The Charlottesville Electoral Board directed the city registrar’s office today to immediately submit campaign filings from former City Council candidate James Halfaday to the city Commonwealth’s Attorney’s office for investigation.
The board’s unanimous vote, which took place after it discussed the matter behind closed doors, comes after an attorney who said he represents the true owners of the local Snap Fitness franchise disputed Halfaday’s claims of having a stake in the gym. Halfaday represented himself as a co-owner of the gym when he launched his campaign in April, and he also included the claim in his campaign paperwork.
Board Secretary Joan Schatzman publicly read a resolution passed during the closed session, which lasted roughly 20 minutes at the local registrar’s office.
“To the Commonwealth’s Attorney turn over the statement of economic interest of James Halfaday, immediately,” said Schatzman. “Turn over campaign finance statement closing Aug. 10, 2011, on Friday, Sept. 16, if it has not been amended.”
Registrar Sheri Iachetta said the board has also received information that suggests there may be problems with Halfaday’s most recent campaign-finance disclosure.
“The bottom line is that the board has received information from a credible source that some of the information on that particular filing is incorrect,” said Iachetta.
Halfaday, 32, did not immediately respond to a request for comment.
Board Chairman Rick Sincere said he could not comment further on the concerns related to the resolution, citing the pending legal investigation.
Attorney Brad Young said Tuesday that his clients, Mike and Nancy Hamdani, are the sole owners of The Long Run Inc., the company that owns the local Snap franchise.
“James Halfaday does not now and has never had any ownership interest in either The Long Run or Snap fitness,” Young said.
On Halfaday’s statement of economic interest, a document required by state law that instructs candidates to disclose their business and financial ties, there are multiple references to Snap Fitness. On a portion of the form that asks the candidate to list any businesses in which he or she serves as a “paid officer” or “paid director,” Halfaday is described as a co-owner at Snap.
It’s not clear what the concerns are with Halfaday’s campaign-finance report, but more information could come to light Thursday, when candidates face another filing deadline. The four candidates who were unsuccessful in the August Democratic Primary will have to submit reports detailing how their campaigns are winding down.
Halfaday, who finished seventh out of seven candidates, posted an eye-popping fundraising number of $10,479, the most raised by any council candidate between July 1 and Aug. 10. According to his finance report, Halfaday received 21 donations of $499, 10 of which came from people living in his home state of Illinois.
Halfaday explained at the time that he had asked for donations for his birthday, and $499 was the maximum he would allow.
Virginia state code describes the penalties for false statements as: “Any willfully false material statement or entry made by any person in any statement, form, or report required by this title shall constitute the crime of election fraud and be punishable as a Class 5 felony.”
A Class 5 felony carries a prison sentence of up to 10 years, or up to one year in jail and/or a $2,500 fine, depending on the discretion of the jury or court.
The investigation into Halfaday’s campaign filings is the latest in a string of strange incidents surrounding his candidacy.
In the final week of primary campaigning, Halfaday came forward with claims that he had received multiple anti-gay messages during his candidacy.
After the primary, Halfaday took out a protective order against a local Democratic Party activist. An initial hearing in that case was continued last week, with the next court date scheduled for Sept. 30.
The electoral board is a three-member body appointed by the Charlottesville Circuit Court. The board is charged with conducting city elections and certifying the results.
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