§ 3153.  Retention elections after regular term.

(a)  General rule.--A judge elected under section 3131 (relating to selection of judicial officers for regular terms) or retained under this section may file a declaration of candidacy for retention election with the Secretary of the Commonwealth on or before the first Monday of January of the year preceding the year in which his term of office expires. If no declaration is filed, a vacancy shall exist upon the expiration of the term of office of such judge, to be filled by election under section 3131(c).

(b)  Judicial ballot.--If a judge files a declaration, his name shall be submitted to the electors without party designation, as a separate judicial question or in a separate column or line on voting machines, at the municipal election immediately preceding the expiration of the term of office of the judge, to determine only the question whether he shall be retained in office.

(c)  Results of election.--If a majority is against retention, a vacancy shall exist upon the expiration of his term of office, to be filled by appointment under section 3132(a) (relating to vacancies in office). If a majority favors retention, the judge shall serve for the regular term of office provided for in section 3152 (relating to tenure of judicial officers), unless sooner removed or retired. At the expiration of each term a judge shall be eligible for retention as provided in this section, subject only to the retirement provisions of this part.


(Apr. 28, 1978, P.L.202, No.53, eff. 60 days)


1978 Amendment.  Act 53 amended the section heading.

Cross References.  Section 3153 is referred to in sections 3131, 3132 of this title.