PRINTER'S NO. 943
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
783
Session of
2015
INTRODUCED BY WOZNIAK, McGARRIGLE, BLAKE AND EICHELBERGER,
MAY 15, 2015
REFERRED TO LOCAL GOVERNMENT, MAY 15, 2015
AN ACT
Amending the act of July 28, 1953 (P.L.723, No.230), entitled,
as amended, "An act relating to counties of the second class
and second class A; amending, revising, consolidating and
changing the laws relating thereto," in county commissioners
and chief clerk, further providing for vacancy in the office
of county commissioner.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 501 of the act of July 28, 1953 (P.L.723,
No.230), known as the Second Class County Code, is amended to
read:
Section 501. Election[; Vacancies].--[(a)] Three county
commissioners shall be elected in the county in the year one
thousand nine hundred and fifty-five and every fourth year
thereafter. In the election of commissioners, each qualified
elector shall vote for no more than two persons. The three
persons having the highest number of votes shall be elected.
[(b) Any vacancy in the office of county commissioners shall
be filled for the balance of the unexpired term by the court of
common pleas of the county, by the appointment of an elector of
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the county who voted for the commissioner whose place is to be
filled.]
Section 2. The act is amended by adding a section to read:
Section 501.1. Vacancies.--(a) If a vacancy occurs in the
office of county commissioner by death, resignation, removal
from the county or by failure to take the required oath or to
give bond as provided by law or ordinance, or in another manner,
the following shall apply:
(1) The two remaining commissioners shall direct the chief
clerk to request that the county committee of the political
party or political body of the vacated commissioner at the time
the vacated commissioner was elected submit a list of three
names to be chosen through a conference process or another
process as provided in the bylaws of the political party or
political body. The committee shall submit the names within
thirty (30) days of the vacancy and may rank them in order of
preference. The names provided in accordance with this paragraph
shall constitute the exclusive candidates for appointment to
fill the vacancy by the two remaining commissioners, the vacancy
board and the court. As used in this paragraph, the terms
"political party" or "political body" shall have the meanings
given to them in section 801 of the act of June 3, 1937
(P.L.1333, No.320), known as the "Pennsylvania Election Code."
(2) The two remaining county commissioners shall appoint a
successor within forty-five (45) days after the vacancy occurs.
If the two remaining county commissioners fail to make the
appointment within forty-five (45) days, the appointment shall
be made by the vacancy board within fifteen (15) days after the
expiration of the forty-five (45) day period. The vacancy board
shall consist of the two remaining county commissioners and the
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one elector of the county, who shall be appointed by the county
commissioners at the board's first meeting each calendar year or
as soon after that is practical and who shall act as chairperson
of the vacancy board. If the vacancy board fails to fill the
position within fifteen (15) days after the expiration of the
forty-five (45) day period, the chairperson or, if there is a
vacancy in the position of chairperson, the remaining members of
the vacancy board shall petition the court of common pleas to
fill the vacancy.
(3) If two or more vacancies exist in the office of county
commissioner, the court of common pleas shall fill the vacancies
upon presentation of a petition signed by not less than fifteen
electors of the county. Upon receipt of the petition, the court
shall request names from the appropriate county committee as
provided under paragraph (1).
(b) If a county committee has not provided names in
accordance with subsection (a), or if the commissioner whose
office is vacant is not a member of a political party or a
political body, a successor qualified under subsection (c) may
be appointed to fill the vacancy.
(c) A successor appointed to fill a vacancy in accordance
with this section shall:
(1) Be at least eighteen years of age, a citizen of the
United States and a resident of the county.
(2) Have resided within the county for one year next
preceding the successor's appointment.
(3) Be a registered elector of the county and a member of
the same political party or political body as the commissioner
whose place is to be filled at the time the commissioner was
elected. If the commissioner vacating office was independent of
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a political affiliation or was affiliated with a political
organization other than a political party or political body, the
successor shall be of the same affiliation if an available
candidate is otherwise qualified under this subsection.
(4) Hold the office for the balance of the unexpired term.
Section 3. This act shall take effect in 60 days.
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