Can Texas churches endorse candidates or post political signs? What the law says
Churches, temples, mosques and other houses of worship are important spaces for many Texans. This election season, many of those organizations across Texas will be used as polling locations in the Nov. 5 general election.
It might make you wonder: Can churches legally endorse candidates or encourage congregations to support a certain political party?
Here’s what churches can and can’t do around campaigns, according to Texas and federal law.
Are Texas churches allowed to make political statements?
For almost 70 years, federal law has prohibited churches (non-profit organizations) from directly participating in political campaigns, or else the churches risk losing their tax-exempt status.
The 1954 law specifically says organizations “may not participate in, or intervene in (including the publishing or distributing of statements), any political campaign on behalf of any candidate for public office.”
However, lobbying for certain causes or laws is not entirely prohibited by this restriction — it just has limits.
Churches can weigh in on issues like gun rights and legislative activities as long as time spent on the issue doesn’t make up a “substantial part” of their role as an organization, according to the IRS.
Can churches oppose political candidates?
Though churches have the right to express their opinions on political matters, the IRS says they must exercise caution to ensure they aren’t endorsing or opposing candidates whose campaigns are centered around such topics.
In 1987, Congress changed the law’s wording to make it clear that remarks about opposing candidates are also prohibited.
So if a candidate visits a church and is running on a gun rights platform, leaders can’t tell the congregation to vote for them or their platform.
“501(c)(3) organizations must avoid any issue advocacy that functions as political campaign intervention,” the IRS writes.
Can pastors endorse candidates?
Religious leaders are permitted under federal law to express their opinions on political matters and candidates in their capacity as private citizens, but not on behalf of their churches or at events hosted by the churches.
Churches and other nonprofit organizations are permitted to conduct candidate forums, debates or presentations as long as they provide equal opportunity for all candidates to speak to their members.
But while these guidelines exist, they can be challenging to implement. Some religious leaders oppose those guidelines, claiming they limit their First Amendment rights.
According to a Texas Tribune and ProPublica investigation from 2022, the IRS rarely takes action against churches that openly support political candidates.
Can Texas churches that are polling places post campaign signs?
Out of the 51 early voting locations in Tarrant County for the Nov. 5 election, only three are located at or near a church. But on Election Day, many voting locations are at houses of worship.
Churches used as polling places are subject to the same regulations as other polling locations: Political statements cannot be displayed within the building or within 100 feet of the entrance.
Texas law says doing so would be seen as electioneering, which includes the posting, use or distribution of political signs or literature at a polling place during a voting period.
Electioneering offenses are punished with a Class C misdemeanor.
