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There's one additional candidacy reference:
"I have made a solemn pledge that I will sign a universal health care bill into law by the end of my first term as president that will cover every American and cut the cost of a typical family's premiums by up to $2500 a year. That's not simply a matter of policy or ideology – it's a moral commitment."

I suppose one could say he's talking about his presidency, not candidacy. :^)

Regarding the tables, I wonder if they had to get some sort of permit, and whether that would have been obtained independently. The UCC might not be legally responsible, but I would find it difficult to believe the Obama supporters would have refused to leave if asked by UCC officials.

His speech was also an example of what is legal, but often not recognized as such-mostly as a component of partisan sniping. He made frequent reference to legislation and issue advocacy. These can count towards "Substantial Lobbying Activity", but this specific incident would not likely put the UCC over the threshold. I mention this because I've seen several cases of people getting upset over single incidents of issue and legislative advocacy by churches with which they disagree.

Thank you, Ms. Rogers, for your thoughtful and thorough analysis of this matter. I am a UCC minister and, because the IRS ruled nearly 50 years ago that the national tax-exemption provided an umbrella exemption for all UCC congregations, this case has some potentially widespread ramifications.

My personal opinion is that the UCC should have withdrawn the invitation to speak as soon as Mr. Obama declared his candidacy to avoid any misunderstanding. But it was not, so we have some questions to answer.

I am also curious about who filed the complaint or called the event to the attention of the IRS. Americans United has posted a statement saying it wasn't them, and that they do not think a violation occurred.

You should have actually read the complaint before commenting with such detail on something you know so little about. Read the complaint here:

http://www.ucctruths.com/irs.pdf

You can also get some commentary here:

http://www.ucctruths.com/

Melissa: why didn't you actually base this on the IRS guidelines on candidate speakers?????

http://www.irs.gov/charities/charitable/article/0,,id=163397,00.html

Would that have ben more accurate than your generic 5013c response?

I can write comments on my own blog now -- hurray! Since I wrote the post, a few more materials have come out that touch on the issue of electioneering by the Obama campaign outside the Hartford Civic Center. I thought I would add them to the mix.

As suggested above, I think the focus here should be on who owned and controlled access to and use of that property. If it was/is the government, not the UCC, then I would not ascribe to the UCC any duty to take action with respect to activities on the property.

NPR ran a story earlier this week that includes the following quote from a spokesperson for the UCC church: "Since [the gathering of campaign workers] took place on a public space, a public sidewalk, it was determined by the City of Hartford that the UCC did not have control over that space." (http://www.npr.org/templates/story/story.php?storyId=75035288)

I also would like to flag something the mayor of Hartford, Eddie Perez, said in a statement on this matter:

"[T]he idea that the IRS would object to individuals handing out political flyers on city sidewalks and other public areas is disturbing. As the Capital City of Connecticut, Hartford is a venue for many important debates and discussions about the issues facing our city, state and country. The idea that the IRS would attempt to use protected political speech as a basis for revoking a church's non-profit status is offensive."

(The statement is here: http://www.hartford.gov/news/PR022708.pdf)

I don't agree with all Mayor Perez said in this statement. But if he is characterizing the nature of the property and speech properly, then it seems to me he is correct to raise this issue.

One other initial reaction. If this is indeed government property, wouldn't it be strange (at least) if the IRS were to suggest that the UCC should have attempted to control access to and the use of such property? After all, in 1982, the U.S. Supreme Court said: "The Framers did not set up a system of government in which important, discretionary governmental powers would be delegated to or shared with religious institutions." (The case is here: http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=us&vol=459&invol=116)

Response to Drew: If you will follow the link, you will see that I copied and pasted the list of factors from the IRS guidance (Fact Sheet 2006-17) regarding candidates speaking in a "non-candidate capacity." These factors were slightly reworded (without substantive change) and then made part of Revenue Ruling 2007-41 (see here: http://www.irs.gov/pub/irs-tege/rr2007-41.pdf). The guidance you cite in your comment is similar as far as it goes, but it does not list all the factors that are listed in these other two documents. Revenue rulings are the "official interpretation of the Internal Revenue laws, related statutes, tax treaties, and regulations . . . " (See Rev. Pro. 78-24; see also http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=US&vol=490&invol=680 ) Thus, the longer list of factors -- the one that appears in the fact sheet and the revenue ruling -- is a more authoritative list than the one you cite. Further, the fact sheet that I quoted is also cited in the complaint that is now posted on the "ucctruths" website.

Regarding that complaint, it mentions only one other relevant allegation that is not mentioned in this post. That is, it alleges that the UCC mentioned Obama's candidacy on its website before Obama gave the speech. The links to this information appear to be broken, so I cannot verify them or see them in context. As I said in the post, I don't believe it would be problematic for a 501(c)(3) to mention the candidacy in the course of explaining why the candidate was not invited to speak in that capacity. If the organization mentions it in other contexts, then that would be inappropriate. But, even assuming that the UCC did that, it appears to have said a number of other times that Obama was not invited in his capacity as a candidate. And, of course, the UCC says that the invitation was actually extended to Obama before he became a candidate for president. Further, even assuming this particular allegation from the complaint is true, the IRS says it considers all the "facts and circumstances," and it appears that the UCC took a number of affirmative steps to prevent electioneering from happening (as described in the post).

