Will there be Another Recount in Florida for the next Presidential Election?

October 9, 2012 is the deadline to register to vote for the November 6, 2012 presidential election. As election time draws nearer, so does the voting registration scandals in Florida. It has been alleged that Florida is now experiencing statewide voter registration scandals by the Republican Party. At least seven counties in Florida have informed state prosecutors or state election officials about questionable voter registration forms submitted on behalf of the Republican Party.

In the 2000 presidential election, Florida singlehandedly changed the outcome of the election causing the Republican candidate, George Bush, to become the President of the United States over Democratic candidate Al Gore. With these allegations lurking in Florida, one can only wonder if this upcoming election will also be determined by a recount in Florida.

The Florida Democratic Party has requested that the state revoke the Republican Party’s ability to register voters during the investigation. The Florida Republican Party paid Strategic Allied Consulting over $1.3 million to handle its registration needs. The company alleges that the questionable forms were submitted by an employee who was subsequently terminated.

There are also allegations that the forms submitted by Strategic Allied Consulting contained registration for people who were deceased, and that the company also paid individuals to register voters. The Republican Party of Florida has subsequently filed a complaint against Strategic Allied Consulting with the state election officials, and an investigation is now underway.

If during the 2012 Presidential Election it becomes necessary to have a recount in Florida, no one should be surprised if Mitt Romney becomes elected. However, I would propose that the votes in Florida not count the so-called absentee ballots and only count those made physically at the voting sites.

What are your thoughts America?

Pastors Risk Losing 501(3)(c)Tax Exempt Status by Challenging IRS

Over one thousand pastors will join Alliance Defending Freedom (“ADF”) in an effort to prompt the IRS to enforce its 1954 tax code amendment prohibiting tax-exempt organizations, such as churches, from “directly or indirectly participating in, or intervening in, any political campaign on or behalf of (or in opposition to) any candidate for elective public office.” Any 501(3)(c) organizations found in violation of this tax code risk a denial or revocation of its tax exempt status and certain excise taxes may also be imposed.

ADF is a religious organization whose goal is to protect and defend religious freedom. The organization believes that this IRS tax code is unconstitutional because it violates the First Amendment by prohibiting pastors and other religious organizations from exercising their right to free speech. The organization will hold a “Pulpit Freedom Sunday” on October 7, 2012 where pastors will preach sermons that discuss the current political candidates and then make specific recommendations. The sermons will also be recorded and sent to the IRS in order to incite action by the IRS.

However, some pastors have reported that in the past, the IRS simply sent a letter warning of the violation but closes the case prior to being taken to court. In order for the group to challenge the constitutionality of the amendment, the IRS must first apply the code to a particular church or pastor. ADF is hoping that the IRS will respond by taking action against the bold religious leaders so that it may challenge this amendment in court.

It would be wise for these pastors to evaluate whether the action they are undertaking is worth the risk of losing their organization's tax exemption status. I envision that one argument that will be presented in court on behalf of the IRS is that the granting of tax exemption to charitable organizations is not a “right” it is a “privilege.” As such, the IRS has the right to restrict certain actions, even if it requires giving up a constitutional right. For example, under the US Constitution, citizens have the right to bear arms. With that right to bear arms, there are restrictions such as age, licensing requirements, criminal background check, etc. So for the sake of the organizations that they represent, the pastors involved should seriously evaluate whether participating in Pulpit Freedom Sunday is worth the risk of losing the organization’s exemption status.