Honorable Kichard J. Beamish
AGO 36
Opinion No. 36
Pennsylvania Attorney General Opinions
Opinion of the Attorney General
January 8, 1932
Elections—Voting machines—Approval of voters—Purchase by county commissioners-Duty of Secretary of the Commonwealth upon default-Act of April 18, 1929—Absence of funds available for purchase.
Where the voters of a county have approved the use of voting machines and a loan to pay for them, but, the county commissioners have not contracted for the purchase of a sufficient number of machines, it is the duty of the Secretary of the Commonwealth to advertise for proposals and to award and execute a contract for the purchase of the number of machines necessary to supply the county, in accordance with section four of the Act of April 18, 1929, P. L. 549, as amended by the Act of June 23, 1931, P. L. 1185, although the money borrowed by the municipality for the purpose has been diverted to other uses and. there are no funds available for the purchase price of the voting machines required.
Honorable Richard J. Beamish,
Secretary of the Commonwealth,
Harrisburg, Pennsylvania.
Sir: We have your request to be advised regarding your duty to purchase voting machines for and on behalf of the County of Philadelphia.
The facts as we understand them are as follows:
On November 5, 1929, the electors of the City and County of Philadelphia approved the use of voting machines therein and on the same date approved a loan in the amount of two million dollars to pay for them.
To date the county commissioners of Philadelphia County have purchased voting machines to supply only twenty-one of the forty-eight-wards of the city. On September 2, 1931, you notified them in writing that unless they contracted immediately for the purchase of additional machines sufficient in number to supply the entire city you would advertise for proposals, and award, make and execute a contract for the purchase of the necessary number of voting machines as provided by Section 4 of the Act of April 18, 1929, P. L. 549, as amended by the Act of June 23, 1931, (Act No. 322). The county commissioners not having contracted for voting machines as per your notice, you advertised inviting proposals.
On Wednesday of this week at a conference between the city comptroller, the county commissioners and yourself, it was pointed out that the City of Philadelphia had...
