Be armed with the right information and determined to participate in the electoral process

Christian Action League of North Carolina, Inc.

According to a recent Associated Press article, Group Files Complaint Against Minnesota Church Over Candidate Endorsement, "A watchdog group filed a complaint Tuesday with the IRS against a Minnesota church, claiming the pastor violated the church's tax-exempt status by endorsing" a congressional candidate.

The AP article goes on to report the Pastor made it clear from the pulpit that the church was not endorsing the candidate. "But," said the pastor, "I can tell you, personally, that I am going to vote for"...," and then he named the candidate. The pastor said he thought he was well within the rules by acknowledging it was a personal endorsement and not an official endorsement of the church, but the watchdog group refuses to withdraw the complaint.

At this point the matter is only a complaint filed by the watchdog group and there is no assurance whether the IRS will consider the matter serious enough to warrant an investigation or that prosecution would follow. Nevertheless, the IRS could investigate. And technically speaking, the church was in violation in that the pastor gave the endorsement in an official capacity.

Unfortunately, such laws are a restriction on free speech and ought to be repealed. Moreover, there are various groups waiting to pounce on any pastor or conservative evangelical church that makes a mistake. Pastors and churches, however, should not be intimidated by these facts, but armed with the right information and determined to participate in the electoral process inasmuch as the law currently allows.

Free Legal Advice Available to Clergy and Churches

The James Madison Center for Free Speech and the Alliance Defense Fund will respond free of charge to inquiries by churches and pastors on permissible political activities through emails, telephone advice and opinion letters. The Alliance Defense Fund has provided a grant to the James Madison Center for Free Speech for this purpose.

James Madison Center fro Free Speech, 1 South 6th Street, Terre Haute, IN 47807, voice 812.232.2434, fax 812.235.3685, www.jamesmadisoncenter.org, email madisoncenter@aol.com

For: Dos and Don'ts for Political Activities of Pastors click here

For: Guidelines for Political Activities for Pastors and Churches click here

For: IRS Fact Sheet 2006-17 click here