'My responsibility.' Cape lawmaker points to his lack of oversight for campaign errors

Editor's note: This story was updated on May 13, 2024, with a response from state Sen. Julian Cyr, D-Truro.

A leading Cape Cod Democrat has said state Rep. Christopher Flanagan made serious mistakes, as reflected in violations cited by the state Office of Campaign and Political Finance, but that Flanagan is a "strong advocate" for his constituents.

Flanagan has directly paid $9,000 in fines, the state office confirmed, among other penalties.

Cape Cod Republicans found fault.

"I take it as a compliment he had to cheat to win," said Tracy Post, Flanagan's Republican opponent in the 2022 state representative race.

Flanagan should resign his position and withdraw from the upcoming race for the two-year seat, David J. Sampson, president of the Cape Cod Republican Club, said.

"I don't believe the representative is in a position to effectively serve the constituents of his district," Sampson said.

Flanagan won the 2022 race for the 1st Barnstable District. He received 12,401 votes to Post's 10,352 votes.

The district includes the town of Brewster, the town of Dennis and Precincts 1, 2, 3, 4, 7, and 8, of the town of Yarmouth, all in Barnstable County.

Currently Flanagan is running unopposed for a second term. The primary election is Sept. 3.

"Oversight of the campaign is my responsibility," Flanagan said in an email to the Times. "It is important for me to share with you how truly sorry I am that this occurred and have taken steps to ensure that it never happens again."

Flanagan made "some serious mistakes,” Sen. Julian Cyr, D-Truro, said on Monday. “He’s taking responsibility for those mistakes, and he’s resolved them with the Office of Campaign and Political Finance. Like everyone else, I expect Chris will continue to work hard on behalf of the people of the First Barnstable District. He’s been a strong advocate and reliable partner since joining the legislature."

"I also think it’s noteworthy that Chris is the only incumbent from either party on the Cape and Islands who does not have an opponent who filed papers to run against him in this election year," Cyr added.

State Rep. Sarah Peake, D-Provincetown, did not return two calls from the Times for comment. Peake is the House's second assistant majority leader and the dean of the Cape Cod delegation. She has announced she is not running for reelection.

What were the findings?

The six-page letter dated April 19 from Office of Campaign and Political Finance Director William Campbell laid out findings following an investigation into a campaign mailer entitled “Conservatives for Dennis” that supported Flanagan’s run in 2022 for the two-year office.

The office received a complaint about the mailer, which started the investigation. Flanagan did not respond for months to the state office’s questions. He finally responded when the state office said it would send the matter to the Attorney General’s office for review, according to the letter.

The mailer went out to Dennis residents prior to the Nov. 2, 2022 election. The purported group, “Conservatives for Dennis” highlighted Flanagan’s “service, honesty and integrity,” and read in part, “Vote the person, not the party.”

Attacks against Post were printed on the back of the mailer. The statements read Post was "unfit for office," and that she had cost Dennis taxpayers thousands in two lawsuits.

The state office determined the mailer was a campaign committee expense, not a third-party expense as the campaign claimed. Had it been properly disclosed and reported, the public would have known Flanagan's campaign paid for it, according to the office.

What happened in the 2022 race?

Flanagan ran against Post and Independent Abe Kasparian. Tim Whelan, a Republican from Brewster, had held the seat since 2015, but he did not run for reelection.

Flanagan touted his public service experience during the campaign. He worked for two U.S. senators from Massachusetts, John Kerry and William “Mo” Cowan. He was on the Dennis Select Board during the pandemic.

Coastal resiliency, economic development, housing and education were some of the issues he wanted to focus on as state representative, he said.

During his campaign, he said that as an executive officer on the nonprofit Homebuilders and Remodelers Association of Cape Cod he understood the connections between the environment, housing and the economy.

Excess contributions

After the investigation into the mailer, the state office turned to Flanagan's campaign finances.

The Flanagan campaign committee’s bank records revealed $10,580 in excess contributions for 2022 and 2023, according to the state office. One was a $10,000 check reported as a loan from Flanagan to the committee.

"The law only allows cashier’s checks for $100 or less," Jason Tait, communications director with the Office of Political and Campaign Finance wrote in an email. "The $10,000 was deposited by cashier’s check, an excess of $9,900."

As a result of errors, the committee has paid $6,000 in penalties to the commonwealth, and Flanagan has paid $9,000, according to the office.

Flanagan had to forgive $13,992 in outstanding loans the committee owed him.

The committee also purged $10,580 by making a charitable contribution, according to the letter. The committee donated $10,580 to the nonprofit Family Table Collaborative in South Yarmouth, according to cofounder and director Jeni Wheeler. Tait said the donation to a nonprofit was part of the agreement the state office made with Flanagan.

The Family Table Collaborative, founded in March 2020, distributes prepared meals to families and seniors on Cape Cod.

In total, the fines and penalties for Flanagan and his campaign committee totaled $39,572.

Penalties for violations of the state law governing campaign expenditures and contributions can include civil and criminal penalties, disqualification from races, restitution, and public disclosure.

What is Flanagan's response?

In his statement, Flanagan said in part that as "someone who serves you, I take to heart my role, my duties to the public, and owning up to mistakes."

The state office of campaign and political finances has issued fines and required a donation to a nonprofit, he said.

During the state review, Flanagan said he "accepted responsibility for the mistakes that led to this outcome."

"This mailer should never have happened," he wrote.

In the spirit of good governance, he wrote, "I agree with OCPF that the corrective measures they had me undergo to resolve the matter are in the best interest of the public."

Possible write-in campaign against Flanagan

Cape Republican officials are weighing their options for the upcoming primary.

Should at least 150 voters choose a write-in candidate in the primary election, that person could go on the ballot for the Nov. 5 general election.

When Post was asked if she might consider running as a write-in candidate for the seat, she said she was focused on the Yarmouth Select Board race.

Post, Wheeler and three other candidates are running for one open seat on the Yarmouth Select Board.

Denise Coffey writes about business, tourism and issues impacting the Cape’s residents and visitors. Contact her at dcoffey@capecodonline.com . 

Thanks to our subscribers, who help make this coverage possible. If you are not a subscriber, please consider supporting quality local journalism with a Cape Cod Times subscription.

This article originally appeared on Cape Cod Times: Cape Rep. Flanagan pledges to prevent future campaign errors