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§ 2675. Vacancies in election boards; appointment; judge and majority inspector to be members o...

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 25 P.S. Elections & Electoral DistrictsEffective: December 9, 2002

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 25 P.S. Elections & Electoral Districts (Refs & Annos)
Chapter 14. Election Code (Refs & Annos)
Article IV. District Election Officers (Refs & Annos)
Effective: December 9, 2002
25 P.S. § 2675
§ 2675. Vacancies in election boards; appointment; judge and majority inspector to be members of majority party; minority inspector to be member of minority party
(a) Vacancies in election boards existing by reason of the disqualification, removal, resignation or death of an election officer, or from any other cause, occurring prior to the fifth day before any primary or election, shall, in all cases, be filled by appointment, by the court of the proper county, of competent persons, qualified in accordance with the provisions of this act, who shall serve for the unexpired term of the person whose place he is appointed to fill: Provided, however, That any district election officer who, after his election or appointment, changes his political affiliation, shall not thereby become disqualified to serve on said election board, and shall not thereby be subject to removal. In making such appointments, the court shall receive and consider any petitions filed by qualified electors of the district affected, and shall make no appointment to fill any vacancy unless notice of the time at which they will make such appointment shall have been posted on the polling place of such district, and in the immediate vicinity thereof, at least five days prior thereto. In the appointment of inspectors in any election district, both shall not be of the same political party at the time of said appointment, but one shall be of the party having the largest number of votes and the other shall be of the party having the second largest number of votes in said district at the last preceding November election, as nearly as the judge or judges can ascertain the fact. The judge of election shall, in all cases of appointment, be of the political party having the majority of votes in said district at the last preceding November election, as nearly as the judge or judges can ascertain the fact. Immediately upon the entry of an order of court filling any vacancy on an election board, the clerk of said court shall forthwith transmit a certified copy of said order to the county board, giving the name and address of said appointee. Notwithstanding any provisions to the contrary, in counties which have adopted home rule charters or optional plans and which appoint the members of the county election board under section 301(b),1 vacancies in the county board of elections shall be filled consistent with the provisions for appointment of county election board members under that section.
(a.1) Vacancies in county boards existing by reason of the disqualification, removal, resignation or death of a clerk or machine inspector appointed pursuant to section 4042 or a vacancy of a clerk or machine inspector from any other cause occurring prior to the day of any primary or election may be filled by a student pursuant to section 402(b).3
(b) The first election board for any new district shall be selected, by the court of the proper county, of competent persons, qualified in accordance with the provisions of this act, who shall serve until the next municipal election at which all election officials are elected under the provisions of section 401.4
(c) Vacancies in election boards occurring at any time during the five days immediately preceding any primary or election or on the day of the primary or election may be filled by appointment by the county board of elections from a pool of competent persons who are qualified registered electors of the county and who have been trained by the county to perform the duties of election officers which are required by this act. Any person appointed to fill a vacancy in accordance with this subsection shall serve as a member of the election board on the day of the primary or election only. Any election board position filled in accordance with this subsection shall be deemed vacant on the day immediately following the primary or election and subsequently shall be filled in accordance with subsection (a).

Credits

1937, June 3, P.L. 1333, No. 320, art. IV, § 405. Amended 1959, April 22, P.L. 55, § 1. Affected 1978, April 28, P.L. 202, No. 53, § 2(a)[1193], effective June 27, 1978. Amended 1978, June 1, P.L. 456, No. 58, § 2, imd. effective; 2002, Dec. 9, P.L. 1246, No. 150, § 5, imd. effective.

Footnotes

25 P.S. § 2641.
25 P.S. § 2674.
25 P.S. § 2672.
25 P.S. § 2671.
25 P.S. § 2675, PA ST 25 P.S. § 2675
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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