Pennsylvania Advisory Opinions February 22, 1972: AGO 105 (February 22, 1972)

Advisory Opinion Text

Election of delegates to national party conventions—Casting of lots—discretion of Secretary of the Commonwealth .

1. Pursuant to Section 915 of the Election Code (25 P. S. § 2875) the casting of lots for positions on the ballot may be conducted in such manner as may be prescribed by the Secretary of the Commonwealth.

2. It is a reasonable exercise of the Secretary's discretion to prescribe that candidates for deligate to National Conventions who are committed to a particular Presidential candidate shall be considered togeather as a "slate" for casting of lots.

Honorable Ronald J. Pettine

Deputy Secretary for Commissions,

Elections and Legislation

Department of State

Harrisburg, Pennsylvania

Dear Mr. Pettine:

You have requested our opinion as to whether the Secretary of the Commonwealth has the authority to prescribe that candidates for delegate and alternate delegate to the National Convention of a political party who are committed to a particular Presidential candidate shall be considered together as a "slate" when it comes to the casting of lots for positions on the primary ballots or ballot labels. You have furnished us with a proposed regulation which provides that such candidate committed to a Presidential candidate shall draw one lot for the position of the slate on the primary ballot, followed by a second drawing to determine the order of the candidates on the slate.

For example, two deligates and one alternate deligate to the Democratic National Convention who are committed to Senator Muskie will draw one lot to determine whether their names will appear together on the ballot ahead of the delegate and alternate delegate committed to Senator McGovern and those committed to other Presidential candidates. Similarly uncommitted delegates will draw one lot together to determine where they will appear among the slates of committed delegates. Thereafter a second drawing will occur among each slate to determine which of the candidates will appear first on the slate, with the candidate for alternate delegate automatically appearing last.

It is our opinion, and you are advised, that the procedure which you have proposed is properly within the authority of the Secretary of the Commonwealth.

Section 915 of the Act of June 3, 1937, P. L. 1333, known as the Election Code (25 P. S. § 2875) provides, in part, as follows:

"Immediately after the last day fixed for filing of such nomination petitions with them, the Secretary of the Commonwealth or the county board, as the case may be, shall fix a day for the casting of lots, in such manner as may be prescribed by the Secretary of the Commonwealth, or county board, as the case may be, for the position of names upon the primary ballots or ballot labels...." (Emphasis supplied.)

The Act of December 22, 1971, (Act No. 165) which provides for the selection of delegates and alternate delegates to National Conventions, allowing for commitment to Presidential candidates, etc., does not provide a procedure for the positioning of names of candidates on ballots or ballot labels. Therefore, the casting of lots for such positions may be conducted in such manner as may be prescribed by the Secretary of the Commonwealth. The procedure outlined above is a reasonable exercise of dis-creation by the Secretary of the Commonwealth in prescribing the manner for the casting of lots pursuant to the above quoted Section 915 of the Election Code.

Very truly yours,

W. W. Anderson, Deputy Attorney General.

J. Shane Creamer Attorney General.

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Notes:

Editor's note: Opinion reversed in Roth, et al. v. Tucker, Secretary of Commonwealth, et. al., 4 Pa. Commonwealth 565 (1972), affirmed in 447 Pa 343 (1972).

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