Promote Democracy But Remember the Rules
In the midst of this election year, many congregations, and individuals,
are getting active in the political process. Here’s a primer on
what activities congregations are permitted.
Generally speaking, congregations can support issues, but not
candidates. The support of candidates courts the loss of tax-exempt
status from the Internal Revenue Service. Here are guidelines developed
by the IRS and the UUA’s
Washington Office:
Work on Issues: Congregations and their representatives
may work publicly on moral and political issues such as abortion, the
death penalty, the environment, poverty, etc., by advocating positions
to the public and to elected officials; educating and mobilizing congregants
and the general public; and working in local coalitions on issues of
social justice.
Voter Registration: Congregations can educate
and register voters if done in a nonpartisan manner. These activities
include holding voter registration drives. Congregations are encouraged
to join with community groups that may have programs under way. Five
groups that the UUA is working with include Faithful Democracy, www.faithfuldemocracy.org;
Campaign for Communities,www.earthday.net;
NAACP National Voter Fund, www.naacpnvf.org;
Project Vote/ACORN, www.projectvote.org;
and Southwest Voter Registration Education Project, www.svrep.org.
Lobbying: Within narrow limits, congregations
and their representatives may engage in lobbying—defined by the
IRS as advocating for or against specific pieces of legislation—as
an “unsubstantial” portion of an organization’s activities.
The IRS has not provided a guideline for what is considered “unsubstantial,”
but experts generally agree that up to 5 percent is acceptable.
No Partisan Activity: There is a total ban
on partisan political activity. Congregations and their representatives
can do nothing that advocates for or against candidates or political
parties. This includes endorsing candidates, fundraising on behalf of
candidates, and donating meeting space. Candidate questionnaires and
forums are acceptable as long as all major candidates are invited to
participate.
The IRS prohibitions do not pertain to individuals. Pastors may
put bumper stickers favoring candidates on their cars. They may work
on behalf of a candidate during their free time. However, a minister
who endorses a candidate at a church function or through church publications
runs afoul of the tax code.
The IRS has never specifically addressed the issue of churches
inviting candidates to speak from the pulpit, a common practice in some
churches. It would appear from what guidelines do exist, however, that
such activity violates the tax code.
Many UU congregations impose limits on themselves, for instance
not taking positions on issues, because some in the congregation are
likely to oppose most proposed stands. Some congregations require approval
by 75 percent before endorsing an issue. At other congregations the
social concerns committee is authorized to take stands in its name only,
if two-thirds of committee members agree.
RESOURCES
Voting resources from the UUA can be found at www.uua.org/news/2003/voting/links.html.
Rules concerning what congregations can and cannot do about lobbying,
elections, and supporting candidates and issues are on the UUA’s
Office of Advocacy and Witness Web site, found at www.uua.org/uuawo.
Look for The Real Rules: Congregations and IRS Guidelines on Advocacy,
Lobbying, and Elections (In PDF format). For more information see the
Americans United for Separation of Church and State Web site, www.au.org.
See also .www.uua.org/news/2004/voting.html
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