8 Pa.C.S. Ch. 8

in effect

8 Pa.C.S. § 801 Eligibility.

(a) Residency.--The following shall apply: (1) Only registered electors of the borough shall be eligible to elective borough offices. (2) Except as provided under subsection (c) and 53 Pa.C.S. § 1142 (relating to residency during military service), before being sworn into office, each elected borough officer shall present a signed affidavit to the borough secretary that states that the officer resides in the borough, or within the ward in the case of a ward office, from which elected and has resided in the borough continuously for at least one year immediately prior to the officer's election. (b) Incompatible offices.--A school director or a trustee of a charter school may not be elected to an elective borough office. No individual may hold more than one elective borough office at the same time. (c) Exception.--A borough with a population of less than 150 may permit residents that have not resided in the borough continuously for at least one year immediately before the election to be eligible to hold office. (Mar. 28, 2024, P.L.2, No.2, eff. 60 days) 2024 Amendment. Act 2 amended subsec. (a). Special Provisions in Appendix. See sections 4(3)(iv) and 5 of Act 37 of 2014 in the appendix to this title for special provisions relating to continuation of prior law and applicability. References in Text. Act 54 of 2017 added 53 Pa.C.S. § 1142, which provides that "active military duty" shall not disqualify a person from fulfilling residency requirements for municipal elective office and that one who is a resident of a municipality for at least one year immediately prior to the person's absence due to active military duty shall be deemed to be an ongoing resident of the municipality for purposes of any residency requirement of office unless and until the person demonstrates an intent to establish a new domicile outside the municipality. Cross References. Section 801 is referred to in sections 816, 901 of this title.

8 Pa.C.S. § 802 Time and place.

Elections for borough officers shall be at the time and place designated by law for the holding of municipal elections.

8 Pa.C.S. § 803 Certificates.

Certificates of election of all borough officers shall be filed with the borough secretary and preserved among the records of the borough for a period of six years.

8 Pa.C.S. § 804 Term and bonds.

(a) Terms.--The following shall apply: (1) Except as provided under paragraph (2), an individual elected to a borough office shall serve for the term for which the individual was elected. (2) If a vacancy in office occurs, it shall be filled in the manner provided under this part. (b) Bonds.--The following shall apply: (1) Except as provided under paragraph (2), if an elected official of a borough is required to give a bond for the faithful performance of the elected official's duties, the borough may pay the premium for the bond. (2) A borough shall pay a proportionate share of the cost of a tax collector's bond within the same ratio as the amount of borough taxes bears to the total amount of all taxes indicated by the tax duplicate to be collected by the tax collector during the year preceding the date the premium is due. Cross References. Section 804 is referred to in section 1103 of this title.

8 Pa.C.S. § 805 Election after creation.

(a) Officers.--The officers of a borough provided for under section 806 (relating to officers elected) shall be elected at the appropriate municipal election and take office on the first Monday of January succeeding the election if any of the following occur: (1) A borough is incorporated under Subchapter A of Chapter 2 (relating to incorporation). (2) At least two boroughs are consolidated under 53 Pa.C.S. Ch. 7 Subch. C (relating to consolidation and merger). (3) A borough is created from a city of the third class under Subchapter C of Chapter 2 (relating to creation from cities of the third class). (b) Terms.--The following shall apply: (1) Except as provided under paragraph (2) and at the election under subsection (a), if a borough is not divided into wards, the following members shall be elected to coincide with the number of members of council elected in boroughs existing on January 1, 1966, under section 811 (relating to election): (i) Three or four members of council shall be elected for terms of two years each. (ii) Three or four members of council shall be elected for terms of four years each. (2) One member of council shall be elected from each ward for a term of two years and one member of council shall be elected from each ward for a term of four years in any of the following: (i) A consolidation of two or more boroughs into one borough. (ii) The creation of a borough from a city of the third class. (iii) If two members of council are to be elected from each ward. (3) In any borough under subsection (a), three auditors shall be elected as follows: (i) One for a term of two years. (ii) One for a term of four years. (iii) One for a term of six years. (4) Any officers of a borough not listed under this section shall be elected for terms of two or four years to coincide with the terms of officers elected under this part in the existing boroughs. Cross References. Section 805 is referred to in sections 211, 233 of this title.

