Legacy Church, a nondenominational congregation with nine locations in New Mexico, is drawing scrutiny after Pastor Steve Smothermon urged support for two Republican candidates in the 2026 midterm elections. In mid-August, Smothermon endorsed Greg Cunningham, who is seeking to unseat Rep. Gabriel Vasquez, D-N.M. On Oct. 6, he endorsed Gregg Hull for governor of New Mexico.
Smothermon described Cunningham as a man who had served the church for 14 years and shared its biblical values. He told the congregation, “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!” In the later endorsement, he wrote that Hull “should be the next governor of New Mexico” and urged people to “Stand up and vote your biblical worldview.”
The endorsements have raised questions under the Johnson Amendment, a 1954 federal law that restricts tax-exempt nonprofits, including churches, from participating in political campaigns. Smothermon defended the church’s political activity, saying laws curtailing political speech were unconstitutional and “null and void.” He also said restrictions imposed during the COVID-19 pandemic led the church to conclude that silence in the face of what he called government tyranny was not an option.
The Democratic Congressional Campaign Committee criticized Cunningham for accepting the endorsement. It also pointed to past controversies involving Legacy Church, including the 2020 conviction of Smothermon’s nephew in a kidnapping and dismemberment case and 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 national issue is larger than one church or one election. President Donald Trump signed a 2017 executive order directing the Treasury Department to limit enforcement of the Johnson Amendment. In 2025, his administration filed a court document saying it would not enforce the law against churches or pastors who endorse candidates while communicating with their congregations. A court blocked that proposal, and the Justice Department appealed in September. The next rulings will shape how churches speak in the public square during campaign season.
