2012 Pennsylvania Consolidated Statutes
Title 53 - MUNICIPALITIES GENERALLY
Chapter 29 - General Provisions
Section 2911 - Submission of question for election of government study commission

PROCEDURE FOR ADOPTION OF HOME RULE CHARTER

OR OPTIONAL PLAN OF GOVERNMENT

Sec.

2911.  Submission of question for election of government study commission.

2912.  Election of members of commission.

2913.  Nomination of candidates.

2914.  Results of election.

2915.  Oath of office of members of commission.

2916.  First meeting of commission.

2917.  Vacancies.

2918.  Function and duty of commission.

2919.  Compensation and personnel.

2920.  Hearings and public forums.

2921.  Report of findings and recommendations.

2922.  Discharge of petition and amended reports.

2923.  Types of action recommended.

2924.  Specificity of recommendations.

2925.  Form of question on form of government.

2926.  Submission of question on form of government.

2927.  Limitation on enactment of ordinance or filing of petition.

2928.  Time when change of form of government takes effect.

2929.  Limitation on changing new form of government.

2930.  Status of forms of government provided in subpart.

Cross References.  Subchapter B is referred to in sections 733, 2902, 3094, 3171 of this title.

§ 2911.  Submission of question for election of government study commission.

(a)  General rule.--Whenever authorized by ordinance of the governing body or upon petition of the electors to the county board of electors of the county wherein the municipality is located, an election shall be held upon one of the following questions:

Shall a government study commission of (seven, nine or eleven) members be elected to study the existing form of government of the municipality, to consider the advisability of the adoption of an optional form of government and to recommend whether or not an optional plan of government should be adopted?

Shall a government study commission of (seven, nine or eleven) members be elected to study the existing form of government of the municipality, to consider the advisability of the adoption of a home rule charter and, if advisable, to draft and to recommend a home rule charter?

Shall a government study commission of (seven, nine or eleven) members be elected to study the existing form of government of the municipality, to consider the advisability of the adoption of an optional form of government or a home rule charter, to recommend the adoption of an optional form of government or to draft and recommend a home rule charter?

(b)  Petition for election.--The petition calling for the election shall be in the form required by subsection (e) and shall be signed by electors comprising 5% of the number of electors voting for the office of Governor in the last gubernatorial general election.

(c)  Ordinance authorizing election.--Within five days after the final enactment of an ordinance authorizing the election, the municipal clerk or secretary shall file a certified copy of the ordinance with the county board of elections, together with a copy of the question to be submitted to the electors.

(d)  Duty of election board.--At the next general or municipal or primary election occurring not less than the 13th Tuesday after the filing of the ordinance or the petition with the county board of elections, it shall cause the appropriate question to be submitted to the electors as other questions are submitted under the act of June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania Election Code.

(e)  Requirements for petitions.--A referendum petition under this section shall be filed not later than the 13th Tuesday prior to the election, and the petition and the proceedings therein shall be in the manner and subject to the provisions of the election laws which relate to the signing, filing and adjudication of nomination petitions insofar as those provisions are applicable. No referendum petition may be signed or circulated prior to the 20th Tuesday before the election nor later than the 13th Tuesday before the election. No candidate's nomination petition may be signed or circulated prior to the 13th Tuesday before the election nor later than the tenth Tuesday before the election. Any petition under this section shall be filed on or before the tenth Tuesday before the election.

Cross References.  Section 2911 is referred to in sections 2923, 2927 of this title.