Pennsylvania Advisory Opinions April 22, 1908: AGO 79

Advisory Opinion Text

CORRUPT PRACTICE ACT-ELECTION LAW-CANDIDATES AT PRIMARY ELECTION-FILING ACCOUNT OF RECEIPTS AND DISBURSEMENTS-ACT OF MARCH 5, 1906.

Each candidate at a primary election, caucus or convention, whether nominated or not, is required by the act of March 5, 1906, P. L. 78, to file, within fifteen days after the election, with the proper officers, a sworn account of all moneys exceeding $50 received and expended by him for election expenses, and there is no legal authority for making such disbursements through a committee or by its treasurer.

Hon. Robert McAfee, Secretary of the Commonwealth.

Sir: I have before me your letter of to-day, stating that you have received numerous inquiries as to the proper interpretation of the Corrupt Practice Act, as applying to primary elections, and submitting the following questions for my official decision:

1. Must each candidate for nomination at any primary election, caucus or convention, whether nominated or not, file with the proper officer a full, true and detailed account of all moneys contributed, received or disbursed by him for election expenses within fifteen days?

2. Can any candidate for nomination at a primary election appoint a committee, which can in turn choose a treasurer, through whom all expenses and disbursements can be made, and the filing of whose account within thirty days will relieve the candidate himself from filing such an account?

The language of Sections 5 and 6 of the Act of March 8th, 1906, (P. L. 79), covers both these questions so clearly that there can be no mistaking their terms, and I have the honor to answer your questions as follows:

1. Every candidate for nomination at any primary election, caucus or convention shall, within fifteen days after the same is held, if the amount received or expended by him exceeds the sum of fifty dollars, file with the proper officers a full, true and detailed account, subscribed and sworn to by him, setting forth each and every sum of money contributed, received or disbursed by him for election expenses.

2. The Act under discussion in no wise recognizes committees or treasurers of committees in primary election matters, they being recognized only in general elections. There is, therefore, no warrant or authority of Jaw for the disbursement of money through a committee or by its treasurer so far as primary elections are concerned, but each candidate must be responsible for all disbursements made in his behalf and include them in his account. Moneys furnished by the candidate to a committee or the treasurer of a committee, to be disbursed in the interest of the candidate, are moneys disbursed by such candidate, and as such must be included in his account.

Very truly yours,

M. HAMPTON TODD, Attorney General.