Rep. Walter Jones' (R-NC) bill to allow houses of worship to engage in partisan electioneering, including endorsing or opposing candidates, during religious services and similar events has gained 54 co-sponsors in the House. The bill, H.R. 235, is a scaled back version of legislation that failed to pass the House last year. While the new bill limits electioneering to religious services, it has still raised concerns about houses of worship becoming soft money conduits and indirect tax subsidies for partisan activity based on tax deductibility of donations to religious organizations.

The Campaign and Media Legal Center recently published an analysis of the new bill that illustrates its potential for campaign finance abuses. These include:

• lack of restrictions on mass media broadcast of religious services with partisan content. This would make it possible for soft money donors to finance broadcasts of endorsement speeches and other activities through donations to churches.
   
• lack of definitions or limitations on re-distribution of partisan statements made in religious services;
   
• no limits on who makes electioneering statements. As written, the bill would allow candidates to make appearances and speeches asking for votes.
   
• no limit or restriction on campaign fundraising during religious services.

Although the bill says that it does not repeal or amend last year's campaign finance reform legislation in any way, that law only applies to federal elections. The Jones bill would apply to all electioneering in houses of worship, including state and local elections.

Because donations to houses of worship are tax deductible, the bill raises issues about the fairness of using such donations for partisan purposes. Tax deductibility would make houses of worship very attractive to soft money donors seeking to avoid the limits of the new campaign finance law.

The President's faith-based initiative, which is seeking increased participation by religious organizations in competition for federal grants, raises serious questions about corruption, or the appearance of corruption, as one possible result of allowing houses of worship to endorse candidates and compete for federal grants.

OMB Watch opposes the bill because of the problems cited above. However, we also oppose any effort to expand advocacy rights to religious organizations, but not to secular groups also exempt under 501(c)(3) of the tax code. There should be no preferences for religious speech over non-religious speech.

The bill has been referred to the House Ways and Means Committee. Click here to see our summary of H.R. 235.