Pennsylvania Advisory Opinions November 16, 1905: AGO 48
Collection: Pennsylvania Attorney General Opinions
Docket: AGO 48
Date: Nov. 16, 1905
Advisory Opinion Text
HOUSE OF REPRESENTATIVES-VACANCIES-SPECIAL ELECTIONS-DUTY OP SPEAKER.
Upon the calling of a special session of the legislature, it is the duty of the Speaker of the House 'of Representatives to issue writs for special elections to fill any vacancies that may exist in the membership of ihat body. The writs should be directed to the sheriff of the proper county, and should fix the date on which the election shall be held. The date fixed should not exceed thirty days from the issuing of the writ.
Office of the Attorney General, Hon. Henry F. Walton, Speaker of the House of Representatives:
Sir: Honorable Samuel W. Pennypacker, Governor of the Commonwealth of Pennsylvania, having issued a proclamation calling the members of the Legislature of this State to meet in special session on January 15, 1906, it becomes necessary to hold special elections in certain districts where vacancies exist in the membership of the lower House. As Speaker of the House of Representatives you have authority, and it is your duty, to issue writs, in pursuance of the Constitution of this Commonwealth, to supply said vacancies, which shall be directed to the sheriffs of the proper counties, and shall particularly fix the days on which the elections shall be held to supply such vacancies. I am of opinion, and advise you, that the time appointed by you in said writ for the holding of said special elections shall not exceed thirty days after the issuing of said writ. Section 38 of the act of 1839 (P. L. 519), provides:
"Every writ for holding a special election, as aforesaid, shall be delivered to the sheriff, to whom the same shall be directed, at least fifteen days before the day appointed for such election, who shall forthwith give due and public notice thereof throughout the county, at least ten days before such election, and shall send a copy thereof to at least one of the inspectors of each election district therein."
Very truly yours,
HAMPTON L. CARSON, Attorney General.