Pennsylvania Advisory Opinions May 16, 1895: AGO 13

Advisory Opinion Text

TOWNSHIP OFFICES-VACANCIES IN-DUTY OF GOVERNOR IN RELATION THERETO-Acts of 15 April, 1834, and 10 June, 1893.

All the duties of the Governor under the provisions of the act of 10 June, 1893 (P. L. 419), apply only to general elections. The 29th section of said act does not apply to special or township elections.

Vacancies in the office of township auditor or supervisor should be filled under the provisions of the act of 15 April, 1834 (P. L. 552).

Office of the Attorney General, Daniel H. Hastings, Governor:

Sir: The certificates of Judges Waddell and Hemphill, of the Fifteenth judicial district, setting forth the fact that the election for the offices of township auditor and supervisor, held in the township of West Marlborough, in the county of Chester, on the 19th day of February, A. D. 1895, was found to be invalid for the reason that the official ballots used were erroneous, and that the election, for this reason, was set aside; and the letter of Thomas W. Baldwin, of the 4th inst, asking that you issue writs of election in accordance with the provision of the twenty-ninth section of the act of 1893 (P. L. 433), have been referred to this department. These communications raise the question whether it becomes the duty of the Governor, under the provisions of the twenty-ninth section of the act of 1893, to cause writs of election to issue when township or borough elections are for any reason declared to be invalid or set aside by a proper tribunal.

This is the first time, so far as I am informed, the Governor has been called upon to issue

This is the first time, so far as I am informed, the Governor has been called upon to issue a writ of election for a township officer. Unless the mandate of the law requires it, it would seem as if it ought not to be any part of his duty. It is true the act of 1893 provides for the manner of holding elections, township, special and general, but many of its provisions apply only to general elections. In section 10 it is provided that at least ten days before any general election the sheriff must give notice of the same by proclamation, and, indeed, a large proportion of all the sections of this act apply only to general elections. It is true that township and borough elections are incidentally provided for, but it does seem to be a reasonable construction that, so far as the Governor has any duty to perform under the provisions of this act, it applies only to general elections. Certainly the Legislature did not intend that the Governor should cause a writ of election to issue every time the election of some township or borough officer should be declared in valid. Vacancies in the office of township auditor or supervisor can be fill ed under the provisions of the act of April 15, 1834 (P. L. 552). The method of supplying vacancies therein provided is much more desirable and less expensive than the holding of a new election under proclamation of the Governor.

Taking all these things into consideration, I am of the opinion that the twenty-ninth section of the act of 1893 applies only to general elections, and that you should not issue special writs of election in the case presented.

Very respectfully,

JOHN P. ELKIN, Deputy Attorney General.