Pennsylvania Advisory Opinions March 22, 1916: AGO 172

Advisory Opinion Text

IN RE NATIONAL DELEGATES.

There is nothing in the Uniform Primary Law of July 12, 1913, P. L. 719, that requires the Secretary of the Commonwealth to give any advance information with regard to the support of party choice for President to a candidate for delegate to the National Party Convention, but there is nothing in the Act which prohibits him from calling the candidate's attention to the requirement of the Act on this subject.

Honorable Cyrus E. Woods. Secretary of the Commonwealth, Harrisburg, Pa.

Sir: I have your favor of the 20th inst. with reference to the Uniform Primary Law of July 12, 1913, P. L. 719. You ask to be advised whether you should furnish to each candidate who files a petition for nomination as delegate or alternate delegate to a National party convention a copy of the statement set forth in paragraph (c) of Section 6 of the Act, in order to give him an opportunity to make the statement suggested by the Act, if be so desires. The clause of the Act referred to is as follows:

"Each candidate for election as delegate or alternate delegate to a National party convention may include, with his affidavit, the statement hereinafter set forth in this section; but his failure to include such statement shall not be a valid ground, on the part of the Secretary of the Commonwealth, for refusal to receive and file his nomination petition. Such statement, if any be made, shall be in substantially the following form:

Delegate's Statement.

I hereby declare to the voters of my political party in the (here insert 'State of Pennsylvania' if a delegate or alternate delegate at large; otherwise insert (....... ........District') that if elected and in attendance as a delegate to the National Convention of the party, I shall with all fidelity, to the best of my judgment and ability, in all matters coming before the convention, support that candidate for President of the United States who shall have received the highest number of votes cast in the (here insert 'State' if a delegate or alternate delegate at large; otherwise, insert..................District') by the voters of my party for said office at the ensuing primary, and shall use all honorable means within my power to aid in securing the nomination for such candidate for President.

(Signature of candidate for delegate or alternate delegate.)

On the ballot used at a primary, after or under the name of each candidate for delegate or alternate delegate to a National party convention, shall appear the words, 'Promises to support popular choice of party in the (here insert 'State' if a delegate or alternate delegate at large; otherwise, insert (.................District') for President,' or 'Does not promise to support popular choice of party in the (here insert 'State' if a delegate or alternate delegate at large; otherwise insert '......................District') for President' according as if the candidate included, or failed to include, the above statement with his affidavit."

There is nothing in the Act that requires you to give a candidate for delegate any advance information with regard to this subject, or to furnish to such candidate a copy of the statement contained in the Act, but on the other hand if you see fit to do so there is nothing in the Act which prohibits your calling the matter to his attention. If he files the statement above referred to there must appear on the ballot used at the primary, following his name, the words "Promises to support popular choice of party in the State (or................District) for President." If he fails to include with his affidavit such statement you cannot refuse to receive and file his nomination petition, but in such case, following his name on the ballot, there must appear the words "Does not promise to support popular choice of party in the State (or...............District) for President." That is, a failure to file such a statement is deemed by the Act to be a refusal on the part of the candidate to promise to support the popular choice of the party in the State (or district) for President.

You also ask to be advised what action the law, requires you to take "in certifying to the commissioners where the candidate for delegate makes no statement."

Section 0 of the Act provides, inter alia:

"In the case of each candidate for delegate or alternate delegate to a National party convention, the Secretary of the Commonwealth shall certify as to whether such candidate has included with his affidavit the statement provided for in subdivision (c) of section six of this act."

In all cases where the candidate has included with his affidavit the statement provided for in sub-division (c) of Section 6 of the Act it is your duty to certify to the County Commissioners that the candidate has included with his affidavit said statement. On the other hand, if the candidate has not included with his affidavit the statement provided for in sub-division (c) of Section 6 of the Act it is your duty to certify to the County Commissioners that he has not included with his affidavit said statement. You can do so in the following form:

I certify that....................................has (or has not) included with his affidavit the statement provided for in sub-division (c) of section six of the Act of July 12, 1913, P. L. 719.

In each case the ballot must be printed in accordance with the directions before given. All candidates who have filed said statement will have printed following their names, as shown on page 725 of the Pamphlet Laws of 1913:

"Promises to support popular choice of party in the State (or..............................District) for President."

and those who have not filed such statement will have printed following their names, as shown on said page of the Pamphlet Laws:

"Does not promise to support popular choice of party in the State (or........................District) for President."

Yours very truly,

WILLIAM H. KELLER, First Deputy Attorney General.