Special prosecutor Theo Stamos has replied to a complaint brought by Loudoun resident Sally Mann, stating that 31 of the 36 alleged reporting violations Mann claims to have found in Scott York’s campaign finance reports are barred from prosecution by the statute of limitations, and the rest haven’t yet triggered a review by the registrar. Stamos’s letter spells out the law, explaining that there is no violation that can be looked into by a prosecutor until the registrar determines there is something improper in a filing. Even then, the registrar must notify the campaign, which has ten days to provide corrections.
In the event a campaign has filed an incomplete report, the general registrar shall notify the campaign in writing of the deficiency. The campaign has ten days to supply the missing information or it will receive a civil fine. If the filing remains incomplete for more than one hundred twenty days, the matter shall be forwarded to the appropriate Commonwealth’s Attorney unless the campaign is granted an extension. (from Theo Stamos’s letter to Sally Mann)
Theo Stamos must be getting kind of tired of Loudoun county. I don’t think I’m betraying any confidences when I say that she told me herself, during the Delgaudio-removal effort, that she had no intention of being used as anyone’s political weapon, regardless of party affiliations. Since York is running as an independent in a race that has a Republican nominee, I think our own Commonwealth’s Attorney, Jim Plowman, could have used his prosecutorial discretion and drawn the same conclusions Stamos has drawn, without any fear of being called partisan for it. At the same time, he’s running for re-election himself, so I don’t blame him for being particularly white-glove about this. (But I wouldn’t blame Theo Stamos, either, if she asks him to start sending this noise to someone else for a while.)