AN ACT

 

1Amending Title 53 (Municipalities Generally) of the Pennsylvania
2Consolidated Statutes, further providing for initiative of
3electors seeking consolidation or merger with new home rule
4charter.

5The General Assembly of the Commonwealth of Pennsylvania
6hereby enacts as follows:

7Section 1. Section 735.1(e)(3) and (g)(1) of Title 53 of the
8Pennsylvania Consolidated Statutes are amended to read:

9§ 735.1. Initiative of electors seeking consolidation or merger
10with new home rule charter.

11* * *

12(e) Election of members of commission.--

13* * *

14(3) Each elector shall be instructed to vote on the
15question and, regardless of the manner of his vote on the
16question, to vote for the designated number of members of the
17commission who shall serve if the question is or has been
18determined in the affirmative by the majority of the whole of 
19those voting in all the municipalities impacted by the 

1consolidation or merger.

2* * *

3(g) Results of election.--

4(1) The result of the votes cast for and against the
5question as to the election of a commission and consolidation
6and merger proceedings shall be returned by the election
7officers, and a canvass of the election had, as is provided
8by law in the case of other public questions put to the
9electors. The votes cast for members of the commission shall
10be counted and the result returned by the county board of
11electors of the county in which the municipality, or the
12greater portion of its territory, is located, and a canvass
13of the election had, as is provided by law in the case of
14election of members of municipal councils or boards. If a 
15majority of the whole in the municipalities proposed to be 
16consolidated or merged vote in the affirmative on the 
17question, then the commission shall be formed to study the 
18issue of consolidation or merger and to make recommendations 
19as set forth in the question. The designated number of
20candidates receiving the greatest number of votes shall be
21elected and shall constitute the commission. If a majority of
22[those] the whole in the municipalities voting on the
23question vote against the election of the commission, none of
24the candidates shall be elected. If two or more candidates
25for the last seat shall be equal in number of votes, they
26shall draw lots to determine which one shall be elected.

27* * *

28Section 2. This act shall take effect in 60 days.