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PRINTER'S NO. 2333
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1876
Session of
2025
INTRODUCED BY GUZMAN, HILL-EVANS AND DONAHUE, SEPTEMBER 23, 2025
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, SEPTEMBER 25, 2025
AN ACT
Amending Titles 11 (Cities) and 16 (Counties) of the
Pennsylvania Consolidated Statutes, further providing for
vacancies in elected offices in cities of the first class,
cities of the second class, cities of the second class A and
cities of the third class; in county commissioners and chief
clerks, further providing for election and vacancies; and
making repeals.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Part II heading of Title 11 of the Pennsylvania
Consolidated Statutes is amended to read:
PART II
FIRST CLASS CITIES
[(Reserved)]
Section 2. Part II of Title 11 is amended by adding chapters
to read:
CHAPTER 21
PRELIMINARY PROVISIONS
§ 2101. Definitions.
The following words and phrases when used in this part shall
have the meanings given to them in this section unless the
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context clearly indicates otherwise:
"City." A city of the first class.
CHAPTER 28
VACANCIES IN OFFICE
§ 2801. Council and office of mayor.
(a) Special election.--If a vacancy occurs in the office of
mayor or other member of council in a city by reason of death,
resignation, removal or otherwise, the vacancy shall be filled
by a special election conducted in accordance with this section.
(b) Temporary appointment.--
(1) The governing body of a city may appoint an interim
officer to temporarily discharge the duties of the office
until the results of the special election are certified.
(2) An interim officer under this subsection may not be
eligible to be a candidate in the subsequent special election
for the same office.
(c) Timing of election.--
(1) The county board of elections in the county of the
vacancy shall schedule a special election to be held not
later than 90 days from the date on which the vacancy is
declared.
(2) If the office is subject to partisan election, each
political party entitled under law shall nominate candidates
through a special primary election to be held not later than
60 days from the date the vacancy is declared. A special
election shall be held not later than 30 days following the
certification of results of the special primaries.
(d) Term of office.--The officer elected in the special
election under this section shall serve for the remainder of the
unexpired term.
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Section 3. Part III heading of Title 11 is amended to read:
PART III
SECOND CLASS CITIES
[(Reserved)]
Section 4. Part III of Title 11 is amended by adding
chapters to read:
CHAPTER 31
PRELIMINARY PROVISIONS
§ 3101. Definitions.
The following words and phrases when used in this part shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"City." A city of the second class.
CHAPTER 38
VACANCIES IN OFFICE
§ 3801. Council and office of mayor.
(a) Special election.--If a vacancy occurs in the office of
mayor or other member of council in a city by reason of death,
resignation, removal or otherwise, the vacancy shall be filled
by a special election conducted in accordance with this section.
(b) Temporary appointment.--
(1) The governing body of a city may appoint an interim
officer to temporarily discharge the duties of the office
until the results of the special election are certified.
(2) An interim officer under this subsection may not be
eligible to be a candidate in the subsequent special election
for the same office.
(c) Timing of election.--
(1) The county board of elections in the county of the
vacancy shall schedule a special election to be held not
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later than 90 days from the date on which the vacancy is
declared.
(2) If the office is subject to partisan election, each
political party entitled under law shall nominate candidates
through a special primary election to be held not later than
60 days from the date the vacancy is declared. A special
election shall be held not later than 30 days following the
certification of results of the special primaries.
(d) Term of office.--The officer elected in the special
election under this section shall serve for the remainder of the
unexpired term.
Section 5. Part IV heading of Title 11 is amended to read:
PART IV
SECOND CLASS A CITIES
[(Reserved)]
Section 6. Part IV of Title 11 is amended by adding chapters
to read:
CHAPTER 41
PRELIMINARY PROVISIONS
§ 4101. Definitions.
The following words and phrases when used in this part shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"City." A city of the second class A.
CHAPTER 48
VACANCIES IN OFFICE
§ 4801. Council and office of mayor.
(a) Special election.--If a vacancy occurs in the office of
mayor or other member of council in a city by reason of death,
resignation, removal or otherwise, the vacancy shall be filled
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by a special election conducted in accordance with this section.
(b) Temporary appointment.--
(1) The governing body of a city may appoint an interim
officer to temporarily discharge the duties of the office
until the results of the special election are certified.
(2) An interim officer under this subsection may not be
eligible to be a candidate in the subsequent special election
for the same office.
(c) Timing of election.--
(1) The county board of elections in the county of the
vacancy shall schedule a special election to be held not
later than 90 days from the date on which the vacancy is
declared.
