From James Bopp, by James Bopp, Jr. General Counsel
James Madison Center for Free Speech
in association with the Alliance Defense Fund
James Madison Center for Free Speech
in association with the Alliance Defense Fund
Guidelines for Political
Activities of Churches and Pastors
The following is a list of
activities that may be considered political activities in the broad sense and
that a church or pastor, in his individual capacity and using his own funds,
may wish to do.
First, churches and pastors
may discuss the positions of candidates on issues B including criticizing or praising them for their
positions. This is called issue advocacy.
Second, pastors, as
individuals, may endorse candidates, and publish their endorsements at their
own expense. The endorsement of a candidate includes any statement which uses
explicit words to expressly advocate the election or defeat of a clearly
identified candidate, such as "elect," "support,"
"defeat," or "oppose." This is called express advocacy. A
church may not engage in express advocacy, but a pastor, in his individual
capacity, may.
Third, pastors as individuals
may contribute to political candidates, churches may not. In‑kind expenditures
are non‑cash benefits provided to a political candidate. Pastors may make in‑kind
expenditures in favor of or against political candidates, but churches may not.
Fourth, pastors may make
independent expenditures for such advertising as long as they don=t utilize church property. Churches may not make such
expenditures. Independent expenditures are expenditures for advertising in
favor of or against political candidates, that are not coordinated with the
candidate, and are not approved by the candidate.
Fifth, pastors may contribute
to political action committees, or PACs, but churches may not.
Sixth, pastors may pay the
expenses for a person to attend a caucus of a state/national convention,
churches may not.
Seventh, a political
candidate may appear at a church service. The appearance of a candidate before
a church service, however, is limited as follows: (a) any other candidate for
the office or any other political party who is a candidate for the office who
requests to appear must be given the same opportunity, and (b) no solicitation
for funds for the candidate or endorsement of the candidate may be made by any
representative of the church.
In addition, a church may
allow political candidates to have a meeting or use the facilities of the
church on the same basis that civic groups and other organizations are allowed
to. If civic groups and other organizations are required to pay some rent for
using the church property, the political candidate should be charged the same
amount.
Eighth, a church may publish
or distribute the results of surveys of candidates on public issues. Such
surveys, however, must be non‑partisan. As a result, 501 (c) (3) church groups
should observe the following conditions in publishing or distributing the
survey:
1. publish the response of
all the candidates for the particular office by use of "yes" and
"no". Avoid use of "+" and "‑" or "pro‑life"
and "anti‑life". The survey should not specify what is the desired
response;
2. do not include any words
indicating either endorsement of or support for any of the candidates or
indicate that the reader should "vote pro‑life." Advocacy of one
issue voting should be reserved for other issues of the church bulletin when
the survey is not published; and
3. do not publish the response
to the survey under the control, direct or indirect, of any candidate.
It is preferable that
candidate surveys involve a variety of issues, but this is not required.
Ninth, churches may also
publish the voting records of incumbent public officeholders. In the case of
publication of voting records, the church has more leeway than in publishing
candidate surveys as follows:
1. the church, in publishing
the incumbent=s votes on particular issues, may indicate the church=s view and the fact that the incumbent supported or
opposed the church=s view. Thus, "+" or "‑" or
"pro‑life" and "anti‑life" may be used, and
2. in other respects, the
publications should be non‑partisan. As a result, the voting records of all
incumbents in the area should be presented, candidates for reelection should
not be identified, no comment should be made on an individual=s overall qualifications for public office, and no
statements expressly advocating the election or defeat of any incumbent as a
candidate for public office should be offered.
Tenth, pastors may distribute
candidate political statements at their own expense, but may not distribute
them at church. Churches may not distribute candidate political statements, but
they may permit distribution by others of candidate political statements in
their church parking lot.
Eleventh, lists of members of
the church congregation may be rented to candidates for their use in seeking
support or raising funds. The candidate must pay the fair market value for the
list, if it is rented from the church. The church must offer the list to all
candidates on the same terms
Twelfth, a church may
participate in non‑partisan voter education. Here, voter education involves
discussion of the electoral process, such as how to run for public office or
delegate, how to register, where to vote, helping or assisting people to
register and get out the vote drives. All such activity is permissible as long
as it is not directed at one party or candidate over another.
