Pennsylvania Advisory Opinions April 06, 1960: AGO 213 (April 06, 1960)

Advisory Opinion Text

Elections—Absentee elector—Qualification of students at educational institutions— Act of January 8, 1960, P. L. (1959) 2135—Pennsylvania Election Code.

Students in full time attendance at educational institutions may qualify as "absentee electors" under the provisions of the Act of January 8, 1960, P. L. (1959) 2135, which added a new subsection (y) to § 102 of the Pennsylvania Election Code, the Act of June 3, 1937, P. L. 1333.

Honorable Charles H. Boehm,

Superintendent of Public Instruction,

Harrisburg, Pennsylvania.

Sir: You request advice whether students in full time attendance at educational institutions may qualify as "absentee electors" within the meaning of Act No. 789, the Act of January 8, 1960, P. L. (1959) 2135, 25 P. S. Section 2602. Section 1 of this act added a new subsection (y) to Section 102 of the Pennsylvania Election Code, the Act of June 3, 1937, P. L. 1333, 25 P. S. Section 2602, denning "absentee elector" as one who "on the occurrence of any election is unavoidably absent from the county of his voting residence by reason of his duties, business or occupation."

Webster's New International Dictionary, 2nd Ed., defines "business" as: "Quality or state of being busy * * * That which busies, or engages time, attention or labor, as a principal serious concern or interest * * *", and "occupation" as: "That which occupies, or engages, the time and attention; the principal business of one's life, vocation; business * * *."

"Business" and "occupation," in comprehensive terms, are commonly defined by the courts to mean activity, energy, capacity, and opportunities by which results are reached, embracing everything about which a person can be employed; the efforts of men by varied methods of dealing with each other to improve their individual economic conditions and satisfy their desires; and that which occupies the time, attention or labor of men for the purpose of profit or improvement. People ex rel. Attorney General v. Jersin, 101 Colo. 406, 74 P.2d 668 (1937); Norman v. Southwestern R. Co. 42 Ga.App. 812, 157 S. E. 531 (1931); State ex rel. Sizemore v. State Election Board, 203 Okl. 1 217 P.2d 805 (1950). We are of the opinion that a student in full time attendance at an educational institution is there by reason of his "duties, business or occupation."

We are, therefore, of the opinion and you are accordingly advised that students in full time attendance at educational institutions may qualify as "absentee electors" within the meaning of Act No. 789 approved January 8, 1960, since they are there by reason of their "duties, business or occupation."

This opinion is not intended to supersede the powers conferred upon the county boards of elections by the provisions of the Pennsylvania Election Code, the Act of June 3, 1937, P. L. 1333, as amended, 25 P. S. Sections 2600 to 4051. The final decision on each application for absentee ballot rests with the county board of election to which the application is presented.

Very truly yours,

Department of Justice,

John D. Killian III, Deputy Attorney General.

Anne X. Alpern, Attorney General.