Subject: Agent of a Foreign Government/Power/Principal
Date: Mon, 20 Oct 2003 16:48:34 -0400
From: "Marks, Jonathan"
To: camc@camcinc.org
Dear Sang Joo Kim,
This letter is in response to your email containing two questions: 1) Will any US citizen of the Commonwealth of Pennsylvania who are/may be and/or has history of being Agent of A Foreign Government/Power/Principal be allowed to run for a public office? 2) Will any US citizen of the Commonwealth of Pennsylvania who are/may be and/or has history of being Agent of A Foreign Government/Power/Principal be allowed to serve any elected office and/or non-elected office including but are not limited to paid/non-paid capacity such as certain of Advisory Commission or the likes of the Commonwealth's Government, city government and county government? For the answer to your question, please see the Constitution of the United States of America and the Constitution of the Commonwealth of Pennsylvania.
Article 2, Section 1, Clause 5, of the United States Constitution enumerates the qualifications for President. The qualifications for United States Senators are listed in Article 1, Section 3, Clause 3. The qualifications for United States Representatives are listed in Article 1, Section 2, Clause 1. Each of these sections require that the respective nominee be a United States citizen, either natural born in the case of the President or for a set number of years in the cases of Senator and Representative. The qualifications also include age and residency requirements. None of the sections mention the phrase, or a phrase related to, a foreign agent.
The Constitution of the Commonwealth of Pennsylvania lists similar requirements. The requirements of State Representatives and State Senators are listed in Article 2, Section 5. Article 4, Section 5, lists the requirements of a nominee for Governor, Lt. Governor and Attorney General. The Pennsylvania Constitution includes, similar to the United States Constitution, an age, citizenship and residency requirement. Qualifications for Justice, Judge and Justice of the Peace are enumerated in Article 5 Section 12(a) of the Pennsylvania Constitution. These positions also have an age, citizenship and residency requirement similar to the requirements listed above. Like the United States Constitution, the Pennsylvania Constitution does not include a reference to a foreign agent.
For county and municipal office requirements, contact the pertinent county board of elections, listed on the Department of State website at www.dos.state.pa.us
I hope this information is helpful. If you have other questions relating to elections, you can contact the Bureau of Commissions, Elections and Legislation via email at RA-BCEL@state.pa.us or by phone at (717) 787-5280.
Sincerely,
Jonathan M. Marks
Legal Assistant
Department of State
210 North Office Building
email: jmarks@state.pa.us
Phone: (717) 787-5280
October 23, 2003 4:44 PM
The Hon Monna J Accurti
Commissioner
Bureau of Commissions, Elections and Legislation
Pennsylvania Department of State
210 N Office Building
Harrisburg, PA 17120
Dear Commissioner Accurti:
The response from Jonathan M. Marks (Legal Assistant, Department of State, 210 North Office Building) is non-answer. Hence, we direct you again to the same questions unless you convince us otherwise:
Will any U S citizen of the Commonwealth of Pennsylvania who are/may be and/or has history of being Agent of A Foreign Government/Power/Principal be allowed to run for a public office?
Will any U S citizen of the Commonwealth of Pennsylvania who are/may be and/or has history of being Agent of A Foregin Government/Power/Principal be allowed to serve any elected office and/or non-elected office including but are not limited to paid/non-paid capacity such as certain of Advisory Commission or the likes of the Commonwealth's Government, city government and county government?
Your prompt answer will be appreciated. Thank you.
Sincerely,
Sang Joo Kim
CAMC
C.:
The Hon Pedro A Cortes, Secretary of the Commonwealth
The Hon Edward Rendell, Governor
John Estey, Chief of Staff, Governor's Office
Adrian R King Jr, Special Assistant to the Governor
N. B.
No hardcopy to be followed.
October 16, 2003 2:57 PM
October 15, 2003 2:27 PM
October 10, 2003 10:25 AM
October 3, 2003 5:06 PM
Dear Commissioner Accurti:
Thank you. We look forward to receiving an answer. Thank you.
Sincerely,
Sang Joo Kim
CAMC
C.: The Hon Pedro A Cortes, Secretary of the Commonwealth
N. B. No hardcopy to be followed.
C.: CAMC Board
10/03/03 4:53 PM
Accurti, Monna wrote:
Chairman Kim,
Your request has been forwarded to the proper person within the Department of State for response. An answer will soon be forwarded to you.
Sincerely,
Monna J. Accurti
Commissioner
-----Original Message-----
From: CAMC [mailto:camc@camcinc.org]
To: accurtim, mona j; accurti, monna j
Cc: cortes, pedro a
Subject: Agent of A Foreign Government/Power/Principal
October 3, 2003 4:13 PM
October 2, 2003 12:55 PM
September 29, 2003 1:08 PM
The Hon Monna J Accurti
Commissioner
Pennsylvania Department of State
210 N Office Building
Harrisburg, PA 17120
Dear Commissioner Accurti:
Season's Greetings!
We would like to bring to your attention a few queries which we hope you will be able to answer:
Will any U S citizen of the Commonwealth of Pennsylvania who are/may be and/or has history of being Agent of A Foreign Government/Power/Principal be allowed to run for a public office?
Will any U S citizen of the Commonwealth of Pennsylvania who are/may be and/or has history of being Agent of A Foregin Government/Power/Principal be allowed to serve any elected office and/or non-elected office including but are not limited to paid/non-paid capacity such as certain of Advisory Commission or the likes of the Commonwealth's Government, city government and county government?
Your prompt answer will be appreciated. Thank you.
Sincerely,
Sang Joo Kim
CAMC
C.: The Hon Pedro A Cortes, Secretary of the Commonwealth