73 Pa.C.S. Ch. 17

in effect

73 Pa.C.S. § 1701 Eligibility.

(a) General rules.-- (1) Only a registered elector of a township may be eligible to an elective office in the township. (2) Before being sworn into office, each elected township officer, or, except as provided under section 1711 (relating to vacancies), each appointed township officer in case of a vacancy in an elective office, shall present a signed affidavit to the township secretary stating that the officer resides in the township, or within the ward in the case of a ward office, from which elected or appointed and has resided in the township or ward continuously for at least one year immediately prior to the officer's election or appointment. (3) In the case of a newly created ward in existence for less than one year at the time of a township officer's election or appointment, the affidavit under paragraph (2) shall state that the officer has resided within the township continuously for at least one year immediately prior to the officer's election or appointment and within the ward from the date of the ward's creation continuously until the officer's election or appointment. (b) Vacancy for failure to satisfy requirements of office.--If an individual elected to office, or appointed to an elective office, fails to give the required bond, take the required oath or provide a signed affidavit, a vacancy is created in the office for which the individual was elected or appointed, and the vacancy shall be filled as provided in section 1711. (c) More than one office prohibited.--No individual may hold more than one elective township office at the same time. Cross References. Section 1703 is referred to in sections 1711, 2921 of this title.

73 Pa.C.S. § 1702 Term of office.

Except if a vacancy in office occurs under section 1711 (relating to vacancies), officers shall hold office for the term for which the individual was elected. Officers shall not serve longer than the first Monday of January succeeding the municipal election at which a successor was elected.

73 Pa.C.S. § 1703 Elected officers.

(a) General rule.--The electors of each township shall elect: (1) At least five township commissioners, and the following shall apply: (i) In townships divided into wards but having fewer than five wards, the number of commissioners shall be five. One commissioner shall be elected from each ward, and the remaining number of commissioners, to which the township is entitled, shall be elected at large. In townships having five or more wards, one commissioner shall be elected from each ward. Township commissioners shall be elected at municipal elections, preceding the expiration of the terms of commissioners then in office, for terms of four years each. Commissioners from odd-numbered wards shall be elected at alternate municipal elections than the municipal elections at which commissioners from even-numbered wards are elected. Elections at large shall be held at the municipal election preceding the expiration of the term of any commissioner elected at large. (ii) In townships not divided into wards, there shall be five township commissioners who shall be elected at large by the electors of the township. At each municipal election, two or three township commissioners, as the case may be, shall be elected for terms of four years each to take the place of the commissioners whose terms then expire. (2) One township tax collector, and the following shall apply: (i) The township tax collector shall be elected at municipal elections every four years. An individual must be a qualified tax collector or, in the case of an individual appointed to fill a vacancy in the office of tax collector, become a qualified tax collector, in accordance with the act of May 25, 1945 (P.L.1050, No.394), known as the Local Tax Collection Law. (ii) If no individual is elected to the position of tax collector in the municipal election, or if the position of tax collector becomes vacant, the board of commissioners may, by resolution, appoint an individual or person to collect taxes. If a person other than an individual is appointed, the person shall post bonds to the same extent as would an individual appointed to fill the vacancy and as further provided by terms and conditions as specified by the board of commissioners. Notwithstanding the Local Tax Collection Law, if a person other than an individual is appointed as a tax collector, no individual employed by the appointed tax collector or any of the appointed tax collector's officers shall be required to be or become a qualified tax collector or to file criminal history record information. (3) Three elected auditors, and the following shall apply: (i) At each municipal election, one auditor shall be elected for a term of six years. No auditor shall at the same time hold any other elective or appointive office. (ii) The board of commissioners may provide by ordinance for the appointment of an independent auditor, in lieu of providing for the election of three auditors, as provided in subparagraph (i) or one controller as provided in paragraph (4). After enactment of the ordinance, an independent auditor shall be appointed annually by resolution at least 30 days prior to the close of the fiscal year. The office of elected auditor is abolished upon the appointment of an independent auditor. (iii) The board of commissioners shall have the right at any time to repeal the ordinance providing for the appointed independent auditor, whereupon three auditors shall be elected at the next municipal election following the repeal of the ordinance, to whom the following shall apply: (A) One elected auditor shall serve a term of two years. (B) One elected auditor shall serve a term of four years. (C) One elected auditor shall serve a term of six years. (D) The three elected auditors shall have all the powers and perform all the duties as provided in this part for elected auditors. (4) One elected controller in lieu of three elected auditors, and the following shall apply: (i) The provisions of this part relating to the controller shall not become operative or effective until the board of commissioners shall, by ordinance, accept the provisions of this part relating to the office of controller. (ii) When a township has provided by ordinance for the office of an elected controller, the board of commissioners shall petition the court of common pleas to appoint a controller to hold office until the first Monday of January next succeeding the next municipal election when a controller shall be elected. When a controller is appointed or elected as provided in this paragraph, the office of elected auditor is abolished. (iii) One controller, who shall be a competent accountant, shall be elected at municipal elections every four years. (iv) The office of controller shall be continued until the ordinance is repealed, at which time the office of controller shall terminate. The township shall either appoint an independent auditor or, at the next municipal election following the repeal of the ordinance, provide for the election of three auditors, to whom the following shall apply: (A) One elected auditor shall serve a term of two years. (B) One elected auditor shall serve a term of four years. (C) One elected auditor shall serve a term of six years. (D) The three elected auditors shall have all the powers and perform all the duties as provided in this part for elected auditors. (b) Terms of office.--The terms of each officer elected under this section shall begin the first Monday of January next succeeding the individual's election.

