THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY ERICKSON, WOZNIAK, ROBBINS, EICHELBERGER AND BLAKE, APRIL 25, 2011

REFERRED TO LOCAL GOVERNMENT, APRIL 25, 2011  

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," 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

the county who voted for the commissioner whose place is to be

filled.] If any vacancy shall occur 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 any other manner whatsoever, the

remaining county commissioners may appoint a successor and, upon

the failure of the remaining county commissioners to make the

appointment within thirty days after the vacancy occurs, the

vacancy shall be filled within fifteen additional days by the

vacancy board. The vacancy board shall consist of the remaining

county commissioners and 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 as practical

and who shall act as chairperson of the vacancy board. If the

vacancy board fails to fill the position within fifteen days,

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. 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.

(c)  With regard to the successor appointed in accordance

with subsection (b) to fill a vacancy in the office of county

commissioner, the following shall apply:

(1)  The successor shall be at least eighteen years of age, a

citizen of the United States and a resident of the county, and

shall have resided within the county for one year next preceding

appointment.

(2)  The successor shall be a registered elector of the

county and shall be a member of the same political party as was

the commissioner whose place is to be filled at the time the

commissioner was elected.

(3)  The successor shall hold the office for the balance of

the unexpired term.

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