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§ 2953. Filling of certain vacancies in public office by means of nomination certificates and n...

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 25 P.S. Elections & Electoral DistrictsEffective: October 31, 2019

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 25 P.S. Elections & Electoral Districts (Refs & Annos)
Chapter 14. Election Code (Refs & Annos)
Article IX. Nomination of Candidates (Refs & Annos)
(e) Nominations to Fill Certain Vacancies
Effective: October 31, 2019
25 P.S. § 2953
§ 2953. Filling of certain vacancies in public office by means of nomination certificates and nomination papers
(a) In all cases where a vacancy shall occur for any cause in an elective public office, including that of judge of a court of record, at a time when such vacancy is required by the provisions of the Constitution or the laws of this Commonwealth to be filled at the ensuing election but at a time when nominations for such office cannot be made under any other provision of this act, nominations to fill such vacancies shall be made by political parties in accordance with party rules relating to the filling of vacancies by means of nomination certificates in the form prescribed in section nine hundred ninety-four of this act,1 and by political bodies by means of nomination papers in accordance with the provisions of sections nine hundred fifty-one, nine hundred fifty-two and nine hundred fifty-four of this act.2 No such nomination certificate shall nominate any person who has already been nominated by any other political party or by any political body for the same office unless such person is a candidate for the office of judge of a court of common pleas, the Philadelphia Municipal Court or for the office of school director in districts where that office is elective or for the office of justice of the peace.3 No such nomination papers shall nominate any person who has already been nominated by any political party or by any other political body for any office to be filled at the ensuing November election, unless such person is a candidate for the office of judge of a court of common pleas, the Philadelphia Municipal Court or for the office of school director in districts where that office is elective or for the office of justice of the peace.
(b) Said nomination certificates and nomination papers for State public offices and judges of courts of records shall be filed in the office of the Secretary of the Commonwealth at least fifty (50) days prior to a general or municipal election, as the case may be. Nomination certificates and nomination papers for public offices in counties, cities, boroughs, towns, townships, wards and school districts and for the offices of aldermen and justices of the peace shall be filed in the office of the county board of elections at least fifty (50) days prior to a municipal election.
(c) The provisions of this subdivision shall not be construed to apply to elective public offices for which a method is provided in this act for the holding of special elections to fill vacancies in certain public offices, or to the filling of vacancies in the office of presidential electors in accordance with the provisions of section nine hundred eighteen of this act.4 Nor shall the provisions of this subdivision be construed to apply to any public office for which, by the provisions of any statute, a vacancy is required to be filled at the next election appropriate to the office, if said vacancy occurs at any time within two (2) calendar months immediately preceding a general or municipal election, as the case may be.

Credits

1937, June 3, P.L. 1333, No. 320, art. IX, § 993, added 1953, Aug. 26, P.L. 1479, § 1. Amended 1963, Aug. 13, P.L. 707, § 15, effective Jan. 1, 1964; 1972, July 7, P.L. 732, No. 171, § 3, imd. effective; 1974, June 27, P.L. 413, No. 146, § 2, imd. effective; 1986, Feb. 19, P.L. 29, No. 11, § 11, imd. effective; 2019, Oct. 31, P.L. 552, No. 77, § 3, imd. effective.

Footnotes

25 P.S. § 2954.
25 P.S. §§ 2911, 2912 and 2914.
Reference to “justice of the peace” deemed to be reference to a magisterial district judge, pursuant to 2004, Nov. 30, P.L. 1618, No. 207, § 28(1).
25 P.S. § 2878.
25 P.S. § 2953, PA ST 25 P.S. § 2953
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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