Pennsylvania Advisory Opinions May 03, 1911: AGO 96

Advisory Opinion Text

PRIMARY ELECTIONS.

Nominating petitions, incorrectly labelled "Spring Primary" may be amended by changing the word "Spring" to "Fall" and when thus amended are valid.

Office of the Attorney General, Dear Sir: Your favor of April 26th, 1911, addressed to the Attorney General, was duly received.

You state that several petitions for nomination have been filed in your office naming candidates for the office of associate judge, for the purpose of having the names of such candidates certified to the county commissioners printed on the official ballot for the primaries to be held this year, and that such petitions purport to name candidates to be placed on the ballot for the "Spring Primary."

The Act of April 6, 1911, provides for but one primary in each year, and that in the odd numbered years it shall be known as the "Fall Primary."

Some of the petitions have been filed prior to the passage of the Act of April 6, 1911. You ask to be advised whether the use of the word "Spring" in the form of petition and the fact that the petitions were filed prior to the passage of the Act of April 6th, requires the filing of new petitions. The Act of April 6, 1911, to which you refer, does not change the requirements of petitions for nomination, and I am, therefore, of opinion that the fact that the petitions filed prior to said act, if otherwise regular, are valid.

It has been determined a number of times that nomination papers and certificates which are defective in form but not wholly void, are susceptible of amendment, and I am of opinion that these petitions can be amended by changing the word "Spring" to the word "Fall," and when thus amended will be valid.

Very truly yours,

WM. M. HARGEST. ASSISTANT DEPUTY ATTORNEY GENERAL.