On Feb. 26 the United Church of Christ published a statement revealing that the Internal Revenue Service (IRS) sent them a letter announcing it has launched an investigation into their tax exempt status because it says there is "reasonable belief" that the church violated the ban on partisan electioneering. At issue is a June 23, 2007 speech by Sen. Barack Obama (D-IL) at the church's 50th General Synod.

The IRS enforces the ban on partisan intervention in elections by 501(c)(3) organizations, which includes charities, religious and educational organizations, by applying a "facts and circumstances" test to each event. There are no set standards or clear definitions, so that groups that invite public officials to speak must make their best guess at the right way to go about it. OMB Watch has called on the IRS to develop clear standards so situations just like this can be avoided.

The following are among the "facts and circumstances" surrounding Obama's speech:

• Obama was invited to speak in his capacity as a church member and elected official, a year before he became a presidential candidate
• Before the speech church officials warned the crowd that the event was not about the campaign and no signs, buttons, leaflets or other campaign material would be allowed in the civic center where the event was held.
• Obama campaign volunteers were not allowed into the civic center, but set up outside, presumably in public space
• There were 60 speakers at the Synod, including Obama, who addressed the intersection of faith with their vocation .
• Obama has been a member of Trinity United Church of Christ in Chicago for over 20 years.
• Church leaders got legal advice before the event.

The church's statement denied wrongdoing, instead calling the investigation "disturbing" and likely to have "a chilling effect on every religious community." They have set up a legal fund to help defray the costs of the investigation, so that "money given for mission will not be needed to pay legal bills, instead of ministry needs."

Last September the Street Prophets blog reported that redacted IRS documents on the UCC Truths website revealed that a complaint about the Obama speech was filed with the IRS on August 2, 2007. The name of the complainant is blacked out. Church-state watchdog Americans United for Separation of Church and State had a different view in their June 25 blog statement, saying they saw no evidence that a violation had occurred, going on to note that "What happened at the UCC gathering is a lot different than some of the cases AU has reported to the IRS in the past. In those instances, there was a clear intent to intervene in a partisan race."

The UCC website has a list of news stories about the issue. You can also play the video of Obama's speech. The speech is also summarized in a June 24, 2007 New York Times article.

For backgroundn on IRS enforcement see our Resource Center: IRS Rules on Election Activities of Charities.

Posted by Kay Guinane, 06:07:19 PM

Thursday, February 14, 2008