Pennsylvania Advisory Opinions September 13, 1971: AGO 66 (September 13, 1971)

Advisory Opinion Text

Students—Voting registration—Extension of period.

1. Local registration officials shall keep open voter registration offices to permit students to register to vote for a reasonable time beyond September 13, 1971.

2. There is official discretion to determine what is a reasonable period of time beyond September 13, 1971, the criteria for the exercise of this discretion being what period of time, on the basis of present information, is adequate to permit all students so desiring to register in time for the election in November, 1971.

Harrisburg, Pa., September 13, 1971

Honorable C. DeLores Tucker

Secretary of the Commonwealth

Commonwealth of Pennsylvania

Harrisburg, Pennsylvania

Dear Secretary Tucker:

You have requested an opinion as to whether local election officials shall keep open registration offices for purposes of voter registration beyond September 13, 1971. This request is prompted by my opinion issued September 9, 1971, in which opinion I ruled that students of colleges and universities may register to vote at the locality of their college or university.

You are advised that local registration officials shall keep open voter registration offices to permit students to register to vote for a reasonable period of time beyond September 13, 1971.

Section 623-17 of the Election Code, 25 P. S. § 623-17, applies to cities of the first class and sets forth time periods for registration of various classes of electors:

"The [Registration] Commission or any commissioner, employee or clerk . . . shall . . . [within fifty days of the next election] . . . receive personal applications from persons who claim that they are entitled to be registered as electors of the city and who.appear for registration."

An almost identical provision applies to localities other than cities of the first class, 25 P. S. § 951-16.

In a case directly on point, Wenner's Appeal, 54 D. & C. 223 (1945), the Court of Common Pleas of Lehigh County ruled that predecessor provisions to the above cited provisions were directory and not mandatory and required registration officials to keep offices open for the purpose of registering veterans who had returned from active service in World War II but who did not return before the date of fifty days preceding the next election.

The Court stated:

"The act does not expressly forbid registration on the excepted days and we believe that the merits of veterans' claims to the right to vote far outweigh any inconvenience that may result from their late registration and that their votes thus cast will surely count in the election and that, therefore, their apparent right to vote will not be a mere idle gesture. No one questions the right of this group to a share in our government, and therefore, although higher courts might later declare our decision to be an erroneous interpretation of the Registration Act, we will nevertheless not have permitted anyone to vote who did not possess a constitutional right to do so. Furthermore, our solution of the problem places the responsibility squarely on this court and will not subject others to any penalties.

"One cannot expect veterans to register on the date of their discharge or before becoming oriented to civilian responsibilities. The particular veteran involved in this appeal was discharged after September 15, 1945, the date when the registration books had closed, but we believe the privilege of registration should also be granted to all veterans discharged on or after September 1, 1945, and that registration of veterans discharged after September 1, 1945, should be kept open up to election day itself. We have no doubt that this decision will cause inconvenience to the registration commission and board of elections, but will present no problems that are impossible of solution."

The facts before the Court in Wenner's Appeal, supra, do not differ in any material respect from the facts upon which this opinion is based. The Attorney General's lengthy ruling of September 9, 1971, came four days before September 13, 1971, the day on which election officials had scheduled to close registration offices under the guidelines established by relevant statutes. Theretofore a great deal of confusion existed with regard to whether students were permitted to register to vote at the locality of their college or university. In almost every instance election officials had denied students permission to register. With the opinion of September 9, 1971, it is now clear that Pennsylvania law permits, and the United States Constitution compels registration of students to vote at the locality of their college or university. To preserve and further the fundamental right to vote under these circumstances and in light of the opinion in Wenner's Appeal, supra, it is appropriate to extend the period of time to register to vote for a reasonable period beyond September 13, 1971.

This advice, of course, leaves it to official discretion to determine what is a reasonable period of time beyond September 13, 1971. The general criteria for the exercise of this discretion is what period of time, on the basis of present information, is adequate to permit all students so desiring to register in time for the election in November, 1971. Specific time period are suggested in the statutes dealing with registration periods which time periods may be helpful in deciding this question.

For instance in registering for special elections, the registration rolls are scheduled to close 30 days prior to the special election, permitting an extension of time to 20 days beyond the close of the rolls and in primary elections, the rolls are closed five days before the primary election indicating that a 45 day extension is permitted. See Sections 623-17 (a) and 951-16(a) supra. Similarly, for persons who become citizens of the United States within the two month period immediately preceding an election, the registration rolls may be kept open until thirty (30) days prior to the election. See Section 623-17(a). Finally, in Wenner's Appeal, supra, the Court ordered that applications for registration be accepted until the day before the election.

Very truly yours.

J. Shane Creamer, Attorney General.