Scaled Down Church Electioneering Bill Introduced - Nonprofit Issues

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Published: 01/27/2003

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Scaled Down Church Electioneering Bill Introduced

We are collecting feedback from nonprofits on how much partisan electioneering powers can help or hurt 501(c)(3) organizations. What do you think? Could taking sides be a good investment of your group's time, money, or political capital? What are the dangers, and can they be avoided? If so, how? You can provide us with input through our online forum on NPAction.org

Last fall, after the House defeated a bill that would have allowed religious organizations to engage in partisan electioneering, sponsor Rep. Walter Jones (R-NC) promised to re-introduce the bill in the next Congress. On January 8 he followed through by introducing the Houses of Worship Free Speech Restoration Act, H.R. 235), which attempts to address concerns raised about last year’s bill by narrowing the scope of what it allows. It currently has thirteen co-sponsors and has been referred to the Ways and Means Committee.

H.R. 235 proposes to amend the Internal Revenue Code by adding a section barring revocation of tax-exempt status “because of the content, preparation, or presentation of any homily, sermon, teaching, dialectic, or other presentation made during religious services or gatherings.” It also states that no expenditures otherwise barred by federal campaign finance law shall be allowed as a result of this legislation.

While this version of the law is an improvement, two fundamental problems remain: preference for religious organizations over other nonprofits exempt under 501(c)(3), and the potential for campaign expenditures that are allowed under federal, state and local campaign finance laws. For details see our Fact Sheet on church electioneering.