PRINTER'S NO. 2815
No. 2191 Session of 1982
INTRODUCED BY RASCO, GAMBLE, POTT, IRVIS, PISTELLA AND HORGOS,
JANUARY 26, 1982
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, JANUARY 26, 1982
AN ACT
1 Amending the act of April 13, 1972 (P.L.184, No.62), entitled
2 "An act giving municipalities the right and power to adopt
3 home rule charters or one of several optional plans of
4 government and to exercise the powers and authority of local
5 self-government subject to certain restrictions and
6 limitations; providing procedures for such adoption and
7 defining the effect thereof," regulating time of petitions.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Subsection (b) of section 201, act of April 13,
11 1972 (P.L.184, No.62), known as the "Home Rule Charter and
12 Optional Plans Law," amended July 3, 1974 (P.L.421, No.149), is
13 amended to read:
14 Section 201. * * *
15 (b) A referendum petition under this section shall be filed
16 not later than the thirteenth Tuesday prior to the election, and
17 the petition and the proceedings therein shall be in the manner
18 and subject to the provisions of the election laws which relate
19 to the signing, filing and adjudication of nomination petitions
20 in so far as such provisions are applicable, except that no
1 referendum petition shall be signed or circulated prior to the
2 twentieth Tuesday before the election nor later than the
3 thirteenth Tuesday before the election and no candidate's
4 nomination petition shall be signed or circulated prior to the
5 thirteenth Tuesday before the election nor later than the tenth
6 Tuesday before the election and shall be filed on or before the
7 tenth Tuesday before the election.
8 Section 2. Section 232 of the act, amended December 13, 1974
9 (P.L.958, No.314), is amended to read:
10 Section 232. A petition containing a proposal for referendum
11 on the question of amending a home rule charter or an optional
12 plan of government signed by electors comprising ten per cent of
13 the number of electors voting for the Office of Governor in the
14 last gubernatorial general election in the municipality, or an
15 ordinance of the municipal governing body proposing amendment of
16 a home rule charter or an optional plan, [may] shall be filed
17 with the election officials [at least ninety days] not later
18 than the thirteenth Tuesday prior to the next primary, municipal
19 or general election. The petition and the proceedings therein
20 shall be in the manner and subject to the provisions of the
21 election laws which relate to the signing, filing and
22 adjudication of nomination petitions insofar as such provisions
23 are applicable, except that no referendum petition shall be
24 signed or circulated prior to the twentieth Tuesday before the
25 election nor later than the thirteenth Tuesday before the
26 election. The name and address of the person filing the petition
27 shall be clearly stated on the petition.
28 The election officials shall review the initiative petition
29 as the number and qualifications of signers. If the petition
30 appears to be defective, the election officials shall
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1 immediately notify the persons filing the petition of the
2 defect. When the election officials find that the petition as
3 submitted is in proper order, they shall send copies of the
4 initiative petition without signatures thereon to the governing
5 body of the municipality and to the Secretary of Community
6 Affairs. The initiative petition as submitted to the election
7 officials, along with a list of signatories, shall be open to
8 inspection in the office of the election officials.
9 Section 3. Section 233 of the act, amended December 13, 1974
10 (P.L.958, No.314), is amended to read:
11 Section 233. A referendum on the question of the amendment
12 of a home rule charter or an optional plan of government shall
13 be held when the election officials find that the initiative
14 petition or ordinance of the governing body is in proper order,
15 and the referendum shall be governed by the provisions of the
16 Pennsylvania Election Code. The election officials shall cause
17 the question to be submitted to the electors of the municipality
18 at the next primary, general or municipal election occurring not
19 less than [sixty days] the thirteenth Tuesday following the
20 filing of the initiative petition or ordinance with the election
21 board. At such election, the question shall be submitted to the
22 voters in the same manner as other questions are submitted under
23 the provisions of the Pennsylvania Election Code. The election
24 board shall frame the question to be placed upon the ballot.
25 Section 4. This act shall take effect in 60 days.
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