Pennsylvania Advisory Opinions October 24, 1898: AGO 28

Advisory Opinion Text

ELECTION LAW-VOTING PLACE FOR SOLIDERS IN U.S. ARMY SERVICE.

Soldiers at home on furlough can vote only from their place of residence; soldiers rendezvoused at their armories vote from there; soldiers in camp vote: in camp.

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

Sir: Replying to your request to be advised relative to the right of soldiers in the United States service, to vote, although they may be at the respective places of rendezvous of each company, I beg to say:

1. That Section 6 of Article VIII of the Constitution of Pennsylvania provides:

"Whenever any of the qualified electors of this Commonwealth shall be in actual military service under a requisition from the President of the United States, or by the authority of this Commonwealth, such electors may exercise the right of suffrage in all elections by the citizens under such regulations as are or shall be prescribed by law as fully as if they were present at their usual places of election."

2. T:ha:t the 1st section of the act of August 25, 1864 (Purdon, 752, P. L. 216) provides that:

"Whenever any of the qualified electors of this Commonwealth shall be in any actual military service under a requisition from the President of the United States, or by the authority of this Commonwealth, and, as such, absent from their place of residence on the days appointed by law for holding the general or Presidential elections within this State or on the days for holding special elections to fill vacancies, such elector shall be entitled at such times to exercise the right of suffrage as fully as if they were present at their usual places of elections in the manner hereinafter prescribed, and whether, at the time of voting, such electors shall be within the limits of this State or not, and the right of voting shall not be affected in any manner by the fact of their having been credited to other locality than the place of his actual residence by reason of the payment to him of local bounty, by such other locality."

3. The second section provides that a poll shall be opened in each company at the quarters of the Captain or other officer thereof, and all electors belonging to such company, who shall be within one mile of such quarters on the day of election, and not prevented by order of their commander, or proximity of the enemy, from returning to their company quaiters, shall vote at such poll and at no other place.

4. The same section also provides that officers other than those of a company, and other voters detached and absent from their companies, or in military or naval hospital, or in any vessel or navy yard, may vote at such other polls as may be most convenient for them.

5. The same section further provides that when there are ten or more voters at any place, who shall be unable to attend any company poll or their proper place of election as aforesaid, the electors present may open a poll at such place as they may select and certify in the pollbook, which shall be a record of the proceedings at said election, substantially in the manner and form as prescribed.

6. The 32d section provides that, when any electors less than ten in number shall be members of companies of another State or territory, or for any sufficient or legal cause shall be separated from their proper company, or shall be in any hospital, navy yard, vessel, or on recruiting, provost or other duty, whether within or without this State, under such circumstances as shall render it probable that he or they will be unable to rejoin their proper company, or to be present at his proper place of election, on or before the day of election therein mentioned, said elector or electors shall have a right to vote under the regulations prescribed.

7. The 24th section of the act provides for the appointment of Commissioners not exceeding one to each regiment of Pennsylvania soldiers in the service of this State or of the United States, while the 25th section prescribes the duties of such commissioners.

8. Among such duties so prescribed are delivering the necessary papers to the commanding officers of every company, or part of company of Pennsylvania soldiers in the actual military or naval service of the United States or of this State: and also, as soon as practicable, after the ejection, to call upon the judges of election and procure one poll book which shall be delivered to the Secretary of the Commonwealth without delay.

9. It seems that various commands of Pennsylvania soldiers regularly mustered into the United States service, have been ordered home, and the several companies thereof have been ordered to rendezvous at their respective armories, there to await either mustering out or further orders; while other regiments, as such, are located in camp awaiting orders.

Upon these facts this question arises, to-wit: Are the soldiers thus in camp as regiments, as well as those at he various company places of rendezvous, entitled to vote under the laws relating to elections by militia or volunteers in actual service? In reply to this question, I beg to advise you as follows:

1. That the Constitutional provision above quoted, as well as the various sections of the act of August 25th, 1864, referred to, clearly contemplate that all Pennsylvania soldiers in actual service, whether by regiment, company, or individuals, are entitled to vote, whether they be within Pennsylvania or without her borders.

2. That soldiers, having been mustered into the service of the United States are as much in "actual service," while at their respective places of rendezvous under the order of the authorities at Washington, as though they were at Manila or in Porto Rico under the direction of the Commander-in-Chief.

3. That, while awaiting discharge or further orders, they are in actual service and are entitled to vote only under the provisions of the act of August 25, 1864; and commissioners under said act should be appointed even though the various companies composing a regiment may be rendezvoused at their respective armories.

4. That the commissioners appointed under said act may deliver the necessary papers and blanks to the respective company commanders any time before the election, and as soon as practicable after the election collect the poll books, preserve the same, and deliver them to the Secretary of the Commonwealth.

Very respectfully,

WILBUR F. REEDER, Deputy Attorney General.