Letters to Jonathan M. Marks
October 28, 2003 1:26 PM
October 23, 2003 4:17 PM
Jonathan M. Marks
Legal Assistant
Department of State
210 North Office Building
email: jmarks@state.pa.us
Phone: (717) 787-5280
Dear Jonathan:
Thank you for your note.
It would seem that your response falls far short of focusing onto the specifics of the questions. We did sometime ago that level of research work which you were referring to. That is why we have brought the questions to the attention of The Hon Monna J Accurti, Commissioner, Bureau of Commissions, Elections and Legislation, Pennsylvania Department of State.
In fact, your writings answer nothing to the questions that we posed to the Commissioner unless you convince us otherwise. Hence, we direct the questions back to the Commissioner. Thank you.
Regards,
Sang Joo Kim
CAMC
www.camcinc.org
.................................................................................................................................................................................................
10/20/03 4:48 PM
Marks, Jonathan wrote:
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