UPDATED: Confusion Reigns Over Campaign Raffles

Editor's Note: The State Board of Elections does not prosecute or fine any candidate who has violated state code that prohibits the use of raffles in campaign fundraisers. Any evidence or investigation of violations should be forwarded to the Virginia Department of Agriculture and Consumer Service's Office of Charitable Gaming. The OCG investigates violations of gaming laws and regulations and prosecutes any violators. Patch apologizes for the confusion on its end and there will be a new article posted as soon as the specific local and state officials are reached for comment and clarification. Today's story will remain unchanged until the specific parties can be interviewed. —Dan Telvock

Does Virginia allow raffles in campaign fundraisers or not?

The answer to that question seems to be a bit elusive for state and local officials trying to decide on a punishment against the campaign of Spotsylvania Sheriff's candidate Michael Timm for alleged violations of campaign finance rules as well as state gambling laws.

Earlier this year, the Virginia State Police and Spotsylvania Commonwealth's Attorney Bill Neely investigated Timm's campaign after receiving complaints that he held a raffle and a poker run to raise money for his campaign. After confirming the reports, Neely wrote to the State Board of Elections recommending that Timm's campaign pay a $50 fine for the violations. 

However, in an Aug. 3 response, Virginia State Board of Elections Confidential Policy Advisor Justin Riemer wrote to Neely asking why he had recommended the fine in relation to the raffle.

"The State Board of Elections has neither a regulation nor a policy specifically prohibiting the use of raffles during campaign fundraising," wrote Riemer.

Neely wrote back, taking time to point to State Board of Elections documents which seem to prohibit raffles. 

"I don’t wish to quibble with you, but the SBE publication entitled Candidate Campaign Committees – Virginia Campaign Financial Disclosure Act – Summary of Laws and Policies “dated 4/11/11 plainly states on page 25 that “political organizations in Virginia may not under any circumstances use raffles as a fundraising tool," wrote Neely. "While this statement is qualified as 'an example of fundraising activities to avoid', I submit that any candidate or prosecutor is going to consider that blanket prohibition against using raffles as a fundraiser to be a SBE policy according to the plain language of your publication."

Neely also revised up his recommended penalty for Timm's campaign from $50 to $100. No explanation was given in the letter for the rise in the penalty. 

The State Board of Elections has yet to decide on Neely's recommendation.

Timm, a Lieutenant Colonel with the Spotsylvania County Sheriff's Office is currently serving as its Public Information Officer. He is currently engaged in a three way race for sheriff against former sheriff's deputies Roger Harris and Brian Bettis.