Pennsylvania Advisory Opinions March 02, 1916: AGO 109

Advisory Opinion Text

IN RE ELECTION OF DEMOCRATIC NATIONAL COMMITTEEMEN.

National Committeemen of the Democratic party must be elected at the statewide primary election to be held May 16, 1916. '.the certificate of election should be forwarded to the State Committee.

Office of the Attorney General, Honorable Cyrus E. Woods, Secretary of the Commonwealth, Harris-burg, Pa., Sir: Your favor of February 25th enclosing letter of Honorable A. Mitchell Palmer, requesting an opinion as to the method of electing and certifying National committeemen, is at hand.

The Act of July 12, 1913, P. L. 719, regulating the Primary elections provides in Section 1, in part, as follows:

"National committeemen shall be elected by the State committee of each respective party, unless the rules of the National party otherwise provide; in which case they shall be elected in the manner provided by the rules of the National party, and all State committeemen shall be elected by Senatorial districts."

I am advised by Mr. Palmer's letter that the National Democratic Convention of 1912 adopted the resolution which is in part:

"Committeemen who are hereafter to constitute the membership of the Democratic National Committee, and whose election is not provided for by law, shall be chosen in each State at such primary elections, and the service and authority of committeemen, however chosen, shall begin immediately upon the receipt of their credentials, respectively."

Section 7 of the Act of 1913 provides:

"The nomination petitions in the case of candidates, for the office of President of the United States, Senator of the United States, member of the House of' Representatives of the United States, for all State offices, for the office of delegate or alternate delegate to a National party convention, and for the office of member of the State or National committee, shall be filed, at least four weeks prior to the primary, with the Secretary of the Commonwealth."

Under this rule and the Act of 1913 there seems to be no doubt that the National committeemen of the Democratic party must be elected at the state-wide primary election to be held May 16, 1916.

The Act of Assembly is silent as to the manner, and to whom the Secretary of the Commonwealth shall make the certificate of the election of National and State committeemen. In order that there may be some uniformity in making certificates of this kind, and because of the difference in the rules of the various parties I suggest .that this certificate should be made and forwarded to the Chairman of the State Committee of the respective parties.

Very truly yours,

WILLIAM M. HARGEST, DEPUTY ATTORNEY GENERAL.