Election fallout continues

By Hannah Wever
Review Staff Writer

Published: June 12, 2008

District 2 Supervisor Zack Burkett is awaiting a decision by the State Electoral Board regarding campaign contribution violation charges against two political action committees linked to him. In the meantime, Burkett is alleging election law violations by others who ran in last November’s general election and is calling for similar investigations.
A seven-month investigation conducted by the Virginia State Police determined two Orange County political action committees, Orange County Taxpayers Alliance (OCTA) and Orange County Citizens Committee (OC3), violated state election law last November, according to Orange County Commonwealth’s Attorney Diana Wheeler.
The investigation concluded that during last year’s general election (in which all five of the county’s constitutional officers and three seats on the board of supervisors were eligible for election) expenditures authorized by these two groups were not reported to the local electoral board.
According to Wheeler, candidates have a duty to report money that is contributed to a campaign as well as money that is spent. If the electoral board becomes aware of a discrepancy, the matter is reported to the commonwealth’s attorney.
In a statement at a May 27 Orange County Board of Supervisors meeting, and again in a letter to Wheeler this week, Burkett said there were violations of law related to the campaign of District 3 Supervisor Teel Goodwin and District 2 candidate for supervisor Thomas Graves.
Burkett alleged that on Election Day last year, individuals associated with Goodwin’s campaign broke election laws.
“I learned that Goodwin campaign workers repeatedly ignored the ‘no electioneering’ setbacks and intimidated voters in spite of being told of the law by election officials,” Burkett said.
Additionally, his letter to Wheeler stated that a Goodwin supporter boarded an Orange County Nursing Home bus and pressured occupants. Further, Burkett claimed, Goodwin’s paperwork contained campaign contribution irregularities.
Burkett said he became aware of the nursing home bus incident after a number of eye-witnesses told him about it.
Burkett’s letter also stated, “Mr. Goodwin reported his campaign signs as ‘in-kind contributions,’ yet on the signs he indicated they were paid for by his campaign.”
Goodwin admitted he “may have missed a deadline” on reporting one $500 contribution made to his campaign, but the error was corrected, he said, and he is following up with the local electoral board. And as far as he knows, he added, individuals who may have boarded an Orange County Nursing Home bus on Election Day were working on behalf of his opponent, Steve Satterfield.
Additionally, Burkett alleged Graves used county resources as part of his reelection campaign, notably using his Orange County e-mail as his campaign address.
Graves said he inadvertently listed his county email address on his last campaign mailing prior to November’s election. “I should have caught it, but I didn’t. I was trying to farm, take care of my board of supervisors’ responsibility and campaign. I take full responsibility for my mistake.”
Graves turned the tables, though, and said Burkett and his campaign filed numerous Freedom of Information Act requests with the county, tying up county staff for hours digging up information Burkett would later use in his own campaign.
At the May 27 board of supervisors meeting, Burkett said, the commonwealth’s attorney launched “a trial by gossip against me and citizens who supported my election.” He claimed his campaign was targeted, while there were “technical missteps” in Goodwin’s campaign which were overlooked by election officials and by Wheeler.
“Why was she coming after me as opposed to everyone else?” Burkett asked. “The charge against the OCTA seems to be that they may have sent in a late report. So why did Ms. Wheeler give the Goodwin campaign a pass on misreporting over $1,000 in contributions?”
Wheeler said her involvement with election-related charges is not personal, but a function of her position.
“My role in this is purely statutory. I don’t prosecute these things; I just facilitate the police in getting the report,” Wheeler said. “I don’t know why they think they’re being singled out.”
Wheeler said all reported violations are investigated.
“I have unsolved murders I’m working on. I have a very busy court docket. I’m very sorry they’re taking this personally–it’s not personal,” Wheeler explained.
According to Marty Caldwell, vice chairman of the Orange County Electoral Board, the investigation of campaign contribution violations began with the local electoral board, when required paperwork in last fall’s general election revealed inconsistencies. Now, it is in the hands of the State Board of Elections, which meets June 24 to discuss whether or not to levy fines against the PACs.
Wheeler said she has contacted the board of elections regarding Burkett’s accusations of other potential election law violations.