I do not find the other things mentioned in the complaint (but not discussed in my post) to be relevant to the IRS analysis. For example, while the complaint suggests otherwise, the UCC cannot control how its events are covered by the media. Further, the reports mentioned in the complaint appear to be mostly general observations that the UCC meeting seemed "political" to some. Indeed, the complaint raised my eyebrows when it quoted just a part of a sentence from a media report (I am referring to the citation of the following media report in the complaint: http://www.wtnh.com/Global/story.asp?S=6700799&nav=menu29_2 ). Referring to the UCC meeting, the complaint cites this phrase from the media report: "At times it certainly had the feel of a political convention". Here's the full sentence from the media report: "At times it certainly had the feel of a political convention, especially following the church's pastoral letter condemning the war and urging the end." To be fair, the complaint should have at least quoted the full sentence. As a 501(c)(3), the UCC may not electioneer, but it has the right to speak out otherwise on political issues.

Another article cited in the complaint, the one from The Christian Century (http://www.christiancentury.org/article.lasso?id=3518), focuses not only on the Obama speech but also on other speakers and aspects of the meeting. (Indeed, the church says that there were 60 speakers total at the meeting http://blogs.courant.com/capitol_watch/2008/02/irs-threatens-c.html). It includes this quote from speaker Bill Moyers: "They say your church is dying," said Moyers on June 23. "And lame, and limp. But it is a small, committed community of people of conscience who can turn this country around." Again, I don't think the UCC can he held responsible for the tone of the meeting as it was perceived by some in the media, and even a "political" tone is not problematic; a 501(c)(3) meeting that involves electioneering is something much more specific, and that's where we should focus our analysis.

FYI: Now that I've had a breakthrough with my ability to post comments, I've posted my response to Drew as a comment (see above) and removed it from the blog post.

Melissa, at least you are transparent about your bias on this. You conveniently ignored this link, which is not broken, that makes it clear that the Obama campaign was using the speech to promote his candidacy:

http://www.ucc.org/news/aide-obamas-synod-speech.html

~~~
Joshua DuBois, the Obama campaign's director of religious affairs, said the senator's Synod speech on Saturday will be his first major address on faith and politics as a presidential candidate.

The address, DuBois said, will combine personal details about Obama's religious experiences with prescriptions for how religious Americans might put their faith into action.

It will also focus on "the growing movement of people of faith" from a variety of traditions, "coming together around our connections as a people and using those connections to address our common challenges," DuBois said.

Shaun Casey, an adviser to the Obama campaign and a professor of ethics at Wesley Theological Seminary in Washington, D.C., said he expects the address to be "as detailed an account of how a person's faith shapes his policies as I have seen from any presidential candidate."
~~~

Now, I suppose you will tap dance around this by claiming that this was the campaign's doing, not the church. However, as Barry Lynn and others have rightly claimed, even if the candidate breaks these rules, it is the church that is responsible.

One last point. You say "I don't believe it would be problematic for a 501(c)(3) to mention the candidacy in the course of explaining why the candidate was not invited to speak in that capacity."

This is not accurate and it's the single most important point in the complaint. The guidelines are pretty clear: "Neither the individual nor any representative of the church makes any mention of his or her candidacy or the election".

It would have been fine for the UCC to promote Obama as a Senator since that is his title but there was no need to advertise his candidacy. You may not like it and you may find it ridgid, but it is clear and specific.

Drew, I could not get that link in the complaint to work earlier. I have made every effort to conduct this discussion in a way that assumes that you are operating in good faith. I ask you to do the same.

Here are a few responses to your comments.

* Now that I can see the item you reference, I would say that it was inappropriate for the UCC to post this RNS news story on its website. (And that simply applies the standard I noted in my earlier comment, by the way.) The UCC did not reference the Obama candidacy themselves in this story, but it appears that they did post the story and captioned it in a way that referenced Obama's candidacy. Unless I am missing something here, and I cannot imagine what it would be, then that was inappropriate. On the other hand, the IRS looks at all the "facts and circumstances," of which this is only one. I'm not going to rehash other facts and circumstances -- see the above post and comments. This should be put in context.

* Yes, this IRS factor is absolute on its face. It says, "Neither the individual nor any representative of the organization makes any mention of his or her candidacy or the election." I've simply argued that I don't think that factor should be read in such an absolutist fashion when a 501(c)(3) makes a quick reference to a speaker's candidacy in the context of noting that the invitation was not extended to the person in that capacity. It appears that no one at the UCC did this kind of thing in connection with this RNS story, so my suggested reading of this factor seems irrelevant in this circumstance.

* I never have and I never would suggest that an organization should not control its own website. It certainly should.

* It is the 501(c)(3) organization, not the candidate, that is responsible for a violation of the rules. That is why it is so important for 501(c)(3)s to pay attention to the rules and not let candidates tell them what the rules are. I have simply argued that the rules ought to be read in terms of what the 501(c)(3) can reasonably control. Again, see above for a discussion of this matter.

Our pastor atttended the conference in Hartford. He noted that in addition to Sen. Obama, speakers included Lynne Redgrave and Bill Moyers. He noted the Senator’s remarks did not concern politics.

He did state there were some campaign tables but they were well outside the conference facilities and were on public sidewalks.

This would all seem to be well outside the IRS scrutiny.

As tax time does draw near for many Americans, these controversies are also reminiscent of Christ's Tax Return itself as noted by that First Century CPA Saint Matthew, in The Gospel According to Saint Matthew 17:24-27 .

'... "What do you think, Simon?" he asked. "From whom do the kings of the earth collect duty and taxes - ”from their own sons or from others?"

"From others," Peter answered.'

Peter and Jesus had to go fishing for their tax money.

Maybe this time it is the IRS which has nothing to do but fish.

:-)

Robert,

I've read the transcript. If your pastor said it did not concern politics, I conclude that he must have dozed off. Politics and faith was pretty much the whole point. Maybe he ate too many cookies.

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