fairness of the election.”

Both Snowe’s and Collins’ campaign offices said they do not take sides in primary elections.