A national organization is calling foul play after the largest church in New Mexico made headlines for handing out sample ballots with certain candidates highlighted.Americans United for Separation of Church and State, which is a Washington, D.C. based group, was compelled to speak after hearing about Legacy Church handing out the highlighted ballots.The organization said churches can speak out on issues but not endorse candidates.“The law does state that there is a prohibition on endorsing or opposing candidates. It seems to me that this particular church has clearly stepped over that line,” policy analyst Robert Boston said.Legacy Church pastor Steve Smothermon has not returned calls from Action 7 News about the story. Smothermon addressed the story during a sermon this week which was posted on the church’s website.“They said we were passing them out like we were standing at the door saying, ’Take one of those. Take one of those.’ You had to go get one. They didn't say out of thousands of people only a couple of hundred took them,” Smothermon said.One of the names highlighted was sheriff candidate James Scott Baird. According to Baird’s campaign website, he is a member of Legacy Church and serves as the treasurer of the church’s board of directors.Boston said there are many problems when churches step over political lines.“One is a legal problem. The IRS does have the power to sanction churches that engage in partisan politics by endorsing or opposing candidates. The IRS can actually strip the churches of the tax exempt status,” he said.While rare, the organization said it has happened in the past.The IRS said it cannot confirm if there is an ongoing investigation into any church.Calls for comment to Scott Baird were not returned.

A national organization is calling foul play after the largest church in New Mexico made headlines for handing out sample ballots with certain candidates highlighted.



Americans United for Separation of Church and State, which is a Washington, D.C. based group, was compelled to speak after hearing about Legacy Church handing out the highlighted ballots.




The organization said churches can speak out on issues but not endorse candidates.



“The law does state that there is a prohibition on endorsing or opposing candidates. It seems to me that this particular church has clearly stepped over that line,” policy analyst Robert Boston said.



Legacy Church pastor Steve Smothermon has not returned calls from Action 7 News about the story. Smothermon addressed the story during a sermon this week which was posted on the church’s website.



“They said we were passing them out like we were standing at the door saying, ’Take one of those. Take one of those.’ You had to go get one. They didn't say out of thousands of people only a couple of hundred took them,” Smothermon said.



One of the names highlighted was sheriff candidate James Scott Baird. According to Baird’s campaign website, he is a member of Legacy Church and serves as the treasurer of the church’s board of directors.



Boston said there are many problems when churches step over political lines.



“One is a legal problem. The IRS does have the power to sanction churches that engage in partisan politics by endorsing or opposing candidates. The IRS can actually strip the churches of the tax exempt status,” he said.



While rare, the organization said it has happened in the past.



The IRS said it cannot confirm if there is an ongoing investigation into any church.



Calls for comment to Scott Baird were not returned.