Beamish, 040532 PAAGO, AGO 43

• Case Date: April 05, 1932
• Court: Pennsylvania

Honorable Richard J. Beamish AGO 43 Opinion No. 43 Pennsylvania Attorney General Opinions Opinions Of The Attorney General April 5, 1932          Elections—Nomination-Withdrawal of petition—Right to retract withdrawal-Act of July 12, 1913, Sec. 19—Filing of new petition after withdrawal.          A candidate for nomination at a primary election may not, under section nineteen of the Act of July 12, 1913, P. L. 719, as amended by the Act of April 29, 1925, P. L. 214, after withdrawing his nomination petition in accordance with the statute, retract his withdrawal and thus reinstate his nomination petition, but he may file a new nomination petition if the time therefore has not expired.          Honorable Richard J. Beamish,          Secretary of the Commonwealth,          Harrisburg, Pennsylvania.          Sir: You have asked us to advise you whether a candidate for nomination at a primary election, who, after filing his nomination petition, withdraws, may thereafter retract his withdrawal and thus reinstate his petition. We understand that the case that you have before you is one in which the offer to reinstate was made before the last day on which withdrawal could have been made, but after the last day on which nominating- petitions could be filed. "We shall discuss the question on the basis of those facts.          The statutory provision for the withdrawal of primary candidates is found in Section 19 of the Act of July 12, 1913, P. L. 719, as amended by the Act of April 29, 1925, P. L. 361, 25 P. S. 1241. It reads as follows:

"Any of the candidates for nomination, including candidates for President of the United States, to be voted for at a primary under this act, may, at any time before four O 'clock of the seventh day next succeeding the last day fixed for filing nomination petitions, withdraw his name as a candidate, by a request in writing, signed by him and acknowledged before a notary public or .justice of the peace and filed with the Secretary of the Commonwealth, if such candidate filed his nomination petition

...