11 Pa.C.S. Ch. 104

in effect

11 Pa.C.S. § 10401 General power of council.

(a) Power.--In addition to reapportionment of wards under 53 Pa.C.S. Ch. 9 (relating to municipal reapportionment) and section 11 of Article IX of the Constitution of Pennsylvania, a council may, with or without a petition as provided under section 10401.1 (relating to petition of registered voters) and subject to approval by the registered voters as provided under section 10407 (relating to voting procedures), create a new ward, divide a ward or wards or detach part of a ward and attach it to another ward, in accordance with this chapter. (b) Registered voter requirement.--A new ward must contain at least 300 registered voters according to the last general or municipal election. (c) Size.--Each ward in a city shall be numbered and composed of compact and contiguous territory as nearly equal in population as practicable and as officially and finally reported in the most recent Federal decennial or special census. Cross References. Section 10401 is referred to in sections 10401.1, 10403 of this title.

11 Pa.C.S. § 10401.1 Petition of registered voters.

(a) Initiation of proceedings.--Registered voters may petition council to initiate proceedings under section 10401 (relating to general power of council) to create new wards, divide a ward or wards or detach part of a ward and attach it to another ward as follows: (1) One hundred registered voters may petition council to create or divide a ward if: (i) In the case of a petition proposing to create a ward, the petitioners reside in the portion of the city which the petition proposes to create as a ward. (ii) In the case of a petition proposing to divide a ward, the petitioners reside in the ward which the petition proposes to divide. (2) Twenty-five registered voters may petition to detach part of one ward and attach the detached part to another ward if the petitioners reside in the part of the ward that is proposed to be detached. (b) Council.--Council shall determine, by motion approved by a majority of council and within 90 days of presentment of the petition, whether to initiate proceedings under section 10401. If the motion is in favor of initiating proceedings, council shall appoint a commission in accordance with section 10403 (relating to appointment of commission). (c) Court of common pleas.--If council has not approved a motion within 90 days after the presentment of a petition under subsection (a), 10 registered voters may petition the court of common pleas and contest the existing apportionment as violating section 10401. The proceedings before the court shall be conducted in accordance with 53 Pa.C.S. §§ 906 (relating to contest of reapportionment by governing body) and 907 (relating to costs and expenses of contest). Cross References. Section 10401.1 is referred to in section 10401 of this title.

11 Pa.C.S. § 10403 Appointment of commission.

(a) Report and recommendation.--If council initiates proceedings under section 10401 (relating to general power of council), council shall appoint as commissioners five impartial registered voters who are residents of the city to make a report and recommendation concerning the necessity, desirability and feasibility of proposed wards. (b) Residency.--Except as provided under subsection (c), a commissioner under subsection (a) may not be a resident of a ward which will be affected by the petition. (c) Exception.--If a city has less than four wards, a commissioner appointed under subsection (a) must be selected from the city at large and may be a resident of a ward which will be affected by the petition. Cross References. Section 10403 is referred to in sections 10401.1, 10403.2 of this title.

11 Pa.C.S. § 10403.1 Expenses of commissioners.

Council must make an appropriation for reasonable expenses incurred by commissioners for service under this chapter. Each commissioner shall submit for approval an itemized account of the commissioner's expenses to the city controller.

11 Pa.C.S. § 10403.2 Report.

(a) Contents.-- (1) The commissioners appointed by council under section 10403(a) (relating to appointment of commission) shall examine the premises and prepare a report which shall include a draft of each ward affected by the proposed creation, division or detachment showing the following: (i) The division or change or the lines of each ward as affected by the separation and attachment. (ii) The population contained within each affected ward using figures officially and finally reported in the most recent Federal decennial or special census. (2) The report under paragraph (1) shall be submitted to council and shall include a recommendation reflecting the decision of a majority of the commissioners concerning the proposed creation, division or detachment of a ward. (b) Territory.--Consistent with the standards applied in municipal reapportionment under 53 Pa.C.S. § 903(b) (relating to reapportionment by governing body), a report under subsection (a) may not recommend the creation, division or detachment of a ward unless the result of implementing the report and recommendation would be that each ward in the city is composed of compact and contiguous territory as nearly equal in population as practicable as officially and finally reported in the most recent Federal decennial or special census. (c) Submittal.--Upon receipt of a report under subsection (a), council shall, by motion, determine whether to submit the question of the proposed creation, division or detachment of a ward as provided in the report to the registered voters of the city in accordance with section 10404 (relating to election). Cross References. Section 10403.2 is referred to in section 10404 of this title.

11 Pa.C.S. § 10404 Election.

(a) Certification.--If, based upon the report under section 10403.2 (relating to report), council decides to proceed, council shall certify to the county board of elections the question of the creation, division or detachment of the ward to be submitted to the registered voters of each ward which are the subject of the report at the general or municipal election occurring not less than 90 days after the report was approved by council. (b) Ballot.--The county board of elections shall place the question of approving the creation, division or detachment of a ward on the ballot in each ward or parts of a ward that will be affected by the question at the appropriate election in the manner provided under the Pennsylvania Election Code. Cross References. Section 10404 is referred to in section 10403.2 of this title.

11 Pa.C.S. § 10405 Notice of election and review of report.

(a) Publication.--A city must publish a notice of election in a newspaper of general circulation at least 15 days prior to the date that the question of approving the creation, division or detachment of a ward is to be presented at the specified general or municipal election. (b) Contents.--An election notice under subsection (a) must contain a statement of the issue to be submitted to the registered voters at the election, including each ward or parts of a ward to be affected and the date on which the election is to be held. The notice shall reference the report and specify that it is available for review and copying as a public record under the act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.

11 Pa.C.S. § 10406 Election laws.

Each matter relating to the election at which the question of approving the creation, division or detachment of a ward or is to be presented to the voters shall be governed by the Pennsylvania Election Code.

11 Pa.C.S. § 10407 Voting procedures.

(a) Publication.--The county board of elections must tabulate and publish the results of the referendum in a newspaper of general circulation within 30 days of the election. A certified copy of the results shall be placed on record with the minutes of council. (b) Positive vote.--If a majority voted in favor of creating or dividing a ward or the detachment of a part of a ward to be attached to another ward, council shall proceed to create or divide a ward or detach a part of a ward to be attached to another ward in accordance with the report and shall number the new wards if necessary. (c) Negative vote.--If a majority voted against creating or dividing a ward or the detachment of a part of a ward to be attached to another ward, further action may not be taken and a new petition on the same question may not be resubmitted until two years from the date of the election. Cross References. Section 10407 is referred to in section 10401 of this title.

11 Pa.C.S. § 10408 Change of ward lines by council.

If council determines during proceedings for the division or creation of a ward that any of the boundaries or divisions are uncertain, council must determine the relocation of the line to conform as nearly as possible to the previously determined boundary lines so that each ward in the city is composed of compact and contiguous territory as nearly equal in population as practicable as officially and finally reported in the most recent Federal decennial or special census.

11 Pa.C.S. § 10409 Pennsylvania Election Code.

Nothing under this chapter shall be construed as affecting the powers and duties of the court of common pleas or the county board of elections and restrictions on alteration of election districts as provided under Article V of the Pennsylvania Election Code.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=11Fetched: 10/16/2026