HomeMy WebLinkAbout79-042 BonnerMr. Francis J. Bonner
4251 -G Catalina Lane
Harrisburg, PA
Dear Mr. Bonner:
STATE ETHICS COMMISSION
HARRISBURG. PA.
July 9, 1979
79 -042
You requested an advisory opinion from the State
Ethics Commission concerning the application of Act 170 of
1978 to Judges of Elections, majority and minority Election
Inspectors, Clerks and Machine Inspectors, Overseers of
Elections and Election Watchers.
Act 170 applies to "public officials" and "public
employees" of the Commonwealth and political subdivisions
thereof. The Act specifically excludes "public officials"
who are appointed to their position and who receive "no corn -
pensation other than reimbursement for actual expenses."
The Election Code, Act of June 3, 1937, P.L. 1333,
Section 1 et seq., provides that all elections are to be con-
ducted in each election district by a district election board
consisting of a Judge of Election, and a majority and minority
Inspector of Elections, 26 P.L. Section 2671. The judge and
inspectors are elected and receive compensation at a per diem
rate fixed by statute. 26 P.S. Section 2671, 2682. The Code
provides for the appointment of clerks of election by the elec-
tion inspectors and the appointment of machine inspectors by
the County Board of Elections. 25 P.S. Section 2174. Clerks
and machine inspectors are compensated at a fixed rate for each
primary and election. 25 P.S. Section 2682. Overseers of elec-
tion are appointed by the Court of Common Pleas upon the petition
of five or more registered electors and serve without compensation.
26 P.S. Section 2685. Election watchers are appointed by the
candidates and each political party which has nominated candi-
dates and are compensated by the candidates and political parties.
26 P.S. Section 2687.
It is the Commission's opinion that Judges of Elections,
Election Inspectors, Clerks of Elections and Machine Inspectors
are "public officials" as that term is used in Act 170, How-
ever, their scope of responsibility, limited work period - 2 days
Mr. Francis J. Bonner
July 9, 1979
Page Two
per year, minimum payment - less than $100 annually and rigidly
prescribed duties, persuade the Commission to exlude them from
coverage by the Act.
The Commission does not believe that Overseers of
Elections and Election Watchers are "public officials" covered
by the provisions of Act 170. The Election Code does not pro-
vide compensation for overseers and watchers receive compensa-
tion for their services directly from the appointing candidates
and political parties.
This letter is a public record and will be made
available as such.
State Ethics Commission
308 Finance Building
Harrisburg, PA 17120
(717) 783 -1610
Sincerely,
Paul ,7Q Sma g,
Chairman