SIOUX FALLS, S.D. (KELO) — Over the past several weeks in Sioux Falls, some in the community have noticed signs, specifically signs opposing Amendment G (a ballot initiative aimed at providing abortion access in South Dakota) on the properties of religious schools such as Sioux Falls Christian and those operated by the Catholic Diocese of Sioux Falls.
According to IRS regulations, nonprofits — including churches — are prohibited from engaging in any political activity on behalf of or in opposition to any candidate for public office. So how are these campaign signs allowed?
KELOLAND News spoke to Michael Wyland, a nonprofit consultant with Sumption & Wyland, about the matter. According to him, the crux of the issue comes down to the subject of the signs.
“You’re not allowed to get involved in partisan political activity,” Wyland said of nonprofits. “So endorsing a Democrat over a Republican, or opposing one candidate over another in an election is a no-no.”
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While supporting or opposing a partisan candidate is off limits, Wyland explained taking a position on a ballot measure is a different matter.
This is because ballot measures, though they may be supported, opposed or even sponsored by political groups, are not themselves partisan issues.
Essentially, Wyland conveyed that the taking of a position on a nonpartisan ballot measure by a nonprofit is legal. But beyond legality is the question of ethics.
“Arguably the biggest curb on violations of election law by nonprofit organizations or violations of any law by a nonprofit organization is the media,” Wyland said. “Public knowledge of something going on that may or may not be legal, ethical or appropriate often acts as a moderating influence or restraining influence on nonprofits to stop them from doing things that might harm their reputations.”
According to South Dakota law, cities must allow campaign signs to be placed on private property in residential, business, commercial or industrial zone adjacent to a transportation right-of-way by or with the permission of the property owner.
Wyland again confirmed the display of anti-Amendment G signs by groups such as the Catholic Diocese or Sioux Falls Christian are not violations of the law. He also argued that in this case, they may not be a violation of ethics either.
“The other consideration with this is that the subject matter of Amendment G is directly related to the tenants and beliefs of the Catholic Church,” Wyland said, pointing out that the Catholic Church has a long history of opposing abortion.
This ideological consistency, said Wyland, gives further credence to the idea of these groups declaring a position on Amendment G in a way that would not necessarily be upheld if they were to take a stand on other issues.
“If the same churches or other churches came out, say, on open primaries — that would be far more suspect because there’s really no religion that I’m familiar with that takes a doctrinal position on party election versus open primaries,” reasoned Wyland.
KELOLAND News reached out to both the Diocese of Sioux Falls and Sioux Falls Christian School for statements on their public stance regarding Amendment G, but did not receive a response.
The Diocese has made a statement within one of their own publications by way of an editorial by executive director of the South Dakota Catholic Conference Michael Pauley, titled: Call Amendment G by its proper name: “Evil”.