(2) If the office is subject to partisan election, each
political party entitled under law shall nominate candidates
through a special primary election to be held not later than
60 days from the date the vacancy is declared. A special
election shall be held not later than 30 days following the
certification of results of the special primaries.
(d) Term of office.--The officer elected in the special
election under this section shall serve for the remainder of the
unexpired term.
Section 7. Section 10801 of Title 11 is amended to read:
§ 10801. Council and office of mayor.
[(a) Appointment.--Within 30 days of a vacancy in the office
of mayor or other member of council or if an elected mayor or
council member has failed to qualify under section 10701
(relating to elected officers, term, reelection and vacancy)
prior to taking office, council must, by a majority of council's
remaining members, appoint a qualified individual to fill the
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vacant office.
(b) President judge.--If a council does not fill a vacancy
within 30 days under subsection (a) or if a vacancy exists in
the offices of at least a majority of the members of council,
including the position of mayor, the president judge of the
court of common pleas having jurisdiction within the city, must
fill each vacancy upon either the petition of at least 10
qualified electors of the city or the petition of a majority of
the remaining members of council.
(c) Term.--A individual appointed under subsection (a) or
(b) shall serve for the lesser of the following terms:
(1) The remainder of the unexpired term of the office to
which the individual is appointed.
(2) Until the first Monday of January after the next
municipal election occurring at least 30 days after the
vacancy occurred.
(d) Unexpired term.--If necessary to fill the unexpired term
of the individual originally elected to an office that has
become vacant, an individual shall be elected at the municipal
election referred to under subsection (c)(2) to serve from the
first Monday of January after the election for the remainder of
the unexpired term.]
(e) Special election.--If a vacancy occurs in the office of
mayor or other member of council in a city by reason of death,
resignation, removal or otherwise, the vacancy shall be filled
by a special election conducted in accordance with this section.
(f) Temporary appointment.--
(1) The governing body of a city may appoint an interim
officer to temporarily discharge the duties of the office
until the results of the special election are certified.
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(2) An interim officer under this subsection may not be
eligible to be a candidate in the subsequent special election
for the same office.
(g) Timing of election.--
(1) The county board of elections in the county of the
vacancy shall schedule a special election to be held not
later than 90 days from the date on which the vacancy is
declared.
(2) If the office is subject to partisan election, each
political party entitled under law shall nominate candidates
through a special primary election to be held not later than
60 days from the date the vacancy is declared. A special
election shall be held not later than 30 days following the
certification of results of the special primaries.
(h) Term of office.--The officer elected in the special
election under this section shall serve for the remainder of the
unexpired term.
Section 8. Section 12501(b) of Title 16, added May 8, 2024
(P.L.50, No.14), is amended to read:
§ 12501. Election and vacancies.
* * *
(b) Vacancy.--[A vacancy in the office of county
commissioners shall be filled for the balance of the unexpired
term by the court of common pleas of the county in which the
vacancy occurs by the appointment of a registered elector of the
county who was a member of the same political party as the
vacating county commissioner at the time the vacating county
commissioner was elected.]
(1) If a vacancy occurs in the office of county
commissioner by reason of death, resignation, removal or
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otherwise, the vacancy shall be filled in accordance with
this subsection.
(2) The remaining county commissioners may appoint an
interim commissioner to temporarily discharge the duties of
the office until the results of the special election are
certified. An interim appointee shall not be eligible to be a
candidate in the subsequent special election for the same
office.
(3) The county board of elections in the county of the
vacancy shall schedule a special election to be held not
later than 90 days from the date on which the vacancy is
declared.
(4) If the office is subject to partisan election, each
political party entitled under law shall nominate candidates
through a special primary election to be held not later than
60 days from the date the vacancy is declared. The special
election shall be held not later than 30 days following the
certification of results of the special primaries.
(5) A county commissioner elected under this subsection
shall serve for the remainder of the unexpired term.
Section 9. Repeals are as follows:
(1) The General Assembly declares that the repeals under
paragraph (2) are necessary to effectuate the addition of 11
Pa.C.S. Ch. 28.
(2) All of the following are repealed:
(i) Article II, section 4 of the act of June 25,
1919 (P.L.581, No.274), referred to as the First Class
City Government Law.
(ii) Article IV, section 2(b) of the First Class
City Government Law.
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(iii) Article XVI, section 2 of the First Class City
Government Law.
(3) The General Assembly declares that the repeal under
paragraph (4) is necessary to effectuate the addition of 11
Pa.C.S. Ch. 38.
(4) Article I, section 1 of the act of March 7, 1901
(P.L.20, No.14), referred to as the Second Class City Law, is
repealed insofar as it is inconsistent with the addition of
11 Pa.C.S. Ch. 38.
Section 10. This act shall take effect in 60 days.
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