New Mexico megachurch's endorsement of Republican candidates tests Johnson Amendment

By Samantha Kamman, Christian Post Reporter Sunday, November 01, 2026

A New Mexico megachurch has reportedly endorsed two Republican candidates in the 2026 midterm elections, drawing attention to a federal law that bars tax-exempt nonprofits, including churches, from endorsing political candidates.

Legacy Church Pastor Steve Smothermon has drawn criticism for publicly encouraging congregants to support Republican congressional candidate Greg Cunningham and Republican gubernatorial candidate Gregg Hull.

The pastor of Legacy Church, a nondenominational congregation with nine locations across New Mexico, first publicly endorsed Cunningham in mid-August. Cunningham is a Republican seeking to unseat Rep. Gabriel Vasquez, D-N.M.

In a message to the congregation, Smothermon described Cunningham as someone who had served the church for 14 years and shared its biblical values.

“Let’s pray for him, support his campaign, get registered, and vote to flip this seat for someone who will stand for God, our Constitution, and a better New Mexico!” Smothermon said.

Nearly two months later, on Oct. 6, Smothermon endorsed Hull, writing on social media that he “should be the next governor of New Mexico.” The pastor also urged followers to “Stand up and vote your biblical worldview.”

The endorsements have raised questions about whether the church's political activity violates the Johnson Amendment, a 1954 law restricting tax-exempt organizations from participating in political campaigns. The issue comes as President Donald Trump's administration challenges federal restrictions on political endorsements by churches and other tax-exempt groups.

Legacy Church did not immediately respond to The Christian Post’s request for comment. This article will be updated if a response is received.

In a statement to The Guardian, Smothermon defended the church's political activity, arguing that restrictions on political speech were unconstitutional.

“For the last 2.5 centuries, resisting censorship has been a cornerstone of our republic, so we knew laws curtailing it were unconstitutional and therefore null and void — especially for political speech,” he said.

Smothermon criticized government restrictions imposed during the COVID-19 pandemic, saying the church concluded that remaining silent in the face of what he described as government tyranny was not an option.

“Further, in stark contrast to most government programs, we do social work that actually works rather than enabling social ills, so we earn every bit of our tax status,” the pastor said.

In a Friday statement, the Democratic Congressional Campaign Committee (DCCC) criticized Cunningham for accepting the church's endorsement.

“Greg Cunningham claims to stand up for safety, but he has made it clear he has no qualms receiving endorsements from extreme individuals and organizations,” DCCC spokesperson Anna Elsasser said.

“New Mexico families deserve a leader they can trust to keep them safe, and that’s why they’ll send Gabe Vasquez back to Congress on Tuesday,” Elsasser added.

The DCCC's statement also highlighted controversies involving Legacy Church, including the 2020 conviction of Smothermon's nephew in a kidnapping and dismemberment case. It also mentioned a 2024 lawsuit alleging sexual abuse at a church-run residential drug treatment facility.

The facility and Legacy Church denied the lawsuit's claims, calling them “spurious allegations.”

The pastor and church have faced scrutiny over political activity in previous election cycles.

In 2014, the church distributed sample ballots to congregants, highlighting preferred candidates. Smothermon also urged church members to support candidates in local elections in 2021 and 2022.

In 2022, the Smothermon encouraged congregants to vote for Republican gubernatorial candidate Mark Ronchetti and described Gov. Michelle Lujan Grisham, D-N.M., as “demonic.” The Freedom From Religion Foundation, a secular legal organization, later filed a complaint with the Internal Revenue Service (IRS) over the church's involvement in the election.

Trump has sought to weaken enforcement of the Johnson Amendment since his first term. In 2017, he signed an executive order directing the Treasury Department to limit enforcement of the Johnson Amendment.

In 2025, the Trump administration filed a court document saying it wouldn't enforce the Johnson Amendment against churches or pastors who endorse political candidates when communicating with their congregations. A court blocked the proposal, and the Justice Department appealed the ruling in September.