8 Pa.C.S. § 806 Officers elected.

(a) Officers.--The electors of the borough may elect: (1) A mayor, who shall be elected at municipal elections every four years. (2) A tax collector, who shall be elected at municipal elections every four years and must be a properly qualified individual. A magisterial district judge may not hold the office of tax collector and the office of magisterial district judge at the same time. (3) Unless the borough provides for one appointed auditor under section 1005(7) (relating to powers of council), three auditors or one controller. The following shall apply: (i) In boroughs providing for three elected auditors, one auditor shall be elected at each municipal election for a term of six years. (ii) In boroughs providing for one elected controller, the controller shall: (A) be elected at the municipal election; (B) be a competent accountant and a registered elector of the borough for at least four years prior to the individual's election; and (C) serve for a term of four years. (4) Except as provided in section 818 (relating to change in number of members of council), in boroughs not divided into wards, seven members of council. (i) (Deleted by amendment). (ii) (Deleted by amendment). (5) As follows: (i) Except as provided under subparagraph (ii), in boroughs divided into wards, at least one and not more than two members of council in each ward. (ii) In boroughs in which prior to January 1, 1966, three members of council were elected in each ward, three members of council in each ward unless the number is reduced as provided under this part. Members of council shall: (A) be residents of the ward from which they are elected; and (B) be chosen by the electors of the ward. (b) Terms.--The term of an elected officer under this section shall begin the first Monday of January succeeding the individual's election. (Mar. 28, 2024, P.L.2, No.2, eff. 60 days) 2024 Amendment. Act 2 amended subsec. (a)(4). Cross References. Section 806 is referred to in section 805 of this title.

8 Pa.C.S. § 811 Election.

Biennially, at the municipal election, a sufficient number of members of council shall be elected to fill the places of members whose terms shall, under this part, expire on the first Monday of January following the election. Members elected under this section shall serve for a term of four years from the first Monday of January succeeding the municipal election. Cross References. Section 811 is referred to in section 805 of this title.

8 Pa.C.S. § 812 Election of members of council.

(a) General rule.--If council, by ordinance, divides any borough into wards, erects new wards out of two or more wards or parts of wards or divides a ward already erected into two or more wards, the ordinance shall provide for the election of an equal number of members of council, in each of the wards, in a manner as not to interfere with the terms of those previously elected. (b) Election of members.--The following shall apply: (1) If a borough is first divided into wards, the ordinance providing for the division shall fix the number of members of council in each ward at not more than two. If the entire number of council is to be composed of an even number, one-half of the entire number must be elected at each municipal election. If the entire number of council is to be an odd number, the ordinance shall establish two classes and provide that one-half of the entire number of members of council, less one, shall, as soon as possible, take their office in a year divisible by four, and the remaining number of members of council shall take their office in an even-numbered year not divisible by four. (2) The apportionment under paragraph (1) shall be equal or as nearly equal as possible representation by wards in each class. Biennially, at each municipal election, a sufficient number of members of council shall be elected, for the term of four years from the first Monday of January succeeding the election, to fill the places of those whose terms shall expire on the first Monday of January following the election.

8 Pa.C.S. § 813 Fixing number of members of council.

If, upon the division of a borough into wards or the creation of a new ward, the number of members of council cannot be equally divided among the wards of the borough, it shall be lawful for council to increase the number of council members to and not exceeding a number that will enable equal apportionment of the members among the several wards of the borough. If a borough is first divided into wards, the number of members of council provided for a ward may not exceed two.

8 Pa.C.S. § 814 Increase in number of ward council members.

Council may, upon petition of at least 5% of the registered electors of the borough, increase the number of members of council to any number not exceeding two for each ward. The sufficiency of the number of signers to the petition shall be ascertained as of the date when the petition is presented to council.

