By Sohaib Shams
A megachurch in New Mexico has endorsed two Republican candidates in this year's midterm elections, violating federal law that prohibits tax-exempt nonprofits from making political endorsements. Legacy Church, a nondenominational congregation with nine locations across the state, backed congressional candidate Greg Cunningham and gubernatorial candidate Gregg Hull.
Pastor Endorses Trump-Backed Congressional Candidate
In mid-August, pastor Steve Smothermon told his congregation that Greg Cunningham had "faithfully served our church for 14 years and shares our biblical values." He urged parishioners to pray for Cunningham, support his campaign, register, and vote. Cunningham is challenging Democratic Representative Gabriel Vasquez in one of the few competitive races in the predominantly blue state. Recent polling shows Vasquez at 48% and Cunningham at 44%.
High-Profile Republican Support for Cunningham
Former President Donald Trump endorsed Cunningham in an April Truth Social post, the only New Mexico candidate he has backed this cycle. House Speaker Mike Johnson has campaigned for Cunningham twice, and Senate Majority Leader Steve Scalise stumped in southern New Mexico in late October. Republican leaders are targeting the seat to maintain their narrow congressional majorities.
Gubernatorial Endorsement Follows
On October 6, Smothermon endorsed Gregg Hull for governor in a social media post, writing that Hull "should be the next governor of New Mexico" and encouraging followers to "Stand up and vote your biblical worldview."
History of Political Activity and Legal Challenges
Legacy Church has a record of political involvement dating back to at least 2011. In 2014, the church distributed sample ballots with preferred candidates highlighted. In 2022, Smothermon urged members to vote for Republican gubernatorial candidate Mark Ronchetti, calling the Democratic incumbent "demonic." The Freedom from Religion Foundation filed an IRS complaint over that involvement. The church has also drawn attention for protests against same-sex marriage, school bathroom policies, and COVID-19 precautions.
Trump Administration Challenges Johnson Amendment
The endorsements come as the Trump administration contests the 1954 Johnson Amendment, which bars tax-exempt organizations from electioneering. In 2017, Trump signed an executive order limiting enforcement. After his 2024 re-election, the administration's IRS argued in court that churches could endorse candidates to their congregations. A court blocked the move, but the Justice Department appealed in September. Researchers from the University of Notre Dame, Dartmouth, and the University of Pennsylvania found that 14.7% of churches engaged in direct political advocacy during the three months surrounding the 2024 election.
