San Francisco mayoral candidate Mark Farrell could be in hot water over a new mailer he sent out that his rivals claim violates campaign law.
Farrell's mailer urges voters to support a reform measure but then on the backside touts his unrelated accomplishments as interim mayor.
One side of the 8-by-11-inch card features a smiling Farrell urging a "yes" vote on the TogetherSF ballot measure, which would enhance mayoral power. The mailer was paid for by Mayor Mark Farrell for Yes on Prop. D, Farrell's candidate-controlled committee backing the measure.
The problem is that on the other side of the mailer, there is a straight-out campaign ad for Farrell with the text: “As interim mayor, I targeted drug dealing and cleared all large tent encampments in just six months. But since then, our leaders have failed us.”
The statement is attributed to “Democrat Mark Farrell.” Farrell's body is superimposed in front of City Hall. Proposition D, which would shrink city commissions from 130 to 65, is not mentioned. It's also unclear how Farrell's focus on drugs and homelessness during his stint as interim mayor would play a part in his push for Proposition D.
Mission Local, which reported the story , contacted Farrell's campaign attorney, who said, "Every paid communication we share with voters is vetted and approved by counsel. We follow all laws — period.”
However, Farrell's political rivals say his mailer crossed the line.
“It is perfectly legal for candidates to control ballot measures committees and take positions on ballot measures. That happens all the time,” Jim Sutton, the campaign attorney for Daniel Lurie’s mayoral campaign, told Mission Local. “But the communications have to actually be about the ballot measure. Not their qualifications for office and not a public policy issue — drug-dealing and tent encampments — which have nothing to do with the underlying measure.”
“Any judge will see this is a not-that-thinly veiled attempt to use over-the-limit corporate contributions to promote his mayoral candidacy," Sutton added.
Incumbent Democratic Mayor London Breed's camp also has problems with Farrell's postal push.
"If it has been a mailer about Prop. D completely and didn’t have the stuff about his qualifications for office, that’d be OK," Tom Willis, Breed's campaign attorney, said. "But that’s obviously not what it’s about. It talks about being interim mayor, being a Democrat, all those things. It replicates his campaign messaging.”
Candidates putting measures on a ballot and then linking themselves to it as a publicity generator happens pretty frequently. The measures typically highlight subjects the candidate wants to talk about but can also serve as indirect fundraising tools. San Francisco campaign laws cap individual contributions at $500 but there is no limit for people who want to give to a ballot measure committee.
The allegation in Farrell's case is that the money spent under the guise of his Proposition D campaign is actually being spent on his mayoral campaign and that donors and Farrell are making a mockery out of the individual campaign donor cap.
It is unclear what, if anything, will be done. His rivals could file a complaint with the Ethics Commission or the California Fair Political Practices Commission. However, any complaint filed will likely not be addressed before November's election.
Farrell also made headlines this week for edging out Breed in a new KRON4 News-Emerson College Poll .
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With less than two months to go before the election, 20.6% of voters said they’d vote for Farrell as their first choice while 20.3% said they’d back Breed.
Lurie, a nonprofit executive and heir to the Levi’s fortune, is not far behind with 17.5% of voters backing him as their first choice.
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