Is it legal for Kansas churches to have ‘vote yes’ signs outside if they’re polling sites?
Although many prefer a strict line between church and state, some religious institutions have a vested interest in the political battle over the right to abortion in Kansas and have taken active roles in the campaign to support—and in some cases oppose—the upcoming amendment.
Kansans will be voting on an amendment to the state constitution that would remove the right to abortion.
With Election Day right around the corner on Aug. 2, some Kansans may be discussing their concerns about abortion rights in small groups or on social media, but others are using their church as platforms to influence the vote toward ‘yes’ or ‘no.’
Ascension Catholic Church and other churches throughout Kansas have openly advocated for the passage of the abortion amendment, encouraging members to vote ‘yes,’ and the Catholic Church has been one of the biggest funders for the vote-yes campaign supporting the amendment.
BEHIND THE STORY
MOREYour quick guide to the Kansas abortion amendment
The Kansas state constitution currently protects the right to abortion, but the upcoming Aug. 2 vote will ask voters to decide on an amendment that would get rid of that right.
If Kansans vote yes on the ballot and the amendment passes, the legislature will have the opportunity to impose new restrictions on abortion, which could include banning the procedure. A ban would not go in place immediately, but legislators would be able to pass one. Earlier this year, a state legislator introduced a bill that would have banned and criminalized nearly all abortions, but it never got a hearing and died once the legislative session closed in May.
If Kansans vote no and the amendment does not pass, the legislature would continue to be barred from passing most legislation that impedes on an individual’s access to abortion. Any new abortion restrictions would need to clear an extremely high level of “strict scrutiny” from the court to become law. Current abortion restrictions could be challenged in court, but any actual changes to the current restrictions would depend on Kansas courts ruling that the regulation in question violates the state’s constitution.
All registered voters can participate in the vote, regardless of party affiliation.
The Star answered the most common reader questions we received about the abortion amendment here.
ARE CHURCHES AND NONPROFITS LEGALLY ALLOWED TO POST ‘VOTE YES’ OR ‘VOTE NO’ SIGNS ON THEIR GROUNDS?
Although nonprofits, including churches, are not supposed to engage in political campaigning, they are allowed to lobby for issues, according to Terry Mosteller, who is the founding attorney at Mission Counsel, a law firm that specializes in helping nonprofits.
It would be a violation of their 501(c)(3) status if a church or nonprofit, like Ascension, had a sign that was endorsing a candidate for governor or mayor, but since the upcoming vote doesn’t involve a candidate nonprofits can have yard signs and other campaigning tools without being in violation of their nonprofit status.
If a nonprofit does contribute a substantial amount of time, money and resources to a certain issue or topic, the IRS can revoke their nonprofit status, but Mosteller said that rarely happens and can be difficult to prove. The Star recently published a special report on how the Catholic Church in Kansas is pushing for the amendment.
DO CHURCHES THAT ARE POLLING PLACES NEED TO TAKE DOWN THEIR SIGNS BEFORE ELECTION DAY?
Many churches in Kansas double as polling places. In Johnson County, 92 out of 146 polling places are churches, according to the Shawnee Mission Post. In Sedgwick County 54 out of 82 polling places are churches, the Wichita Eagle reported.
On Election Day, those churches that act as polling places will have to remove any amendment vote campaign signs or banners that are within 250 feet of the entrances.
According to state law, it is illegal to “electioneer” or campaign within the building or within 250 feet of the entrance of a polling place or advanced voting site in Kansas.
Examples of electioneering include any labels, signs, stickers or materials that attempt to persuade voters to vote a certain way on Election Day.
Because of this, churches that are currently engaging in “vote yes” or “vote no” campaigns will need to remove any signage or materials within 250 feet of the door if they are a polling site.
Technically, churches can still line the streets or sidewalks with signs, if the signage is 250 feet away from the polling place. If not, the signs will be removed by election officials.
Do you have more questions? Email us at kcq@kcstar.com.
This story was originally published July 28, 2022 at 3:40 PM.