73 Pa.C.S. § 1711 Vacancies.

(a) Filling.-- (1) If a vacancy occurs in the office of township commissioner, auditor, controller or tax collector for any of the following, the board of commissioners shall fill the vacancy within 30 days by appointing by resolution a registered elector of the township, or of the ward for a ward office, in which the vacancy occurs: (i) Death. (ii) Resignation. (iii) Removal as provided under section 1904 (relating to removal of township officers and appointees). (iv) Termination of residency from the township, or of the ward for a ward office. (v) Failure to take the required oath, give required bond or provide the affidavit required under section 1701 (relating to eligibility). (vi) Or otherwise. (2) If a person other than an individual is appointed to fill a vacancy in the office of tax collector under section 1703(a)(2)(ii) (relating to elected officers), the person shall not be required to file the affidavit required under section 1701. An individual appointed as a tax collector under section 4.2 or 4.4 of the act of May 25, 1945 (P.L.1050, No.394), known as the Local Tax Collection Law, shall not be required to file an affidavit required under section 1701. (a.1) Resignations.--Except as provided under subsection (b.2), the following shall apply: (1) A vacancy shall not be created by a resignation until the date that the resignation is accepted by a majority vote of a quorum of the board of commissioners at a public meeting or the effective date of the tendered resignation, whichever is later. The board of commissioners must accept a resignation no later than 45 days after the resignation has been tendered in writing to the board of commissioners, unless the resignation is withdrawn in writing prior to acceptance. (2) A resignation that is not accepted as provided under paragraph (1) shall be deemed accepted after 45 days. (a.2) Deaths.--A vacancy shall not be created by death until the next meeting of the board of commissioners. (b) Vacancy board.-- (1) A vacancy board shall be convened to fill a vacancy within 15 days if the board of commissioners of a township, for any reason, fails to fill a vacancy after 30 days. The board of commissioners may vote to convene the vacancy board within 30 days of a vacancy if the board of commissioners is unable, for any reason, to fill the vacancy and shall provide a justification at a public meeting. (2) The vacancy board shall consist of the board of commissioners and one registered elector of the township, who shall be appointed by the board of commissioners at the board's first meeting each calendar year or as soon thereafter as practical. (3) The registered elector shall act as chairperson of the vacancy board and shall serve as the chairperson until the chairperson's successor is appointed. The chairperson of the vacancy board may not vote for themselves to fill a vacancy in any office. (b.1) Court of common pleas.--The vacancy board chairperson shall, or in the case of a vacancy in the chairpersonship the remaining members of the vacancy board shall, petition the court of common pleas to fill the vacancy by appointing a registered elector of the township or ward in which the vacancy occurs if one of the following occur: (1) the vacancy board fails to fill the position within 15 days; or (2) the position of vacancy board chairperson is vacant and the remaining members of the vacancy board provide justification for the reason the vacancy board is not able to fill the position sooner than 15 days and vote publicly to disband. (b.2) Vacancy in majority of offices.--Notwithstanding any other subsections in this section, if there are vacancies in a majority of the offices of commissioners, the court of common pleas shall fill the vacancies upon presentation of a petition signed by the remaining commissioners or at least 15 registered electors of the township. A resignation that precludes a majority of commissioners from accepting the resignation shall create a vacancy on the date specified in the tendered resignation or, if no date is specified, the second business day after the day the resignation is tendered, unless sooner withdrawn in writing. (b.3) Term.--A registered elector appointed to fill a vacancy shall hold the office until the first Monday in January after the first municipal election occurring more than 60 days after the vacancy occurs. At the first municipal election occurring more than 60 days after the vacancy occurs, an eligible person shall be elected to the office for the remainder of the term. The appointed registered elector must have been a resident of the township or ward continuously for at least one year immediately prior to the appointment. Cross References. Section 1711 is referred to in section 1701 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=73Fetched: 10/16/2026