Court Evaluated Whether Signers of Referendum Petitions Under the Liquor Control Act of 1937 Must Be Registered Voters
In Aukamp v. Diehm, 336 Pa. 118, 8 A.2d 400 (1939), (which involved the distinct question of whether signers of a referendum petition under the Liquor Control Act of 1937 must be registered voters), the Court evaluated the issue under the voter qualification provision of the Pennsylvania Constitution, and also noted the Election Code's definition of "qualified elector."
The Court concluded that the legislature had incorporated the word "elector" to mean a person qualified to vote at the election and therefore one who was also, at the time of signing the petition, a registered voter. the Court rejected the argument that a non-registered signer of a petition might register before the election. the Court stated that "the legislature, by using the word 'electors,' intended petitioners to be persons at that time registered; unless that were held to have been the legislative intention the commissioners would have no way of ascertaining whether the requisite number of signers were electors . . . ." 336 Pa. at 121, 8 A.2d at 401.