8 Pa.C.S. § 815 Decrease in number of ward council members.

(a) General rule.--If, in any borough divided into wards, the council consists of more than seven members, at least 5% of the registered electors of the borough shall have the power to petition council for a decrease in the number of members of council from each ward, except that the council may not consist of less than seven members. The purpose of the decrease may be to achieve any of the following results: (1) A council which is less unwieldy in size. (2) A council which is comparable in size to those in boroughs not divided into wards. (3) A council consisting of an odd number of members instead of an even number. (4) A reduction in borough expenditures. (5) The expedition of the conduct of council meetings. (b) Petitions.--A petition under subsection (a) shall clearly state whether the petitioners request that the number of members of the council to be elected in each ward shall be reduced from two to one, or from three to two or one, and the reasons why the reduction in number is desired. The petition may state whether it is necessary to add a council member or members to be elected at large in order to achieve or maintain a council consisting of at least seven members or to achieve or maintain a council consisting of an odd number of members. The sufficiency of the number of signers to the petition shall be ascertained as of the date the petition is presented to council. (c) Notice.--The council shall give notice of the filing of the petition by advertisement in the legal newspaper of the county, if one is published in the county, and in one newspaper of general circulation, and of a day and time for a public meeting. After the public meeting, council may, by ordinance, decrease the number of council members elected from each ward from two to one, or from three to two or one, and may also provide for the election at large of a member or members of council. (d) Terms.--Council shall, if necessary, establish a schedule for the subsequent at-large election of council members. The schedule may provide that the initial term of one or more of the council members subsequently elected at large shall be reduced to accommodate a schedule of staggered at-large elections to eventually ensure that, as nearly as possible, one-half of the members of council elected at large will be elected at each municipal election. The following shall apply: (1) At each municipal election in the borough, if there are two members from each ward, the electors of each ward shall elect one council member to hold office for a term of four years from the first Monday of January succeeding the election. (2) At each municipal election in the borough, if there is one member from each ward, the electors from each of the odd-numbered wards shall, at the first municipal election, elect one council member for a term of four years, and the electors from each of the even-numbered wards shall elect one council member for a term of two years. At each succeeding municipal election, the electors of the even-numbered wards or odd-numbered wards shall each elect one council member for a term of four years to take the place of those whose terms are about to expire. The council members shall take office on the first Monday of January following their election. (e) Reduction.--In a borough where, under this section, the number of council members shall be reduced, the council members then in office shall remain in office until the end of their respective terms.

