2025 Pennsylvania Consolidated & Unconsolidated Statutes
Act 59 - SECOND CLASS TOWNSHIP CODE - VACANCIES IN GENERAL
Session of 2025
No. 2025-59
HB 1651
AN ACT
Amending the act of May 1, 1933 (P.L.103, No.69), entitled "An act concerning townships of the second class; and amending, revising, consolidating and changing the law relating thereto," in election of officers and vacancies in office, further providing for vacancies in general.
The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:
Section 1. Section 407(b) introductory paragraph, (c), (d) and (e) of the act of May 1, 1933 (P.L.103, No.69), known as The Second Class Township Code, are amended and the section is amended by adding a subsection to read:
Section 407. Vacancies in General.--* * *
(b) [A] Except as provided under subsection (e), a resignation:
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(c) Except as provided under subsection (c.1), the following shall apply:
(1) If, for any reason, the board of supervisors refuses, fails, neglects or is unable to fill a vacancy within thirty days after the vacancy occurs, as under this section, the vacancy shall be filled within fifteen additional days by the vacancy board.
(2) The vacancy board shall consist of the board of supervisors and one registered elector of the township, who shall be appointed by the board of supervisors at the board's first meeting each calendar year or as soon thereafter as is practical.
(3) The appointed elector shall act as the chairperson of the vacancy board, and may not vote for themselves to fill any vacancy.
(c.1) Notwithstanding the provisions of subsection (c), if the board of supervisors cannot fill a vacancy, the board of supervisors may, by a majority vote at a public meeting, convene the vacancy board at any time after the occurrence of the vacancy for proceedings in accordance with subsection (d).
(d) [If the vacancy board fails to fill the position within fifteen days, the chairperson] The chairperson of the vacancy board, or if the position of the chairperson is vacant, the remaining members of the vacancy board shall petition the court of common pleas to fill the vacancy[.] if either of the following occur:
(1) the vacancy board fails to fill the position within fifteen days; or
(2) the position of chairperson is vacant and the remaining members of the vacancy board provide their justification during a public meeting as to why they cannot fill the position within fifteen days.
(e) [If two or more vacancies in the office of supervisor occur on a three-member board, or three or more vacancies occur on a five-member board] Notwithstanding any other provision of this section, if the majority of seats on the board of supervisors are vacant, the court of common pleas shall fill the vacancies upon presentation of a petition signed by the remaining supervisors or at least fifteen registered electors of the township. A resignation on the board of supervisors that would preclude a majority of supervisors from acting shall create a vacancy on the date specified in the tendered resignation or, if no date is specified due to a lack of a quorum, the second business day after the day tendered, whichever is later, unless sooner withdrawn in writing.
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Section 2. This act shall take effect in 60 days.
APPROVED--The 22nd day of December, A.D. 2025.
JOSH SHAPIRO
