
Jones Continues to Misrepresent Rights of Houses of Worship
by Guest Blogger, 3/7/2005
On March 2, Rep. Walter Jones (R-NC) formally introduced the Houses of Worship Free Speech Restoration Act (H.R. 235). The bill would amend the Internal Revenue Code to allow religious organizations to endorse or oppose candidates and engage in partisan activity as long as it is part of a religious event. Currently, all 501(c)(3) organizations, including houses of worship, are prohibited from intervening in elections. Supporters of the bill claim religious leaders are afraid to speak out on political issues.
In promoting his bill, Jones continues to disseminate the myth that 501(c)(3)s, including churches, cannot engage in issue advocacy or discuss the issues of the day. According to a press statement released by his office, "H.R. 235 was introduced to liberate clergy from the muzzle imposed by the absolute ban on all speech that may be regarded as 'political' and thereby enable them to speak out on vital and moral and political questions of the day."
Jones' position misrepresents current law. Non-electoral advocacy, focused on issues, is always permissible. These activities include lobbying for or against confirmation of non-elected officials, such as judges, lobbying on legislation, commenting on proposed regulations, participating in hearings held by agencies and litigation.
The tax code allows 501(c)(3)s to engage in issue activities during an election season if it is part of ongoing work and related to the group's mission. These activities cannot be increased or timed in order to influence the outcome of an election.
Many types of election-related activities do not fall under the "campaign activity" prohibition and can be conducted by religious institutions. The key distinction is that voter education and mobilization activities cannot support or oppose a particular candidate, directly or indirectly. Permissible election-related activities include: voter education; publishing candidate responses to questionnaires; nonpartisan voter drives; and sponsoring debates and forums. Campaigns on ballot initiatives and referendums are considered lobbying, not partisan electioneering, because no candidate is involved.
Current law protects the integrity of charitable nonprofits by preventing individuals from using tax-deductible contributions to avoid campaign finance laws. It also prevents individuals from using charitable nonprofit organizations, which by definition are organized for public purposes, to advance their personal partisan political views.
Speakers at the press conference included Senators Sam Brownback, (R-KS) and Tom Coburn, (R-OK), Rep. Joe Pitts, (R-PA), Chairman of the House Values Action Team and Congressman Mike Pence, (R-IN), Chairman of the House Republican Study Committee and a number of minority pastors. Supporters of the bill have set up a website that confuses the issue by failing to distinguish between issue advocacy and partisan electioneering.
