Is It Legal? Guidelines for Voter Education

The right to participate in the political process is a fundamental constitutional liberty that extends to churches and other religious organizations no less than to secular institutions and private citizens.

Religious leaders and laypeople have important contributions to make to the political order. They should educate themselves and others about moral and religious principles, analyze contemporary social issues, participate in the public policy debate and use their votes to help shape a society that respects human life and pursues social justice. Speaking out on issues is entirely proper under the law (For exmple, parishes are strongly encouraged to mobilize voter opposition to the human cloning and stem cell research initiative.). However, churches and other tax exempt organizations must be aware of restrictions placed on church political activities by federal law relating to political candidates.

Section 501(c)(3) of the Internal Revenue Code gives tax exemption only to organizations that do not participate in, or intervene in (including the publishing or distributing of statements) any political campaign on behalf of or in opposition to any candidate for public office.

The Internal Revenue Code prohibits certain activities such as:

Endorsing or opposing specific candidates for public elective office;
Contributing money or in-kind support to a candidate or political party;

The following activities are lawfully permitted:

Endorsing/opposing an issue (as opposed to a candidate), for example, it is legal for parishes to oppose the human cloning and stem cell research initiative;
Donating money or soliciting contributions in support or opposition to a ballot issue;
Distributing nonbiased, nonpartisan literature on a wide range of issues;
Nonbiased encouragement of citizens to register and vote;
Conducting nonbiased, nonpartisan public forums or debates;
Educating candidates and attempting to change the candidate’s position on an issue.

Examples of prohibited endorsements:

A homily urging listeners to vote for or against a particular candidate;
Labeling candidates in parish bulletins or other publications as anti-abortion, pro-peace, etc. or evaluating candidates with signs, such as “+” or “-”, or distributing filled-in sample ballots or materials from any organization that does the same.

Examples of prohibited financial or other support:

Donating money or soliciting financial contributions for a particular candidate;
Providing free volunteers to a candidate;
Providing free use of facilities to particular candidates, or allowing placement or distribution of campaign signs or literature on church property;
Providing membership lists to one candidate but not to another.

Examples of permitted activities:

Contributing money or in-kind support to support or oppose proposed ballot issues (for example, constitutional amendments);
Registration campaigns and get-out-the-vote campaigns, including giving voters a ride to the polls or helping absentee voters, provided it is done in a nonbiased way;
Surveying the positions or views of political candidates and reporting them in parish bulletins, etc. provided that: (1) the survey is not biased in favor of one candidate over another, (2) a wide range of issues are selected, and (3) the results are reported in an accurate or unbiased manner without editorial comment. It is recommended that all voter education tools explicitly disclaim any intent to endorse or oppose any candidate.

These federal laws should be taken seriously. The prohibition against tax exempt organizations engaging in endorsing, supporting or opposing candidates is an absolute prohibition and, if violated, can result in the loss of tax exempt status and additional penalties.

If questions arise as to the legality of a planned activity, it is recommended that the parish or religious group consult with its diocesan attorney or contact the MCC for assistance.