Newport News pastor under investigation for allegedly campaigning during church

Pastor and City Council candidate Willard Maxwell Jr. is under investigation by local authorities for allegedly campaigning and soliciting donations during church gatherings and on his church’s website.

A video surfaced recently showing Maxwell, who’s vying for the North District Seat B on City Council in the Nov. 8 election, soliciting donations and encouraging audience members during a service at his New Beech Grove Baptist Church to put up signs on his behalf.

“We have signs out there if you want to take a sign to your house, that would be great,” he said in the two-minute video, adding later, “Anytime you want to donate $5, $25 — it doesn’t matter, or get other people to donate, I would really appreciate it.”

In the video, Maxwell appeared to address — and disregard — the federal rules that prohibit churches from political campaigning as a condition of being tax exempt.

“Now I know a lot of people say you can’t use certain things or say stuff at church,” Maxwell said. But he then listed various political candidates who had previously spoken at the church, adding if they could speak, he could as well.

“Republicans and Democrats alike have been trying to tell me I can’t say nothing,” Maxwell said. “Man, if I can’t say nothing, you can’t say nothing. It’s my house.”

A woman who identified herself as “Sharon Richardson” forwarded the video, along with other information, to the Commonwealth’s Attorney and Voter Registrar’s Office, as well as the Daily Press.

In her email, she also accused Maxwell of promoting his campaign via the church’s website, passing out campaign literature and hosting campaign events at the church. She provided a screenshot of an email from Maxwell advertising an Aug. 27 “Leading Ladies for Maxwell” event that said tickets were available in the church office.

According to the IRS, religious organizations are prohibited from campaigning on behalf of — or in opposition to — any political candidate for elective public office.

“Contributions to political campaign funds or public statements of position (verbal or written) made by or on behalf of the organization in favor of (or in opposition to) any candidate for public office clearly violate the prohibition against political campaign activity,” the IRS’s website states.

Churches that violate this provision are at risk of losing tax-exempt status.

The IRS says leaders of churches are allowed to speak on political matters for themselves. But for their organizations to remain tax-exempt, they can’t make partisan comments in official organization publications or at official church functions.

The IRS also says churches can conduct certain voter education activities — including public forums and the publication of voter education guides — in a non-partisan manner.

Commonwealth’s Attorney Howard Gwynn emailed Richardson on Oct. 17, saying, “The video that you sent is very disturbing. Please be assured that this matter is under investigation and is being taken very seriously.”

Gwynn declined to discuss the matter with the Daily Press specifically but said, “any election complaints that are referred to this office are thoroughly investigated.”

Reached by phone Tuesday, Maxwell said he has done nothing wrong, as he has let numerous candidates speak at his church during services for years — including his opponent for City Council, Curtis Bethany. In regard to their campaign activities, he said, “whatever I do for one, I have to do for all.”

“I let Democrats come; I let Republicans come,” he said. “The individual who is running against me even came and spoke from my pulpit. The rule is whatever you do for one; you gotta let him do for all.”

Maxwell said political candidates sometimes speak at the beginning of a service and sometimes at the end. In addition, he also said candidates could distribute campaign literature before and after services.

“Anytime anyone wants to come to the church and speak about their campaign, whether I agree with them or not, I let them say whatever they need to say, and garner whatever support they need,” he said. “They pass out their literature, they pass out their signs, they say whatever they need to say. And I’ve done that forever.”

Bethany confirmed he recently spoke at Maxwell’s church. However, he claimed he didn’t distribute campaign literature because “you’re not supposed to do that” and he was trying to “follow the rules.”

In the complaint to the county prosecutor, Richardson provided screenshots showing a link to Maxwell’s campaign website — stating “Maxwell for City Council” — on the church’s website.

Maxwell acknowledged the link was once there, but contended it was an accident. He said when he hired a new company to put his various websites together, it mistakenly put the link of his political website on his church website. Maxwell said he told the company it couldn’t do that, and the link was removed shortly after.

“That’s not been on there for months,” he said.

Reflecting on the investigation, Maxwell rhetorically asked why he would risk tax-exempt status of his nonprofit church for a job that only pays $25,000 a year.

“Like, that doesn’t make any sense,” he said.

Josh Janney, joshua.janney@virginiamedia.com