Pennsylvania Advisory Opinions June 01, 1907: AGO 132

Advisory Opinion Text

PRIMARY ELECTION EXPENSES

The expenses of conducting the uniform primary election under the act of Feb. 17, 1906, P. L. 41, held prior 'to, can be paid out of the appropriation of $1,159,248, made by the act of June 13, 1907, P. L,. 596.

The provisions of the primary election law of 1906 are a pledge to the respective counties that they shall be reimbursed the expenses of conducting such elections.

While legislation is usually to be construed prospectively, yet the language of the appropriation act of 1907 sufficiently indicates the intention of the legislature to repay the counties the moneys they had already expended to carry out the provisions of the uniform primaries act of 1906.

T. A. Crichton, Esq., Deputy Auditor General, Harrisburg, Pa.

Sir: In reply to your inquiry as to whether or not the expenses incident to. conducting the uniform primaries, under the provisions o £ 'the Act of February 17, 1906, (P. L. 41), held prior to June 1st, 1907, can be paid out of the appropriation of $1,159,248.00, made by the Act of June 13, 1907, (P. L. 596), I beg to say I am of opinion that they can be so paid.

The Act of 1906 makes no specific appropriation of any moneys for such purpose. It does provide, however, that the county commissioners shall send itemized statements of such expenses, accompanied by receipted voucher, to the Auditor General, who, if he finds the same correct, is thereupon required to "draw a warrant on the State Treasurer, for the proper county, for the amount so approved, which shall be paid by the State Treasurer out of money in the State Treasury not otherwise appropriated."

The provisions of this Act are a pledge by the State to the respective counties that they shall be reimbursed the expenses of conducting such elections. This was followed by the Act of June 13, 1907, referred to, the language of which is:

"That the sum of one million one hundred and fifty-nine thousand two hundred and forty-eight dollars (11,19,248.00), or so much thereof as may be necessary, be and the same is hereby specifically appropriated for the purpose of the payment of expenses of holding Uniform Primaries."

There is nothing in the language of this Act which limits the appropriation to payment of the expenses of future primaries, or indicates that such was the intention of the Legislature. To so interpret the language would subject the several counties of the State to a gross injustice. While legislation is usually to be construed prospectively, nevertheless I am of opinion that the language of this Act sufficiently indicates the intention of the Legislature to repay the counties the moneys which they had already expended to carry out the provisions of the Uniform Primaries Act of 1906, and I therefore advise you, after the receipt of the statements and vouchers, as required by the provisions of the Act, and a proper audit of the same by you, to pay to the respective counties the amount of such expenses.

Very truly yours,

M. HAMPTON TODD, Attorney General.