San Francisco mayoral candidate charged with violating campaign finance law

In his mailing, Farrell calls on voters to support a reform measure, but on the back he then praises his independent successes as interim mayor.

One side of the 8-by-11-inch card features a smiling Farrell calling for a “yes” vote on the TogetherSF ballot proposal that would increase the mayor's power. The mailing was paid for by Mayor Mark Farrell for “Yes on Prop. D,” Farrell's candidate-controlled committee that supports the proposal.

The problem is that on the back of the mailer is a blatant campaign ad for Farrell, which reads: “As interim mayor, I targeted the drug trade and cleared all major tent camps in just six months. Yet since then, our leaders have failed us.”

The statement is attributed to “Democrat Mark Farrell.” Farrell's body is pictured outside City Hall. There is no mention of Proposition D, which would reduce the number of city commissions from 130 to 65. It is also unclear how Farrell's focus on drugs and homelessness during his tenure as interim mayor would play a role in his push for Proposition D.

Mission on sitewhich reported the story contacted Farrell's campaign attorney, who said, “Every paid communication we share with voters is reviewed and approved by an attorney. We comply with all laws – period.”

Farrell's political rivals, however, say he went too far with his mailing.

“It is perfectly legal for candidates to control election committees and take a position on election proposals. This happens all the time,” said Jim Sutton, the attorney for Daniel Lurie's mayoral campaign, Mission on site“But the messages must actually relate to the voting plan. Not to their qualifications for the office and not to a political issue – drug trafficking and tent camps – that has nothing to do with the underlying plan.”

“Any judge will recognize that this is a not entirely blatant attempt to use excessive corporate donations to promote his candidacy for mayor,” Sutton added.

The camp of incumbent Democratic Mayor London Breed also has problems with Farrell's post-offensive.

“If it had been a mailer that was all about the law and didn't say anything about his qualifications for the office, that would be fine,” said Tom Willis, Breed's campaign attorney. “But that's obviously not what it's about. It's about being interim mayor, being a Democrat and all those things. It's a reiteration of his campaign message.”

It's fairly common for candidates to put proposals on a ballot and then link themselves to it as an advertising vehicle. The proposals usually highlight issues the candidate wants to talk about, but can also serve as an indirect fundraising tool. San Francisco's campaign laws limit individual donations to $500, but there is no limit on how much people want to donate to a campaign committee.

In the Farrell case, it is alleged that the money spent under the guise of his Proposition D campaign was actually being spent on his mayoral campaign and that the donors and Farrell are ridiculing the cap on individual campaign donors.

It is unclear what, if any, action will be taken. His rivals could file a complaint with the Ethics Commission or the California Fair Political Practices Commission, but a complaint filed is unlikely to be addressed before the November election.

Farrell also made headlines this week for narrowly beating Breed in a new poll from KRON4 News and Emerson College.

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Less than two months before the election, 20.6 percent of voters said they would choose Farrell as their first choice, while 20.3 percent would support Breed.

Lurie, executive director of a nonprofit organization and heir to the Levi's fortune, is not far behind: 17.5 percent of voters support him as their first choice.