1Amending the act of June 3, 1937 (P.L.1333, No.320), entitled
2"An act concerning elections, including general, municipal,
3special and primary elections, the nomination of candidates,
4primary and election expenses and election contests; creating
5and defining membership of county boards of elections;
6imposing duties upon the Secretary of the Commonwealth,
7courts, county boards of elections, county commissioners;
8imposing penalties for violation of the act, and codifying,
9revising and consolidating the laws relating thereto; and
10repealing certain acts and parts of acts relating to
11elections," further providing for vacancies in election
12boards and for election boards in new districts.

13The General Assembly of the Commonwealth of Pennsylvania
14hereby enacts as follows:

15Section 1.  Section 405 of the act of June 3, 1937 (P.L.1333,
16No.320), known as the Pennsylvania Election Code, amended
17December 9, 2002 (P.L.1246, No.150), is amended to read:

18Section 405.  Vacancies in Election Boards; Appointment;
19Judge and Majority Inspector to Be Members of Majority Party;
20Minority Inspector to Be Member of Minority Party.--(a)
21Vacancies in election boards existing by reason of the
22disqualification, removal, resignation or death of an election
23officer, or from any other cause, occurring prior to the fifth

1day before any primary or election, shall, in all cases, be
2filled by appointment, by the [court of the proper county]
3county board of elections, of competent persons, qualified in
4accordance with the provisions of this act, who shall serve for
5the unexpired term of the person whose place he is appointed to
6fill: Provided, however, That any district election officer who,
7after his election or appointment, changes his political
8affiliation, shall not thereby become disqualified to serve on
9said election board, and shall not thereby be subject to
10removal. In making such appointments, the [court] county board 
11of elections shall receive and consider any petitions filed by
12qualified electors of the district affected, and shall make no
13appointment to fill any vacancy unless notice of the time at
14which they will make such appointment shall have been posted on
15the polling place of such district, and in the immediate
16vicinity thereof, at least five days prior thereto. In the
17appointment of inspectors in any election district, both shall
18not be of the same political party at the time of said
19appointment, but one shall be of the party having the largest
20number of votes and the other shall be of the party having the
21second largest number of votes in said district at the last
22preceding November election, as nearly as the [judge or judges]
23county board of elections can ascertain the fact. The judge of
24election shall, in all cases of appointment, be of the political
25party having the majority of votes in said district at the last
26preceding November election, as nearly as the [judge or judges]
27county board of elections can ascertain the fact. Immediately
28upon the [entry of an order of court filling any vacancy on an
29election board, the clerk of said court shall forthwith transmit
30a certified copy of said order to the county board, giving the

1name and address of said appointee.] appointment by the county 
2board of elections filling any vacancy on an election board, the 
3county board shall amend its records to include the name and 
4address of said appointee. Notwithstanding any provisions to the
5contrary, in counties which have adopted home rule charters or
6optional plans and which appoint the members of the county
7election board under section 301(b), vacancies in the county
8board of elections shall be filled consistent with the
9provisions for appointment of county election board members
10under that section.

11(a.1)  Vacancies in county boards existing by reason of the
12disqualification, removal, resignation or death of a clerk or
13machine inspector appointed pursuant to section 404 or a vacancy
14of a clerk or machine inspector from any other cause occurring
15prior to the day of any primary or election may be filled by a
16student pursuant to section 402(b).

17(b)  The first election board for any new district shall be
18selected, by the [court of the proper county] county board of 
19elections, of competent persons, qualified in accordance with
20the provisions of this act, who shall serve until the next
21municipal election at which all election officials are elected
22under the provisions of section 401.

23(c)  Vacancies in election boards occurring at any time
24during the five days immediately preceding any primary or
25election or on the day of the primary or election may be filled
26by appointment by the county board of elections from a pool of
27competent persons who are qualified registered electors of the
28county and who have been trained by the county to perform the
29duties of election officers which are required by this act. Any
30person appointed to fill a vacancy in accordance with this

1subsection shall serve as a member of the election board on the
2day of the primary or election only. Any election board position
3filled in accordance with this subsection shall be deemed vacant
4on the day immediately following the primary or election and
5subsequently shall be filled in accordance with subsection (a).

6Section 2.  This act shall take effect in 60 days.