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N.C. church fund-raiser for candidate sparks AU complaint to IRS

Church & State,  May 2002  

A Raleigh, N.C., church held a fund-- raiser for an incumbent sheriff seeking reelection March 24, leading Americans United to send an official complaint to the Internal Revenue Service.

Mount Peace Baptist Church announced the event in a March 4 mailing to the community. The letter, on church stationery signed by Pastor J. Vincent Terry Sr., invited people to "an appreciation program" for Sheriff John H. Baker, Jr. and stated, "Please help us to continue our support of Sheriff Baker in his reelection efforts."

Elsewhere the letter said, "All proceeds will be contributed to the Committee to re-elect Sheriff John H. Baker, Jr." The congregation also promoted the event on its website, noting that the church choir would "lead in worship through song for John Baker Day."

After the Raleigh News & Observer contacted the church to ask about the event, Terry insisted it would be above board. The pastor said there would be no collection for Baker but added, "If they are led to give after the service, they can."

An earlier News & Observer story had noted that Baker, a Democrat who has been sheriff of Wake County since 1978, has close ties to several churches in the area and has in the past collected money for his campaigns in those churches. Baker insists that the practice is legal and is part of his religious freedom rights.

AU disagrees. On March 25, Americans United asked the IRS to investigate the church's activities on behalf of Baker.

"Church sponsorship of a candidate fund-raising event would seem to be a clear violation of the Internal Revenue Code, which forbids non-profit groups, including houses of worship, from intervening in partisan campaigns, issuing statements in favor of candidates and raising money for candidates," wrote Americans United Executive Director Barry W. Lynn, to Steven T. Miller, director of the agency's Exempt Organizations Division.

Copyright Americans United for Separation of Church and State May 2002
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