53 Pa.C.S. Ch. 9

in effect

53 Pa.C.S. § 901 Short title and scope of chapter.

(a) Short title of chapter.--This chapter shall be known and may be cited as the Municipal Reapportionment Act. (b) Scope of chapter.--This chapter applies to the following entities: (1) Municipalities. (2) Units of government created and existing under Subpart E of Part III (relating to home rule and optional plan government). (3) Similar general purpose units of local government created by statute. § 902. Definitions. The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: "District." Includes a ward whenever wards are used as a subdivision for the election of members of the governing body. "Governing body." A board of county commissioners, city council, borough council, incorporated town council, board of township commissioners or board of township supervisors, the governing council of any unit of government created and existing under Subpart E of Part III (relating to home rule and optional plan government) or the governing council of any similar general purpose unit of government created by statute.

53 Pa.C.S. § 902 Definitions.

§ 903. Reapportionment by governing body. § 904. Reapportionment by court upon petition. § 905. Compensation of commissioners and payment of costs. § 906. Contest of reapportionment by governing body. § 907. Costs and expenses of contest. § 908. Retention in office and new elections.

53 Pa.C.S. § 903 Reapportionment by governing body.

(a) General rule.--Within the year following that in which the Federal census, decennial or special, is officially and finally reported and at such other times as the governing body deems necessary, each entity having a governing body not entirely elected at large shall be reapportioned into districts by its governing body. The governing body shall number the districts. (b) Composition of districts.--Districts shall be composed of compact and contiguous territory as nearly equal in population as practicable as officially and finally reported in the most recent Federal census, decennial or special. Cross References. Section 903 is referred to in sections 906, 2941 of this title; section 10403.2 of Title 11 (Cities).

53 Pa.C.S. § 904 Reapportionment by court upon petition.

(a) Petition.--If there has not been a reapportionment by the governing body within the year following that in which the Federal census, decennial or special, is officially and finally reported, a petition signed by one or more electors who are residents of the entity may be submitted to the court of common pleas which may then reapportion in accordance with this chapter. (b) Appointment of commissioners.--Upon receiving the petition to reapportion, the court may appoint three impartial persons as commissioners. (c) Report to court.--The commissioners appointed by the court or any two of them shall make a report to the court within the time the court directs and shall include with it a plot showing the boundaries of the present districts and a plot showing the districts as proposed by them, along with pertinent information relating to population and area of the proposed districts. (d) Action on report.--Upon presentation, the court shall confirm the report nisi and shall direct that notice of the filing of the report shall be given by publication once in a newspaper of general circulation stating that exceptions may be filed to the report within 30 days after the report was filed. If no exceptions are filed or if the court dismisses the exceptions, the court shall confirm the report absolutely and issue a decree. The court in its decree shall designate a number for each of the districts. Cross References. Section 904 is referred to in section 906 of this title.

53 Pa.C.S. § 905 Compensation of commissioners and payment of costs.

(a) Compensation of commissioners.--The commissioners appointed by the court shall each receive compensation for their services as the court shall fix. (b) Payment of costs and expenses.--All cost and expenses incurred in the proceedings to reapportion shall be paid by the entity.

53 Pa.C.S. § 906 Contest of reapportionment by governing body.

(a) General rule.--In the event there has been a reapportionment by the governing body pursuant to section 903(a) (relating to reapportionment by governing body) or 904 (relating to reapportionment by court upon petition), the reapportionment may be contested as not being in compliance with the criteria for reapportionment as set forth in section 903(b). (b) Petition to court.--In order to contest a reapportionment, a petition signed by ten electors who are residents of the entity shall be submitted to the court of common pleas. (c) Action on petition.--The court shall review the reapportionment plan and either accept the reapportionment plan and dismiss the petition or reject the reapportionment plan and return it to the local governing body for correction and resubmission to the court. (d) Appointment of commissioners.--If the court sets the reapportionment aside, the court may appoint three impartial persons as commissioners. (e) Report to court.--The commissioners appointed by the court or any two of them shall make a report to the court within the time the court directs and shall include with it a plot showing the boundaries of the present districts and a plot showing the districts as proposed by them, along with pertinent information relating to population and area of the proposed districts. (f) Action on report.--Upon presentation, the court shall confirm the report nisi and shall direct that notice of the filing of the report shall be given by publication once in a newspaper of general circulation stating that exceptions may be filed to the report within 30 days after the report was filed. If no exceptions are filed or if the court dismisses the exceptions, the court shall confirm the report absolutely and issue a decree. The court in its decree shall designate a number for each of the districts. Cross References. Section 906 is referred to in section 907 of this title; section 602 of Title 8 (Boroughs and Incorporated Towns); section 10401.1 of Title 11 (Cities); section 1502 of Title 73 (Townships).

53 Pa.C.S. § 907 Costs and expenses of contest.

(a) General rule.--All cost and expenses incurred in a proceeding described in section 906 (relating to contest of reapportionment by governing body) challenging a reapportionment shall be paid by the entity or the petitioners as the court directs, but, if the court reapportions the entity, the costs and expenses shall be paid by the entity. (b) Bond to secure payment.--If a reapportionment is challenged by petition as described in section 906, the petitioners may be required to post a bond set by the court to secure the payment of costs and expenses. Cross References. Section 907 is referred to in section 602 of Title 8 (Boroughs and Incorporated Towns); section 10401.1 of Title 11 (Cities); section 1502 of Title 73 (Townships).

53 Pa.C.S. § 908 Retention in office and new elections.

(a) Retention of existing members in office.--The members of the governing body in office at the time of the reapportionment shall retain their offices until the end of their respective terms. (b) Election of members following reapportionment.--The election of members of the governing body under the reapportionment shall be held in accordance with law relating to the entity and the act of June 3, 1937 (P.L.1333, No.320), known as 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=53Fetched: 10/16/2026