Can a church be used for the 2008 election?

Question

I know little about politics, and little about religion.
I have a serious question regarding the separation of the two.

Some of you know what I'm talking about, but out in my neighborhood we're having issues with the church next door and their special land uses (which they're not abiding by). Just recently they changed the voting of two precincts to be held at the church.

My question is this:
Is it against the separation of church and state to hold voting for a political position at a place of worship? Would the church not receive funds from the township for holding the voting of the precincts there? If they don't, I believe that would be considered special treatment by the township (government), which is also not exactly legal.

I need help with this. My mother, along with a gajillion neighbors are writing letters to the board of trustees. I can't necessarily do that, since I am not a township taxpayer or a landowner. I am, however, writing a complaint letter to them fo

Answer 1

I know in New Zealand churches are regulary used as polling booths for elections.

Answer 2

All of that is a local election problem an define in the local election bilaws.

The only argument I see her, as far as church and state is concerned is if a group of religious people argue that it is against their faith to enter another religion's place of worship, as that would be to pay homage to another God.

However, If this is only on the Church's property, and not in the Church itself, the argument fails.

And the Church will more than likely point out that he separation of Church and State has already been overlooked in the area ot Church Schools which can receive partial funding from the Government, in the case of the Boy Scouts of America that meet primarily on Church property, and so on.

So long as the election is run by the State and lobbying rules are followed as to how close to the polls you can get without interferring with the voting process I would guess your family is fighting an up hill battle, but people win uphill battles all the time.

Answer 3

It is pretty well established that there is no violation of the establishment clause in having a polling place on church property. Having the polling place at the church does not endorse that religion, it just means that the church had the building in town that best met the needs of the election authority as far as size of room and parking.

The establishment clause does not require discrimination against religion (and the free exercise clause arguably forbids such discrimination).

Obviously, I do not know what the charge for renting an election place is in your jurisdiction, but my experience in my area is that most civic groups and/or governments only charge a nominal amount if anything -- something about civic duty.

Good luck with any land use dispute with a church. Congress has passed a law that basically exempts churches from complying with local zoning ordinances. Amazing as it may seems, this law stems from a decision in the late 1980s in which the conservatives on the court voted against an expansive definition of free exercise (and the liberals voted for an expansive definition), but the conservatives in Congress did not like that decision.

Answer 4

Churches are often used as polling places. It is difficult to find appropriate locations with proper parking, disabled access, etc., and it's generous of them to allow the use of their facilities, for which they are not paid. Voting at a church in no way crosses the church/state boundary and the courts have upheld this. Find something more important to worry about.

Answer 5

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Answer 6

Yes, it is legal. In most US states, polling places are not reimbursed for the use of their facilities. So the church is probably absorbing the cost. I don't see why you have a problem with this.

Answer 7

The church has been involved in politics like for ever!
Religion is just another political party.

Answer 8

I don't know about the fine print, but I'm guess it can be...some towns may not have many other logical or available places to hold them.