Thirteenth, a church may
publish an ad for a political candidate in its bulletin or newsletter, as long
as the ad is purchased at the regular rate for such ads published in that
publication. If discounts are given regular advertisers under certain
circumstances, the same discounts may be extended to the political advertiser.
In addition, the church may be selective in printing adsBfor instance, only ads from pro‑life candidates may be
accepted. A political ad may not be sold to a candidate at less than the
regular rate since this would constitute a political contribution to the
candidate.
Fourteenth, a church may
publish without limitation news stories on political candidates, political
campaigns and endorsements of political candidates by political organizations.
The publication of voting records and candidate surveys in bulletins are
subject to the limitations delineated in item nine above.
Fifteenth, a church may not
publish an editorial supporting or endorsing a candidate for political office.
This would be considered a church endorsement, which it may not do.
See also, comprehensive information at Political Responsibility Center of Priests for Life
http://www.politicalresponsibility.com/
Index of Articles
Open letter to Ray Lahood - Stand Firm
Urgent: Defend Conscience Rights Now and How!
Quality of Life: A Hellish Formula
I was saddened to read this sermon from a professing Christian
Does All Reality Relate?
Notre Dame President Should Rescind Commencement Speaker Invitation
Where Are We Now? Where Are We Headed?
When will we Finally Win?
Praying for the President
Beatitudes, Babies and Baseball: The poor pitcher
Beatitudes, Babies and Baseball: The Consoled Catcher
Beatitudes, Babies and Baseball: The Meek First Baseman
Beatitudes, Babies and Baseball: The Hungry Second Baseman
Beatitudes, Babies and Baseball: The Merciful Third Baseman
Index of Articles
Open letter to Ray Lahood - Stand Firm
Urgent: Defend Conscience Rights Now and How!
Quality of Life: A Hellish Formula
I was saddened to read this sermon from a professing Christian
Does All Reality Relate?
Notre Dame President Should Rescind Commencement Speaker Invitation
Where Are We Now? Where Are We Headed?
When will we Finally Win?
Praying for the President
Beatitudes, Babies and Baseball: The poor pitcher
Beatitudes, Babies and Baseball: The Consoled Catcher
Beatitudes, Babies and Baseball: The Meek First Baseman
Beatitudes, Babies and Baseball: The Hungry Second Baseman
Beatitudes, Babies and Baseball: The Merciful Third Baseman
Beatitudes, Babies and Baseball: The Persecuted Right Fielder
CIRTL Movie Ads at Willow Knolls and Pekin Showplace
The Pro-Life Essential
FLICA: Fair Labeling and Informed Consent Act
Letter to the Bishop of Peoria
Creation Ordinances
What Does 'Pro-Life' Really Mean to Us?
Another Response to What is Pro-Life?
The Killing of Tiller
Strange Irony in George Tiller's death
CIRTL Official Statement on Death of Dr George Tiller
Committing murder is not trusting in God
The Religious Right and George Tiller
Unity and Diversity
Life Line event
Alice and the Cheshire Cat - Defining Choice
More on Choice vs Coercion
Pastoral Letter re. United Way and Planned Parenthood
The Delicate Art of Manipulation
The Inadvertent Value of Garbage
Abortion right 'settled law': Sotomayor
Press release: CIRTL opposes stealth abortion amendment
Two saves in one day
Health Care and Abortion
Will Today's Killing Be Viewed as a "Hate Crime"?
CIRTL Movie Ads at Willow Knolls and Pekin Showplace
The Pro-Life Essential
FLICA: Fair Labeling and Informed Consent Act
Letter to the Bishop of Peoria
Creation Ordinances
What Does 'Pro-Life' Really Mean to Us?
Another Response to What is Pro-Life?
The Killing of Tiller
Strange Irony in George Tiller's death
CIRTL Official Statement on Death of Dr George Tiller
Committing murder is not trusting in God
The Religious Right and George Tiller
Unity and Diversity
Life Line event
Alice and the Cheshire Cat - Defining Choice
More on Choice vs Coercion
Pastoral Letter re. United Way and Planned Parenthood
The Delicate Art of Manipulation
The Inadvertent Value of Garbage
Abortion right 'settled law': Sotomayor
Press release: CIRTL opposes stealth abortion amendment
Two saves in one day
Health Care and Abortion
Old Blog Home Page http://centralillinoisrighttolife.blogspot.com/