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PRINTER'S NO. 438
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
422
Session of
2017
INTRODUCED BY GABLER, ENGLISH, GILLEN, IRVIN, LONGIETTI, WARD
AND WHEELAND, FEBRUARY 10, 2017
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, FEBRUARY 10, 2017
AN ACT
Amending the act of June 24, 1931 (P.L.1206, No.331), entitled
"An act concerning townships of the first class; amending,
revising, consolidating, and changing the law relating
thereto," in election of officers and vacancies in office,
further providing for electors only eligible and for
vacancies in general.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 501 and 530 of the act of June 24, 1931
(P.L.1206, No.331), known as The First Class Township Code, are
amended to read:
Section 501. [Electors Only Eligible.--No person shall be
eligible to any elective office in any township unless he is a
registered elector of the township for which he is chosen.]
Eligibility.--(a) Only a registered elector of a township may
be eligible to an elective office in the township. Before being
sworn into office each elected township officer, or appointed
township officer in case of a vacancy, shall present a signed
affidavit to the township secretary stating that the officer
resides in the township, or within the ward in the case of a
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ward office, from which elected and has resided in the township
or ward continuously for at least one year immediately prior to
the officer's election or appointment. In the case of a newly
created ward in existence for less than one year at the time of
a township officer's election or appointment, the affidavit
shall state that the officer has resided within the township
continuously for at least one year immediately prior to the
officer's election or appointment and within the ward from the
date of the ward's creation continuously until the officer's
election or appointment.
(b) If an individual elected to office fails to give the
required bond, take the required oath or provide a signed
affidavit, a vacancy is created in the office for which the
individual was elected and the vacancy shall be filled as
provided in section 530.
Section 530. Vacancies in General.--(a) [When a] If a
vacancy occurs in the office of township commissioner[, auditor,
controller,] or tax collector[, or assistant auditor by reason
of] by death, resignation, removal provided in section 604,
termination of residency from the township or ward in the case
of a ward office, or by failure to take the required oath, give
required bond or provide the affidavit required under section
501, or otherwise, the board of township commissioners [of such
township shall fill such] shall fill the vacancy within thirty
(30) days by appointing by resolution a registered [voter]
elector of the [ward or township, as the case may be,] township
or ward in the case of a ward office, in which the vacancy
occurs.
(b) If the board of township commissioners of any township
shall refuse, fail, or neglect, or be unable for any reason
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whatsoever, to fill [such] a vacancy within thirty (30) days
after the vacancy occurs, then the vacancy board shall fill the
vacancy within fifteen (15) additional days by appointing a
registered elector of the [ward or township, as the case may
be,] township or ward in which the vacancy occurs. The vacancy
board shall consist of the board of commissioners and one
registered elector of the township, who shall be appointed by
the board of township commissioners at the board's first meeting
each calendar year or as soon thereafter as practical[, and
who]. The registered elector shall act as [chairman] chairperson
of the vacancy board and shall serve as the chairperson until
the chairperson's successor is appointed.
(b.1) If the vacancy board does not fill the vacancy within
[the prescribed time, the chairman] fifteen (15) days, the
chairperson shall, or in the case of a vacancy in the
[chairmanship] chairperson the remaining members of the vacancy
board shall, petition the court of common pleas to fill the
vacancy by appointing a registered elector of the [ward or
township, as the case may be] township or ward, in which the
vacancy occurs.
(b.2) [In the case where] If there are vacancies in a
majority of the offices of commissioners, the court of common
pleas shall fill [such] the vacancies upon presentation of a
petition signed by not less than fifteen (15) registered
electors of the township.
(b.3) [In all cases, the person so appointed] The registered
elector appointed to fill a vacancy shall hold the office [if
the term thereof continues so long,] until the first Monday in
January after the first municipal election occurring more than
sixty (60) days after the vacancy occurs, at which election an
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eligible person shall be elected to the office for the remainder
of the term [and]. The appointed registered elector shall have
been a resident of the township or ward continuously for at
least one (1) year [before his] immediately prior to the
appointment. [In townships divided into wards, all appointed
commissioners shall reside in the ward in which the vacancy
occurred and shall have resided in said ward continuously for at
least one (1) year before appointment.
(c) No person who was convicted of or pled guilty or no
contest to a felony shall be eligible for appointment to fill a
vacancy on the board of commissioners for a period of three (3)
years from the date of the conviction or plea.]
Section 2. This act shall take effect in 60 days.
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