ALTHOUGH THE SAN Francisco Department of Elections hasn't yet certified the petitions to recall Sup. Sophie Maxwell, it seems likely that proponents have submitted enough valid signatures and that at some point in late 2004 or early 2005, there will be a special election in District 10.

What's not clear at this point is who's funding the effort – and proponents need to release that information immediately.

There are some well-meaning progressives who support the recall: Willie Ratcliff, who publishes the San Francisco Bay View, argues Maxwell is out of touch with her district, particularly the Bayview-Hunters Point neighborhoods.

But those proponents don't appear to have researched the legal technicalities too carefully: It turns out that, unlike the gubernatorial recall, there will be no chance for replacement candidates to run. The ballot will contain only one question – should Sophie Maxwell be recalled? – and if she's removed from office, the mayor will fill the vacancy by appointment. In other words, recalling Maxwell amounts to giving Gavin Newsom another call-up vote on the Board of Supervisors.

The mayor insists that neither he nor his political allies are involved. But there's a lot of suspicion that there may be downtown money behind the recall effort, and the supporters aren't doing much to dispel those fears. There's no written disclosure statement on file with the Ethics Commission, and thus no legal record of where the money came from.

If the recall qualifies, both sides will be able to spend unlimited money. That's because of a 1983 city attorney's opinion stating that recalls are exempt from the campaign contribution and spending limits. The supervisors need to close that loophole immediately. In the meantime, Maxwell's foes need to form an official committee, file the documents, and let the public know who's behind this effort.

P.S. If the recall makes it on the ballot, Newsom ought to announce in advance whom he would appoint to that seat, so the public will know what a vote against Maxwell really means.