Pennsylvania Advisory Opinions April 12, 1906: AGO 131

Advisory Opinion Text

CORRUPT PRACTICES ACT.

The expenses and compensation of delegates to a county convention being paid by the chairman of a political party out of a fund to which the candidates had contributed equally and proportionately does not constitute a violation of the corrupt practices act.

Office of the Attorney General, Sir: 1 am in receipt of your letter of the 10 instant, enclosing two letters from the Honorable Charles O. Evans, of Berwick, asking for an interpretation of clause 3, fourth section of the act of 5th of March, 1906 (P. L. 78), known as the "Corrupt Practices Act." The precise question submitted by Judge Evans is whether it would be legal for the chairman of the Republican party, of Columbia county, to pay the cost of car fare and dinners, as well as a day's pay, to the delegates attending the convention of that party.

A careful investigation of the language of the act leads me to the conclusion that its purpose is to prevent the corrupt use of money in the interest of any candidate or ticket. Any action running contrary to this prohibition is therefore clearly illegal. If the expenses and compensation of the delegates for their dinners at the convention are paid by the county chairman out of a fund created for that purpose by the party, or contributed equally and proportionately by the candidates themselves, so that no undue and improper advantage shall accrue to any particular candidate, by reason of such payment, then such action does not fall within the class of things prohibited by the act.

This position would be strengthened by the fact that it had been the custom to reimburse the delegates in the manner above stated, or if there be a party rule providing for such reimbursement.

Very truly yours,

HAMPTON L. CARSON, Attorney General.