Current as of May 2004
This document has been written to address frequently asked questions concerning Archdiocesan procedure on election issues that have arisen in parishes since the 2004 primary election. These questions may occur again in subsequent elections.
The following is a summary of information contained in three documents (1) Political Activity Guidelines for Catholic Organizations from the USCCB (March 15, 2004) (2) Ball, Murren, & Connell's Political Campaign Activities Letter to the Pennsylvania Catholic Conference (May 8, 2002), and (3) The Archdiocesan Guidelines Governing the Use of Archdiocesan and Parish Facilities (June 5, 2000). If so inclined the complete USCCB document is found at the following web address: www.usccb.org/ogc/guidelines. Should any other specific questions or cases arise that are not covered in this document please do not hesitate to contact either the Office for Communications or the Respect Life Office.
(1) Campaign Materials: Catholic organizations may not distribute voter education or other campaign materials prepared by any candidate, political party or Political Action Committees (PAC).
(2) Collecting Signatures for Ballot Access: Catholic organizations may not collect signatures on an election ballot or encourage voters to sign petitions to enable any candidate to appear. Even if all candidates are treated equally, this activity directly furthers the political candidacies of the individuals involved.
(3) Educating Voters: During election campaigns, Catholic organizations may educate voters about the issues. In addition, they may educate voters about candidates' positions on the issues through such activities as sponsorship of candidate forums and distribution of voter education materials, e.g., incumbents' voting records or results of candidate polls or questionnaires. Such activities, if unbiased in content, structure, format, and context, do not violate the political campaign activity prohibition.
(4) Financial Support: A Catholic organization may not provide or solicit financial support, including even market-rate loans and loan guarantees, for or on behalf of any candidate, political party, or PAC. [See: TAM 9812001 (August 21, 1996 –– issued March 20, 1998).] A Catholic organization should not conduct fundraising events or activities, or otherwise solicit funds, for or on behalf of any candidate, political party, or PAC. Likewise, a Catholic organization should not permit fundraising for or on behalf of any candidate, political party, or PAC at any sponsored event.
(5) Internet Activities: Many Catholic organizations maintain web sites and utilize e-mail for communicating with members, parishioners and the general public. The political campaign activity prohibition and these guidelines apply with equal force to Catholic organization web sites and e-mail communications. Thus, a communication or activity that would constitute a violation of the political campaign activity prohibition does not lose that characterization because it occurs on a web site or via e-mail.
(6) Parking Lots: The parking lots of most Catholic churches and other Catholic organizations are classified as private property. They do not qualify as public forums to which First Amendment free speech protections attach. Although there are court cases ruling that parking lots are public forums, these cases apply to the parking lots adjacent to commercial venues, such as shopping malls. Church parking lots are easily distinguished, in terms of purpose, use and access, from commercial parking lots, community shopping centers and malls. As such, Catholic organizations generally have the right to regulate access to their parking lots, including access for political leafleting. [See, e.g., Robins v. Pruneyard Shopping Center, 23 Cal.3d 899, 592 P.2d 341 (1979), aff''d, 100 S.Ct. 2035 (1980); New Jersey Coalition Against War in Middle East v. J.M.B. Realty, 650 A.2d 757 (1994), cert. denied, Short Hills Associates v. New Jersey Coalition Against War in Middle East, 516 U.S. 812 (1995).]
(7) Pulpit & Church Appearances: Appearances by candidates in the pulpit or at other worship services are governed by the same rules applicable to appearances at Church events. Thus, if an individual is invited to appear in a candidate capacity, equal access must be provided to other candidates for the same office. On the other hand, if the candidate is invited to appear in a non- candidate capacity, it is not necessary to provide equal access to other candidates. Non- candidate capacity means NO acknowledgment whatsoever is made that the politician being asked to speak is in the running for public office. [See Archdiocese of Philadelphia Guidelines Governing the Use of Archdiocesan and Parish Facilities #s 6, 7 & 8.] Archdiocesan policy stresses that elected officials and other public figures whose previous personal conduct, voting record or public statements are contrary to the teachings of the Church shall not be given an award or honor from a parish or archdiocesan entity. [See Archdiocese of Philadelphia Guidelines Governing the Use of Archdiocesan and Parish Facilities #9.]
(8) Rating Candidates: The rating of candidates for character, experience and professional ability, even on a non-partisan basis, violates the political campaign activity prohibition. The rating of candidates based on their agreement with a Catholic organization's positions or the labeling of candidates as pro-life or anti-family or by using symbols or signs, likewise violates the political campaign activity prohibition. [See: G.C.M. 39441 (September 28, 1985); Association of the Bar of the City of New York v. Commissioner, 858 F.2d 876 (2d Cir. 1988), cert. denied, 109 S.Ct. 1768 (1989).]
(9) Signs on Church Property: Political signs should not be placed on property owned by Catholic organizations or rented by Catholic organizations for official business. Section 501(c)(3) does not prohibit the placement of political signs on the personally-owned property of Church officials or employees. Parishes that are employed as polling places on election day may permit limited campaign leafleting and/or signage according to local election rules but should not be attributed to the Catholic parish or organization.
(10) Voter Guides / Candidate Questionnaires: Polling candidates or asking candidates to complete questionnaires designed to elicit their positions on various issues is a neutral activity, assuming that the questions themselves do not exhibit bias. It is only when the results are disseminated during an election campaign that the political campaign activity prohibition becomes a potential issue. IRS has identified the following criteria for determining whether publication or distribution of candidate questionnaire results violates the political campaign activity prohibition: (a) whether the questionnaire is sent to all candidates; (b) whether all responses are published; (c) whether the questions indicate bias toward the sponsoring organization's preferred answer; (d) whether the responses are compared to the sponsoring organization's positions on the issues; (e) whether the responses are published as received, without editing by the sponsoring organization; and (f) whether a wide range of issues is covered. The range of issues criterion is contextual –– it depends on the particular office being sought. Thus, candidates for local school board need not be queried on foreign policy. Rather, they can be questioned on a broad range of education issues relevant to school board office. [See: Election Year Issues at 371-2; Rev. Rul. 78-248, 1978-1 C.B. 154, Situation 4.]
(11) Outside Voter Guides: Catholic organizations should be wary of outside groups seeking to distribute their "voter education" materials. Outside voter education materials should be approached with extreme caution, including materials accompanied by outside legal opinions. Among other things, the issues covered in outside voter education materials typically do not illustrate the wide range of issues of importance to the Church, but rather reflect the issue focus of the preparing organization. In addition, their preparation, content, format and presentation may not satisfy the requirements of section 501(c)(3) applicable to Catholic organizations. Often, the organizations preparing these voter education materials are not section 501(c)(3) organizations, and thus are not subject to the political campaign activity prohibition.
The Pennsylvania Catholic Conference position, based on the legal advice of attorneys Ball, Murren, and Connell, state that single-issue questionnaires are NOT to be used. This includes questionnaires containing several different questions on one issue or related issues.
Acceptable voter guides follow the criteria below:
1. Cover a wide range of topics of interest to voters.
2. Questions listed as they appeared in the questionnaire.
3. Lists candidates in alphabetical order.
4. Do NOT identify the incumbents.
5. Do NOT make editorial comments regarding candidates or their responses.
6. Do NOT edit candidates comments.
7. Do NOT include candidate comments selectively so as to disadvantage any candidate.
8. State the educational purpose of the questionnaire (or guide).
9. Disclaim intent to endorse or oppose candidates.