PRINTER'S NO. 1494

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

1131

Session of

2024

INTRODUCED BY COMITTA, HUTCHINSON, DUSH, BROWN AND KEARNEY,

APRIL 5, 2024

REFERRED TO LOCAL GOVERNMENT, APRIL 5, 2024

hereby enacts as follows:

Section 1. Section 901 of Title 8 of the Pennsylvania

Consolidated Statutes is amended to read:

§ 901. Filling vacancies in elective borough offices.

(a) Vacancies.--If any vacancy occurs in the office of the

mayor, member of council, auditor, controller or tax collector,

by death, resignation under subsection (a.1) or termination of

residency from the borough, or from a ward in the case of a ward

office, or by failure to take the required oath, to give bond as

provided by law or ordinance or to provide the affidavit

election occurring more than 60 days after the vacancy occurs,

at which election an eligible individual shall be elected to the

office for the remainder of the term. Except as provided in

section 801(c), no individual shall be appointed to fill a

vacancy in an elected borough or ward office unless the

individual has resided within the borough, or within the ward in

the case of a ward office, continuously for at least one year

immediately prior to the individual's appointment.

(a.1) Vacancy by resignation.--Except as provided under

subsection (e), the following shall apply:

under paragraph (1) shall be deemed accepted after 45 days.

(b) Bond.--The individual appointed shall give bond if

required by law or ordinance. If the individual elected to the

office fails to give any bond required, to provide the affidavit

required under section 801 or to take the required oath, the

council, before making the appointment, shall declare the office

vacant.

(c) [Unfilled vacancies.--If the council of any borough

refuses, fails, neglects or is unable, for any reason

board.--

vacancy within 15 days if the council of any borough, for any

reason, fails to fill a vacancy after 30 days. Council may

vote to convene the vacancy board within 30 days of a vacancy

if the council is unable, for any reason, to fill the vacancy

and provides the justification in a public meeting.

exclusive of the mayor, and one registered elector of the

borough who shall be appointed by the council at the

council's first meeting each calendar year or as soon as

which election an eligible individual shall be elected to the

office for the remainder of the term.

(d) [Board petition.--If the vacancy is not filled by the

vacancy board within 15 days, the] Vacancy board petition.--The

vacancy board chair shall, or, in the case of a vacancy in the

chair, the remaining members of the vacancy board shall,

petition the court of common pleas to fill the vacancy by the

appointment of a registered elector of the borough, or ward in

the case of a ward, to hold the office, if the term continues

that long, until the first Monday in January after the first

(e) Elector petition.--If vacancies exist in more than a

majority of the offices of council, the court of common pleas

shall fill the vacancies upon presentation of petition signed by

not less than 15 registered electors of the borough.] if either

of the following occur:

15 days; or

remaining members of the vacancy board provide a

justification as to why the remaining members cannot fill the

position sooner than 15 days and vote publicly to disband.

majority of council members from acting to accept 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 tendered, unless sooner withdrawn in

writing.