Vice President Kamala Harris appears to have violated US tax law by participating in a campaign ad for Terry McAuliffe's gubernatorial re-election bid that's being aired across churches in Virginia, starting from this past Sunday.
The ad's launch marked the first time in Virginia that voters were able to cast their early ballots on a Sunday, an event dubbed 'Souls to the Polls.'
Between October 17 and November 2 Harris' ad is playing at more than 300 black churches across the state.
Critics point out that the advertisement's explicit targeting of churches appears to run afoul of Internal Revenue Service guidelines aimed at ensuring political neutrality in non-taxed organizations.
The Johnson Amendment, proposed by then-Senator Lyndon B. Johnson, prohibits tax-exempt groups classified in US tax code as 501(c)(3) organizations from 'engaging in any political campaign activity.'
That means churches and other non-profits risk losing their tax-exempt status if they actively promote a candidate or mobilize volunteers or others in support of a specific campaign.
If a church is found in violation of the law it could be forced to pay taxes for every year it's engaged in political activity.
Harris has been accused of violating US tax code with the above ad, which is being played at more than 300 black churches across Virginia
However, tax code does allow these organizations to partake in nonpartisan political activity, like hosting debates or election facilities.
A lobbying group that identifies as representing 'secular Americans' like atheists, humanists and agnostics panned the ad as 'inappropriate' on Monday.
'Using religious institutions for politicking is not new nor is it a feature of a single party or theology. It is a bipartisan problem that's been frequent during the VA gubernatorial campaign,' the Secular Coalition for America wrote on Twitter.
'We condemn this inappropriate mixing of government, politics, and religion.'
Former Trump 2020 campaign communications director Tim Murtaugh accused Harris of breaking the law on Sunday.
'Kamala Harris has recorded a video endorsing Terry McAuliffe for governor of Virginia, which will be played in more than 300 Black churches,' Murtaugh wrote on Twitter.
'Two things: 1) This is expressly illegal according to federal law. 2) Do they think Harris will actually help McAuliffe?'
House Rep. Ralph Norman (R-SC) said it was 'ironic' for a pro-choice Democrat to try and appeal to churches.
'Not only is this legally questionable but it’s ironic a politician who supports extreme abortion practices is targeting people of faith,' the lawmaker tweeted on Sunday.
Former Virginia Governor McAuliffe (left), widely seen as Democratic powerhouse, has been slipping in the polls against Republican challenger Glenn Youngkin (right)
The roughly two-minute 20-second advertisement features Harris in the foreground between two American flags.
She spoke directly to the camera when telling voters about her own history with church and urging
'When I was
