Pennsylvania Advisory Opinions June 28, 1906: AGO 5

Advisory Opinion Text

ELECTION EXPENSES-STATEMENT OF EXPENSES-ACT OF 5TH MARCH, 1906 (P. L,. 78.)

Under the corrupt practices act «. candidate for the Senate from a district containing two counties may delay filing his statement of expenses until he has been nominated by a conference of the ccunties.

The statement must contain every penny received or expended by the candidate on account of his candidacy.

Office of the Attorney General, A. H. Anderson, Esq., Frick Building, Pittsburg, Pa.

Dear Sir: Your letter of sometime since to the Attorney General, statiug that you are a candidate for the office of State Senator in the 46th district, comprising the counties of 'Washington and Greene, and asking for an official interpretation of the act of 5th of March, 1906 (P. L. 78), entitled "An act to regulate nomination and election expenses, and to require accounts of nomination and election expenses to be filed, and providing penalties for the violation of this act," has been referred to me.

In your letter you state that you have received the endorsement of Washington county, and that the final nomination for the district will be made at a conference to be held by you and the nominee for the same office by the Republicans of Greene county, which conference will finally determine the candidacy of the State Senator from that district. You desire to be informed whether the provision of the first part of section 5 of said act, which reads as follows: "Every candidate for nomination at any primary election, caucus, or convention, whether nominated thereat or not, shall, within fifteen days after the same was held," file a statement of election expenses, applies to the convention at Washington county, in which you were named as the candidate from that county for the office you seek, or whether you might wait until the action of the nominating powers of the two counties finally determines the nomination.

While the language of the act is not explicit upon this point, I am of the opinion that the general intent and purpose of the act will be carried out if you delay the filing of your account until the actual nomination is made, and then include therein a statement of all sums of money expended by you both in the preliminary campaign in your county and in the final campaign in the district.

You also asked to be advised as to what expenses it is necessary for you to file under the terms of the act.

On this particular point the language of the act is sufficiently plain to obviate the necessity of explanation: "Each and every sum of money contributed, received or disbursed by him for election expenses, the date of each contribution, receipt and disbursement, and the name of the person from whom received or to whom paid, and the object or purpose for which the same was disbursed." Section 4 sets forth succinctly and clearly all the items for which any candidate has a right to pay out money during a campaign.

My answer to your last inquiry, therefore, is that in the statement which you file you must set forth every penny received or disbursed by you on account of your candidacy, and to keep within the law you must not pay out amy sum whatsoever for any expenses not covered clearly by the language of section 4.

Very truly yours,

FREDERIC W. FLEITZ, Deputy Attorney General.