VERMONT

S. Burlington write-in school board candidates fined for campaign finance violations

Nicole Higgins DeSmet
Burlington Free Press

SOUTH BURLINGTON - A state investigation found two South Burlington write-in candidates violated campaign finance rules in the run up to the Town Meeting Day election in which South Burlington's school budget was defeated. 

Dan Emmons, 43, of South Burlington, speaks at a school board candidates forum on Monday, March 6, 2017.

"After examining the complaint, materials obtained through investigation, and legal issues, we have concluded that there were violations of Vermont’s campaign finance statutes," Assistant Attorney General Eve Jacobs-Carnahan wrote in a July 24 letter to co-complainants Paul Engels and Monica Ostby.  

School Board write-in candidates Danial Emmons and Marcy Brigham signed the July 17 settlement agreement with Vermont's Attorney General to pay $250 each for the violations and to refile their paperwork.

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The settlement agreement lists violations including: contributions in excess of limits, failure to maintain campaign accounts, missing identification on campaign signs and failure to accurately report contributions.

According to Jacobs-Carnahan the corrected campaign finance reports from Emmons and Brigham were due Thursday. Emmons filed his earlier this week, but Jacobs-Carnahan stated that as of 2 p.m. Thursday Brigham had not yet filed.

The two have until Aug. 16 to pay their fines. 

Dan Emmons, a write-in candidatge for the South Burlington School Board, holds a sign for himself and fellow write-in candidae Marcy Brigham on Town Meeting Day, March 7, 2017, outside of Orchard School, one of South Burlington's polling stations.

Emmons and Brigham presented themselves as alternative School Board candidates for the Town Meeting day elections in March, following a vote by the board to retire the Rebel Mascot name in February. Both supported either keeping the Rebel name or taking the issue to a citywide vote.

The Rebel Alliance group, was also active in support of the candidates. The group and the candidates challenged the school budget as unsustainable. The alliance took partial credit for the budget being defeated a second time in April.

In May, a state investigation cleared the Rebel Alliance group of alleged campaign finance violations. 

The Rebel Alliance was originally formed on Facebook by South Burlington alumni who disagreed with the School Board's decision to change the mascot name. The group grew to include current residents, parents and some students. Some members, including Brigham, are now suing the district to put a hold on the name change until a communitywide vote.

Meanwhile, the new Wolves logo was revealed on Wednesday. 

RELATED: SBHS Wolves logo unleashed

Marcy Brigham declined to comment about the settlement but Danial Emmons responded.

"I got a crash course in campaign finance and learned a lot. The settlement fine could have been much higher. I made some minor mistakes. The AG’s office was more than fair and I’m thankful for their understanding. Lesson learned," Emmons wrote, explaining that campaign finance rules were more complicated than he had anticipated. 

Paul Engels, at his South Burlington home on Friday, May 5, 2017, has been battling with the South Burlington Rebel Alliance over the name change of the the Rebels mascot.

Emmons also described Engels' complaint as "disgusting," and claimed it accused him (Emmons) of taking donations from "out of state hate groups."

Engels in a conversation earlier Thursday afternoon characterized his complaint to the Attorney General's office as a general email request to the state asking that they look into "what was going on."

"I'm amazed at the scope of the investigation," Engels said, but he explained there were two problems with the complaint process: nothing could be done in time to affect the election and the lack of real penalty for violating rules.

"The money spent had a huge impact on our district," Engels said. 

Violations Summary

  • Not maintaining a separate campaign checking account.
  • Accepting cash donations in excess of $100.
  • Non-monetary contribution limit from a single source is $1020. Flyers from a printing company to Emmons totaled $1,675.
  • Lawn signs must include the name and the address of the person who paid for them. Emmons' signs did not.
  • Emmons's ads in the Other Paper did not include an address.
  • Emmons contributed $2,742.70 to Brighams campaign, exceeding the limit of $1,020.
  • Failing to itemize donations in excess of $100.
  • Failure to accurately report contributions

According to the Attorney Generals office no other complaints related to the March 2017 Town Meeting resulted in findings of campaign finance violations.  

A sign along the drive to Orchard School in South Burlington urges voters to support write-in candidates for the School Board Marcy Brigham and Dan Emmons on Town Meeting Day, March 7, 2017.

Contact Nicole Higgins DeSmet at ndesmet@freepressmedia.com or 802-660-1845. Follow her on Twitter @NicoleHDeSmet.