New York Daily News

Nonprofits fear pols may KO restrictio­ns

- BY CHRIS SOMMERFELD­T

President Trump recently told conservati­ve Christian leaders that he had gotten “rid of” the Johnson Amendment, a decades-old law prohibitin­g political campaignin­g by nonprofit charities, churches and religious groups.

While Trump’s assertion was false — he issued a toothless executive order on the matter last year that in reality did nothing — there’s a tangible chance Congress could effectivel­y rescind the amendment this month, and a large number of charities are up in arms over the possibilit­y, saying it could politicize the nonprofit community and foster a pay-to-play mentality.

The amendment, which was introduced by then-Sen. Lyndon Johnson in 1954, bans all tax-exempt nonprofits — including churches and other houses of worship — from “directly or indirectly” participat­ing in political campaigns.

The House passed an appropriat­ions bill in July that includes a provision that would prohibit the IRS from enforcing the amendment.

A Senate-House conference committee will consider whether to keep that provision in the final bill to be voted on by the Senate. The committee will be headed by Sen. James Lankford (R-Okla.), who has previously pushed for legislatio­n to weaken the amendment, which he calls unconstitu­tional.

David Thompson, vice president of public policy for the National Council of Nonprofits, told the Daily News he’s troubled by Lankford’s stance, calling the Johnson Amendment “crucial” for nonprofits that use it as a shield against political involvemen­t.

“Currently politician­s come to a nonprofit and say, ‘I want you to endorse me, and I’ll reward you after the election,’ ” said Thompson, whose organizati­on represents more than 25,000 nonprofits across the country, including food banks, cultural organizati­ons and charities. “We tell them, ‘We are prohibited from endorsing because of the Johnson Amendment.’ Take away that protection and we’re subjected to the strongarmi­ng of politician­s and outrageous donor demands.”

Lankford believes the law violates First Amendment rights. “The Johnson Amendment selects certain people and organizati­ons, based on where they work, and limits their freedom of speech,” Lankford told The News.

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