An area church may be reprimanded for campaigning against the Gay Marriage Ban Referendum without registering in November 2006's election.
Monona Oaks Community Church produced a 15-minute video that aired on cable television and distributed 1,500 pamphlets explaining the church's stance on the subject of marriage prior to the election.
""The media seems to only have presented one side of the marriage issue,"" said Pastor Bartz of Monona Oaks Community Church. ""We presented the Biblical and theological definition of marriage.""
""Referendum contributions require any individual or group that spends over $25 advocating a vote at a referendum must register,"" said Richard Bohringer of the Wisconsin state Election Board.
The church contributed $31.62 in support of the state ban on gay marriage in the 2006 election. This total exceeds the $25 limit by $6.62.
Monona Oaks Community Church does not have to be punished harshly, said Mike McCabe, executive director of Wisconsin Democracy Campaign.
""I honestly think the church didn't know what the law was; however, the law doesn't make exceptions for churches,"" he said.
The $31.62 spent on printing the pamphlet's cover letter was the church's only expenditure, said Pastor Bartz. No money was spent creating the video, due to the members of the congregation volunteering their time and equipment.
In contrast, McCabe said the volunteering of equipment and time toward a referendum should be treated as an ""in-time"" contribution.
""If somebody volunteers equipment and studio time, it has a value. It should be disclosed because that's a measure of their effort to influence this election.""
The Diocese of Madison produced similar brochures in support of the gay marriage ban, said Brent King, the Diocese of Madison's director of communication.
""However, all our promotions are done inside the church and through our voluntary mailing list.""
The church can discuss political issues within its walls without legal restriction, said McCabe.
""However, when the church goes outside its walls to influence the broader community they cross the line from church activity to electioneering.""
A penalty will be imposed if the Wisconsin state Election Board finds Monona Oaks Community Church did break campaign finance laws.
""Campaign finance violators must first register file reports the same as they should have done in a timely fashion,"" Bohringer said.
""They could then be penalized for not registering prior to making an expenditure to influence the election. The worst case scenario would be a fine of up to $500.""
""I'd be very surprised if the fine was more than $100 to $200,"" said McCabe. ""It's important that small violations be dealt with, otherwise they will evolve into million-dollar campaigns that are concealed from the public.""
