An Albuquerque church may be facing trouble with the IRS after its pastor recommended voting for a specific candidate for city council, according to a report by KOAT.

KOAT reported that Pastor Steve Smothermon of Legacy Church vouched for city council candidate Lori Robertson during a service on Nov. 16. 

“Listen, early voting is open now,” Smothermon said during the service. “Go vote til Dec. 4, because we need people like her on the city council. ... We need people like her to make sure this crazy guy they call mayor doesn’t continue to push his agenda.”

The issue here, according to KOAT legal expert John Day, is that IRS documents say any verbal or written statements by a 501(c)(3) in favor of or opposition to a candidate could result in a revocation of the organization's tax-exempt status.

“Well, the thing about churches and politics (is) that most churches are nonprofits under the IRS code 501(c)(3), and that means any nonprofit to keep their nonprofit status, they must stay out of endorsing people,” Day said. “They have to stay out of partisan politics.”

Day said he felt that the comments by Smotherman crossed the line, as the pastor was specifically telling his congregation to vote his preferred candidates into office. If the IRS were to see the video of the service, Day said, it may feel the same way, which could put the church in hot water.

“Having watched the video a couple of times, more than a couple of times, I would think if the IRS looks at it, they'll say, 'You know what? You're really crossing the line,'” Day said. Whether the IRS takes action against the church, only time will tell, he said. 

KOAT reported that a church can support a candidate, but it cannot be a nonprofit and must pay taxes. Day said that it is common for political candidates to have priests or rabbis with them on stage, but telling a congregation how to vote from the pulpit is a different story.

The station reached out to Legacy Church for comments through phone and email but said it did not get a response.