In January 2017, Senator James Lankford (R-OK) introduced this bill on the Senate side and Representatives Steve Scalise (R-LA) and Jody Hice (R-GA) introduced it on the House side. These bills are identical to a bill introduced last Congress in conjunction with Pulpit Freedom Sunday, an annual event during which certain groups try to persuade religious leaders to break federal law and endorse candidates for public office.
The bill does not fully repeal current law, but significantly undermines it. It would allow tax-exempt organizations—both houses of worship and secular nonprofits—to make statements endorsing or opposing candidates for public office so long as those statements are made in the ordinary course of carrying out their tax-exempt purpose and don’t incur more than de minimis incremental expenses. Although this might sound like a narrow exemption to current law, it is quite broad. For example, a house of worship could include an endorsement of a candidate in every sermon or Bible class, or any other activity that could serve another purpose other than just the endorsement. The houses of worship could also include an endorsement in its bulletins, newsletters, and other materials.