Experts say churches helping MAGA group turn out GOP voters 'most likely violated tax law'

31 October 2024

Churches helping a far-right group get predominantly Republican voters to the polls may be in violation of federal tax laws, according to several experts.

NBC News reported that Turning Point USA (TPUSA) — an Arizona-based group founded by MAGA activist Charlie Kirk — is primarily depending on churches to get out the vote for former President Donald Trump in Tuesday's election. And while churches have traditionally been an important tool for both major parties to spread awareness about upcoming elections, Kirk's clergy partners are engaging in explicitly partisan activity. This risks those churches losing their tax-exempt status with the IRS.

At Restoration Hope Church in Lake Havasu City, Arizona, Pastor David Rose recently allowed TPUSA to host one of its "Super Chase" events. These events involve training members of congregations on "ballot-chasing" apps that pinpoint likely Republican voters for them to target in phone-banking and door-knocking efforts. Likewise, the training sessions train participants to avoid reaching out to members of the "wrong party," meaning Democrats.

Rose insisted that the "Super Chase" session was "not an event hosted by our church nor was it a church related event," though NBC reported that it still "most likely violated tax law." The network reported that Rose was seen posing next to signs that read "Commie Kamala" and Trump's catchphrase, "Make America Great Again."

"It is common for churches to allow other organizations to use their facilities outside of church related events," Rose said.

But some tax law experts told NBC that Rose and other churches that have hosted "Super Chase" events — including in Georgia, Michigan, Nevada, North Carolina and Wisconsin — are likely in violation of the Johnson Amendment. That's the 1954 federal law prohibiting tax-exempt organizations from participating in partisan politics.

University of Pittsburgh law professor Philip Hackney, who is also a former IRS employee, told the network that TPUSA's partisan political activity at churches "is at a different level than anything I’ve seen before," particularly given the group's documented ties to both the Trump campaign and the Republican National Committee.

“The Republican Party, in effect,” Hackney said, “is explicitly using churches through this system in order to get out the vote.”

Notre Dame law professor Lloyd Mayer agreed that Kirk and TPUSA's congregational partners were risking losing their tax-exempt status given their blatantly pro-Republican electioneering. This is despite TPUSA insisting that the "Super Chase" events are perfectly legal.

“They can’t favor a particular candidate or, by implication, a group of candidates, like Republicans versus Democrats,” Mayer said. “This effort is obviously favoring getting out voters who will favor the Republican candidates.”

Click here to read NBC's report in its entirety.

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