Guide to Church Involvement in Ballot Gathering

Robert Tyler, Partner

August 28, 2024

The Role of Churches in Modern Elections

Ballot gathering by churches could be the key to success in positively impacting elections affecting Biblical issues.

Pew Research recently found that 31% of California residents attend one religious service per week. It’s safe to also assume that at least 31% of registered California voters attend one religious service each week. That equates to 6.8 million voters sitting in church pews or other services each week. Imagine if all of these registered California voters cast their votes. Here’s the impact: With only 7.7 million registered voters actually voting in the March 2024 California Primary, 6.8 million church attendees would have a clear and overwhelming voice in California elections.

Why is this important? Freedom of religion is at stake. Christianity is under attack by the progressive, secular lawmakers we have allowed to be elected over the years. Christian values and morals have been pushed out of schools and the public square and replaced by a culture of sexual confusion and hopelessness.

Understanding the Johnson Amendment

Under the Johnson Amendment, tax-exempt entities are  instructed to not “participate in or intervene in (including the publishing or distributing of statements), any political campaign on behalf of any candidate for public office.” It is our position that the Johnson Amendment should be held unconstitutional at some point in the future.

However, even though churches are technically prohibited from supporting or opposing a candidate’s campaign, candidates may be introduced at a church service or may preach or read Scripture or discuss matters of public concern. In addition, churches and pastors can freely engage in non-partisan election related activities, including ballot gathering.

By understanding the lawful means to participate in elections, you can make a tremendous difference in government and public policy by helping members of your congregation become informed, responsible citizens for Biblical truth.

We encourage you to provide your congregants a theological worldview on all subjects facing society today. The law allows you to speak from the pulpit about social and moral issues like the actions of government officials in office, the positions of candidates on issues like budgeting, homelessness, immigration, taxes, marriage, drugs, crime, abortion, gender, and sexuality.

Churches may also host Biblical voter forums that include candidates or elected officials as long as the forums are done in a non-partisan manner.

Legal Activities for Churches During Election Season

Below are examples of lawful election activities your church can organize and participate in:

  1. Begin by discussing from the pulpit the current political and cultural issues that are Biblical concerns of the church.
  2. Educate your congregation about the ideological and Biblical differences between the major political party platforms.
  3. Explain Christians’ biblical responsibility to vote and set up a voter registration table at your church.
  4. When election season comes, your church can hold a Biblical election forum to discuss ballot measures, propositions, and candidates from a theological world view.
    1. Invite your congregation to bring their mail-in ballots and fill them out together at the church.
    2. Ask them to invite their friends and family to church.
    3. Appoint a member of your congregation to organize and gather information on your behalf.
  5. Ballot Gathering:
    1. The church can then collect or “gather” the ballots and follow all applicable election requirements in its local jurisdiction pertaining to ballot gathering. We recommend you visit Real Impact (realimpact.us) for more information on this process. If you would like additional information or guidance, please do not hesitate to contact our office.
  6. Encourage your congregation to participate as election observers/poll watchers through an organization like EIPCA (Eip-ca.org)

TylerLaw, LLP provides legal and financial support to our non-profit law firm, Advocates for Faith & Freedom, in defense of religious liberty.

Please feel free to contact our office at 951-304-7583 or visit our websites at www.TylerLawLLP.Com or www.faith-freedom.com for more information about voting with a theological worldview and help with organizing voter registration and election events at your church.

This letter is intended to provide general legal information and is not intended to be an offer of representation. You should seek legal advice pertaining to your individual circumstances and how state and federal law apply to your individual circumstances.

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