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Political gifts by churches break IRS rules

At least 115 in Maryland have donated money to candidates since 2000
Sun reporter
Originally published February 26, 2006
 
More than 100 churches in Maryland - including dozens in Baltimore - have made campaign contributions to political candidates in recent years, an act that is prohibited by federal tax law and blurs the line between politics and the pulpit.

Some have given repeatedly, such as the Southern Baptist Church in East Baltimore, which made a dozen campaign donations between 2000 and 2004 that add up to more than $3,000, according to a review by The Sun of candidate finance reports.

Statewide, at least 115 churches have given to about 40 candidates since 2000, according to the review, and while the donations are generally small and sporadic, they flout Internal Revenue Service regulations that prohibit churches from advocating for specific political candidates.

"They're not supposed to do that," said Rob Boston, a spokesman for Americans United for Separation of Church and State, a Washington group that has filed complaints against churches with the IRS for similar lapses.

Churches that give to candidates can face revocation of their tax-exempt status or a 10 percent excise tax on the contributions, according to the IRS.

Critics of the nonprofit tax code say it stifles the free speech of religious leaders and undermines the role churches play as advocates for their communities. Others argue that allowing congregations to become politically active could turn the collection plate into a vehicle for tax-free campaign finance.

On Friday, the IRS released a report showing that nearly three-quarters of 82 tax-exempt organizations investigated nationwide during the 2004 election campaign had participated in some form of prohibited political activity - including 37 of 47 churches that were examined. The agency moved to revoke the tax-exempt status of three of those organizations, though none were churches.

While IRS Commissioner Mark W. Everson emphasized in a Cleveland speech that "the vast majority of charities, including churches, do not engage in politicking," he said the agency neverthless saw "increasing political intervention in 2004" - particularly as both parties sought religious support - and promised expanded education and enforcement.

In Maryland, contributions by churches have been small - averaging about $170, according to The Sun's analysis, and ranging from $5 to $2,000 - but for candidates, a little faith can go a long way.

Del. Emmett C. Burns Jr., a Baltimore County Democrat, for instance, has received about $16,000 from churches since 2000, according to the review, including $500 from Rising Sun First Baptist Church in Woodlawn, where he is pastor. Baltimore Democratic Sen. Nathaniel J. McFadden, the Senate's majority leader, took a dozen contributions, which add up to more than $2,000.

A variety of candidates from both parties - including many in top leadership positions - have taken money from churches in recent years. They include Baltimore City Council President Sheila Dixon; Baltimore State's Attorney Patricia C. Jessamy; and Sen. Thomas M. Middleton, a Charles County Democrat and chairman of the Senate Finance Committee.

Some who received a contribution from a church said they were not aware of the federal provisions barring them. Burns said he believes that the IRS should change its rules to allow churches to make donations, especially given the Bush administration's emphasis on religion-based initiatives.

"We're talking about faith-based this and faith-based that - why not? We're moving in that direction," Burns said. "It doesn't mean that because a church buys a ticket that it supports a political position; they're just going to be at an event."

A proposal to ease political restrictions on churches has been introduced in Congress but has stalled for more than a year.

Nothing in state or federal law bans candidates from taking a contribution from a church - the onus, tax experts say, is on church leaders to know better. But some candidates acknowledge that they do not inform churches of the law, and some pastors said they didn't realize they were attending a political event.

"We never considered it a contribution. We never considered ourselves making a contribution," said Pastor Matthew Jones of Concord Baptist Church in West Baltimore, which appears on campaign disclosure reports as making seven donations since 2001.

Jones said the church bought tickets to political banquets at Martin's West, a Woodlawn catering hall, that were organized by Burns and other officials. But he said he did not know the money counted as a political contribution.

"It appeared to be some kind of fundraiser," he said, but "we haven't made ... contributions to any campaign."

In another case, Cecil County Sheriff Barry A. Janney Sr., a Republican, attended an annual banquet and dinner at the Immaculate Conception Church in Elkton, near the Delaware border. He put in for the raffle, a staple at such events, and won a $2,000 cash prize.

When the time came to cut the check, Janney asked that it go to his campaign. The church obliged.