A group of New York City Rabbis have issued a letter stating it is a violation of Jewish law to vote for David Weprin, the Democrat running in Tuesday’s special election for the former seat of Congressman Anthony Weiner. Weprin, who is an Orthodox Jew, is running against Bob Turner, a Roman Catholic. The reason for the forty-plus Rabbis issuing the statement? Weprin voted for same-sex marriage and Turner opposes it.
The letter states that it is “therefore [forbidden according to Torah law] to vote for, campaign for, fund or otherwise support the campaign of NY State Assemblyman David Weprin.”
Obviously, this is a violation of IRS laws, which do not allow members of the clergy or religious organizations to publicly endorse, or campaign for or against any candidate if they are a tax-exempt religious organization.
Dr. Kalinda Rose Stevenson, who writes about religion, addressed a very similar issue in 2008.
“The real issue is the tax status of churches,” Dr. Stevenson writes. ”Pastors and churches are free to endorse any candidates they choose. However, if the churches claim non-profit tax status, IRS regulations prohibit endorsement of particular political candidates. The practical solution for those preachers who want to endorse particular political candidates is to surrender their tax exempt status.”
Stevenson also quotes directly from the IRS’s “Tax Guide for Churches and Religious Organizations,” which clearly states,
The political campaign activity prohibition is not intended to restrict free expression on political matters by leaders of churches or religious organizations speaking for themselves, as individuals. Nor are leaders prohibited from speaking about important issues of public policy. However, for their organizations to remain tax exempt under IRC section 501(c)(3), religious leaders cannot make partisan comments in official organization publications or at official church functions. To avoid potential attribution of their comments outside of church functions and publications, religious leaders who speak or write in their individual capacity are encouraged to clearly indicate that their comments are personal and not intended to represent the views of the organization.
Stevenson also quotes a piece in the Baltimore Sun (link no longer active):
Under the IRS code, places of worship can distribute voters guides, run nonpartisan voter registration drives and hold forums on issues, among other things. But they cannot endorse a candidate, and their political activity cannot be biased for or against a candidate, directly or indirectly – a sometimes murky line.
Murkey or not, when there are two horses in a race, you’re either for one or for the other. And by stating it is against the law of God to vote for Weprin, every single one of the Rabbis has violated the laws of the IRS and the religious institutions they represent should immediately be investigated by the IRS and disciplined accordingly, up to and including having their tax-exempt status taken away.
Tax Guide for Churches and Religious Organizations
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Actually they conform to IRS code. Whoever advised the Rabonim in how they framed the letter, knew exactly what they were doing. They sign their names to it as individuals. Underneath each name is the organization. However they put in a very clear disclaimer that the organization names are for identification only. In other words the organizations are not endorsing this stand-only the individuals-therefore there is no violation of the IRS Code.
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