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§ 65407. Vacancies in general

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 53 P.S. Municipal and Quasi-Municipal CorporationsEffective: September 5, 2017

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 53 P.S. Municipal and Quasi-Municipal Corporations
Part X. Townships of the Second Class
Chapter 141. Second Class Township Code (Refs & Annos)
Article IV. Election of Officers; Vacancies in Office
Effective: September 5, 2017
53 P.S. § 65407
§ 65407. Vacancies in general
Currentness
(a) If the electors of any township fail to choose a supervisor, tax collector or auditor, or if any person elected to any office fails to serve in the office, or if a vacancy occurs in the office by death, resignation under subsection (b), removal from the township or otherwise, the board of supervisors may appoint a successor who is a registered elector of the township and has resided in that township continuously for at least one year prior to their appointment.
(b) A resignation:
(1) Shall not create a vacancy until the date that the resignation is accepted by a majority vote of the board of supervisors at a public meeting or the effective date of the tendered resignation, whichever is later. The board of supervisors must accept a tendered resignation no later than forty-five days after the resignation has been tendered to the board of supervisors, unless the resignation is withdrawn in writing prior to acceptance.
(2) That is not accepted as under paragraph (1) shall be deemed accepted forty-five days after the resignation has been tendered to the board of supervisors.
(c) If, for any reason, the board of supervisors refuses, fails, neglects or is unable to fill a vacancy within thirty days after the vacancy occurs, as under this section, the vacancy shall be filled within fifteen additional days by the vacancy board. The vacancy board shall consist of the board of supervisors and one registered elector of the township, who shall be appointed by the board of supervisors at the board's first meeting each calendar year or as soon thereafter as is practical. The appointed elector shall act as the chairperson of the vacancy board.
(d) If the vacancy board fails to fill the position within fifteen days, the chairperson, or if the position of the chairperson is vacant, the remaining members of the vacancy board shall petition the court of common pleas to fill the vacancy.
(e) If two or more vacancies in the office of supervisor occur on a three-member board, or three or more vacancies occur on a five-member board, the court of common pleas shall fill the vacancies upon presentation of a petition signed by at least fifteen registered electors of the township.
(f) A successor appointed under this section shall hold office until the first Monday in January after the first municipal election which occurs at least sixty days after the vacancy occurs, at which election an eligible person shall be elected for the unexpired term.

Credits

1933, May 1, P.L. 103, No. 69, § 407, added 1995, Nov. 9, P.L. 350, No. 60, § 1, imd. effective in 180 days. Amended 2006, Nov. 29, P.L. 1473, No. 166, § 1, effective in 60 days [Jan. 29, 2007]; 2017, July 7, P.L. 294, No. 16, § 1, effective in 60 days [Sept. 5, 2017].
53 P.S. § 65407, PA ST 53 P.S. § 65407
Current through Act 11 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
End of Document