« Providing access to voting is one thing but telling someone who they should vote for is political activity, » an expert said.
Democratic Former Virginia Governor Douglas Wilder said Vice President Kamala Harris’ video endorsement supporting Terry McAuliffe for governor could jeopardize the 501(3)(C) status of those Virginia churches showing it—and some legal experts agree. The taped campaign ad, which has been playing on Sundays in Black churches across the state, has Harris calling upon congregants to « raise your voice through your vote. » « [W]e were taught that it was our sacred responsibility to raise our voice and lift up the voices of our community. One of the most significant ways I believe we can raise our voice is through our vote so Virginians you have the opportunity now to raise your voice…, » said Harris in the video, noting that early voting is underway. « I believe my friend Terry McAuliffe is the leader that Virginia needs at this moment. » While it’s estimated that by November 2 the ad will have been played in upward of 300 churches, it has drawn ire from both Wilder and watchdog groups that advocate for the separation of church and state. « Well, it’s very good for her to do that, causing these churches to lose their tax-exempt status, » said the 90-year old Wilder in a Washington Examiner piece earlier this week. « If this is legal, then it’s surprising to me. » The only Black governor in the state’s history was referring to the Johnson Amendment, a federal law that keeps tax-exempt nonprofit groups—including houses of worship—from endorsing or opposing candidates for public office. Newsweek reached out to Wilder for comment. According to Foundation for Accountability and Civic Trust Executive Director Kendra Arnold, the vice president’s campaign video being played in churches is also a direct violation of IRS law. « Providing access to voting is one thing but telling someone who they should vote for is political activity, » Arnold told Newsweek.
