Churches and Elections – What Is the Law?

Legal Guidance for Pastors & Churches
Understanding what churches and pastors may—and may not—do when it comes to elections, civic engagement, and faithfully equipping believers.

LIBERTY LEGAL INSTITUTE

Many churches and pastors feel called by Scripture to “equip the saints” to represent Christ in all areas of society — including the voting booth.

Pastors should be supported in their goal of helping their members be good stewards in representing Christ in their civic duties. This is especially important in light of the fact that only 1 out of every 4 Christians in America is voting.

Unfortunately, many churches and pastors have been given false information in an attempt to intimidate them from acting as pastors and impacting their culture for Christ. The law is actually very supportive of pastors and churches in fulfilling their mission to equip the saints.

Even as a non‑profit corporation, there is very little a church may not do.

Churches May Not:

  • Endorse or oppose a particular candidate
  • Contribute to or raise money for a candidate (including free use of church lists)

Churches May Do:

  • Register their members as voters
  • Distribute voter guides
  • Invite all candidates in a race to speak (acceptable even if only one appears)
  • Speak directly about specific issues and legislation (abortion, marriage, etc.)

Individually, a pastor may do whatever he feels led to do — including endorsing candidates or supporting a member’s campaign. There are no limitations on pastors acting as individuals.

The few limitations that exist apply only to the church entity and only when the church is organized as a non‑profit corporation.

Pastors should not be intimidated from acting as pastors — calling their people to vote and equipping them with information so they can best represent Christ in the voting booth.

Liberty Legal Institute is the state legal group in Texas associated with Focus on the Family. It protects churches and religious freedoms free of charge.

H.R. 235, the “Houses of Worship Free Speech Restoration Act”, is currently pending in Congress. This legislation would amend the IRS Code of 1986 to restore the ability of churches and other houses of worship to freely participate in political campaigns.