Tom Tolen / [email protected]

The Michigan Secretary of State’s office has notified a local attorney that she may have violated portions of the Michigan Campaign Finance Act. The office is responding after investigating a complaint against Sarah Cross of Brighton filed by attorney Daniel Wholihan.

It is alleged that in a campaign aimed at recalling two Brighton Board of Education members, Cross failed to file a "statement of organization in accordance with the deadline, (failed) to file required campaign statements and (failed) to include the required ‘paid for by’ statement" on her campaign materials. The complaint also alleges that if Cross had paid for the items in question she would have been required to file an independent expenditure report. The letter to Cross states that in her response to Wholihan’s Michigan Campaign Finance Act complaint, she stated the complaint failed to establish that the required disclosures were not made in a timely manner and the Wholihan failed to prove that contributions over the $500 threshold were received by her Restore Integrity-Recall Hostility Committee.

The letter stated further that Cross failed to rebut Wholihan’s allegations that the cost of billboard and Facebook ads exceeded $500. There were also other MCFA rules with which Cross is alleged to have not complied. The notification to Cross concludes that, “The evidence submitted supports the conclusion that a potential violation of the act has occurred.” The letter also stated that there may be reason to believe there may have been a potential violation of other sections of the law. Other potential violations cited, such as not naming the person or organization paying for the printed material, constitute a misdemeanor punishable by a fine of up to $1,000, or 93 days imprisonment, or both.

The letter to Cross states that since the matter was not informally resolved by June 9th, it has been referred to the Michigan Attorney General’s office with a request that Attorney General Dana Nessel prosecute the penalties outlined under the act. That was done with the June 20th letter referring the case to Nessel's office for prosecution.

The campaign to force an election to recall board Trustees John Conely and Bill Trombley last year failed to garner enough petition signatures, and was dropped. Among other criticisms, Cross had charged Conely with comparing mask mandates to actions by Adolf Hitler's Nazi regime, which Conely (now board treasurer) has steadfastly denied. Cross also attempted to have Brighton Board Trustee Bill Trombley (now board vice president) recalled, saying he admitted at a board meeting that he did not read his board packet.

For his part, Conely told WHMI that he is “hoping that justice is served.” He said further that he decided to seek legal redress for Cross’s actions because, again his words, “People are sometimes afraid to take a stand, and that’s not right.” Cross did not return calls by WHMI asking for comment.