8 Pa.C.S. § 816 Election of members of council where wards abolished.

(a) Abolishing.--If council, by ordinance, abolishes all wards in a borough, the ordinance shall provide for the election of seven members of council at large for the borough in a manner as not to interfere with the terms of those ward members of council previously elected. If there were previously: (1) Seven members of council, the ordinance shall provide that, at the first municipal election, the electors shall elect three or four members of council, as the case may be, the number to be elected shall be that which, when added to the number of members of council already in office whose terms are not about to expire, shall bring the membership of the council to seven. The newly elected members of council shall serve for terms of four years from the first Monday of January following the first municipal election, except that, in any case where the election of four members of council shall be required to bring the membership of council to its full complement of seven and only three members of council are elected at the municipal election in the other boroughs of the Commonwealth not divided into wards, three members of council shall be elected for four-year terms and one for a two-year term. At every succeeding municipal election, the electors shall elect three or four members of council, as the case may be, each to serve for a term of four years from the first Monday of January following the municipal election. (2) Eight or more members of council, the ordinance shall provide that, at the first municipal election, the electors shall elect a sufficient number of members of council that, when added to the number of members of council already in office whose terms are not about to expire, will bring the membership of the council to seven. The following shall apply: (i) The newly elected members of council shall serve for terms of four years from the first Monday of January following the first municipal election. At the second municipal election after the effective date of the ordinance, the electors shall elect a sufficient number of members of council, that, when added to the number of members of council elected at the previous municipal election, shall bring the membership of council to its full complement of seven. Some of the members of council elected at the second municipal election shall serve for a four-year term following the first Monday of January following the municipal election, and the remainder shall serve for a two-year term, in an amount to bring the number to be elected in the borough in succeeding municipal elections into conformity with the number elected in the other boroughs of the Commonwealth not divided into wards. (ii) In the third and all subsequent municipal elections following the effective date of the ordinance, the electors shall elect three or four members of council, as the case may be, each to serve for a term of four years from the first Monday of January following the municipal election. (iii) In any borough in which, under the ward system of electing members of council, there shall be seven or more members of council whose terms shall not expire on the first Monday of January following the first municipal election after the effective date of the ordinance, no members of council shall be elected at the first municipal election, and the members of council remaining in office shall constitute the council until the first Monday of January following the second municipal election following the effective date of the ordinance. (iv) At the second municipal election, seven members of council shall be elected in the borough, some to serve for a four-year term of office from the first Monday of January following the second municipal election, and the remainder to serve for a two-year term, in an amount to bring the number of members of council to be elected in the borough in succeeding elections into conformity with the number elected in other boroughs of the Commonwealth not divided into wards. (v) At the third and all subsequent municipal elections following the effective date of the ordinance, the electors shall elect three or four members of council, as the case may be, each to serve for a term of four years from the first Monday of January following the subsequent municipal election. (3) Six or fewer members of council, the ordinance shall provide that, at the first municipal election, the electors shall elect a sufficient number of members of council that, when added to the number of members of council already in office whose terms are not about to expire, shall bring the membership of council to its full complement of seven. Of the newly elected members of council, either three or four, as necessary to bring the number of members of council to be elected in the borough in succeeding municipal elections into conformity with the number elected in other boroughs of the Commonwealth not divided into wards, shall be elected for four-year terms of office, beginning the first Monday of January following the first municipal election, and the balance shall be elected for two-year terms. At the second municipal election following the effective date of the ordinance and at all subsequent municipal elections, the electors shall elect three or four members of council, as the case may be, to serve for a term of four years from the first Monday of January following the subsequent municipal election. (b) Vacancies.--At any time following the effective date of the ordinance, when a vacancy may occur in the office of a member of council originally elected or appointed from a particular ward, the individual appointed to fill the vacancy shall not be required to be a resident of the area formerly comprising the ward but shall be otherwise qualified for office as provided in section 801 (relating to eligibility).

8 Pa.C.S. § 817 Vacancies created after a primary election.

If a vacancy is created in the office of a member of council by any ordinance or decree of court as provided in this subchapter after a primary election, it may be filled by nomination made by the committee as is authorized by the rules of the party to make nominations in the event of vacancies on the party ticket.

8 Pa.C.S. § 818 Change in number of members of council.

(a) Petition by electors.--The court of common pleas shall, upon petition of at least 5% of the registered electors of any borough not divided into wards, certify the question of a proposal to reduce the total number of members of council for the borough to five or three or increase the total number of members of council for the borough to five or seven, as specified by the petition, to the board of election of the county for a referendum vote of the residents at the next general election held not sooner than the thirteenth Tuesday after the date of the petition. The sufficiency of the number of signers to the petition shall be ascertained as of the date when the petition is presented to court. Upon receipt of the certified election results, the court shall enter a final decree granting or denying the request of the petitioners. A petition under this section may not be considered more than once in five years. (b) Notice.--(Deleted by amendment). (c) Number to be elected by decree.--In its decree under subsection (a), the court shall establish a schedule for the subsequent election of council members at the next two municipal elections. The members of council then in office shall remain in office until the end of their respective terms. Thereafter, the schedule may provide that the initial term of one or more of the council members subsequently elected be reduced to accommodate a schedule of staggered at-large elections to eventually ensure that, as nearly as possible, one-half of the members of council elected will be elected at each municipal election. At all following municipal elections, the proper number of members of council shall be elected to correspond to the number of members of council whose terms are to expire the first Monday of the following January. (d) (Reserved). (e) Terms.--In any borough in which, under this section, the number of members of council shall be reduced or increased, the members of council then in office shall remain in office until the end of their respective terms. (June 5, 2020, P.L.211, No.28, eff. 60 days; Mar. 28, 2024, P.L.2, No.2, eff. 60 days) Cross References. Section 818 is referred to in section 806 of this title.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=08Fetched: 10/16/2026