11 PA Cons Stat § 10701 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 11 - CITIES|Chapter 107 - Elected Officers and Elections|Section 10701 - Elected officers, term, reelection and vacancy

§ 10701. Elected officers, term, reelection and vacancy. (a) Elected officer and term.-- (1) Except as provided under subsection (c), the elected officers of a city shall be a mayor, four council members, a controller and a treasurer.  (2) Except as provided under section 10702 (relating to first elections in newly created cities) with respect to the first election of members of council, each elected officer shall serve for a term of four years from the first Monday of January next succeeding the officer's election.  (3) An officer shall be eligible for reelection. (b) Disqualification.--An individual elected to a city office who fails to qualify in accordance with sections 10904 (relating to offices to be held until qualification of successors) and 10905 (relating to oath of office, violation of oath and penalty) and, as applicable, section 11101 (relating to executive departments), 11201 (relating to qualifications), 11401 (relating to qualifications) or 11701 (relating to qualifications, bond and compensation) shall be ineligible to qualify. A vacancy shall exist in the office, and an individual shall be appointed to fill the vacancy in the manner provided under this part.  (c) Addition of council members.--Two additional council members may be elected to form a seven-member council comprised of six council members and the mayor, as follows:  (1) After petition of at least 5% of the registered voters of the city or pursuant to a resolution of council, and approval by a majority of voters at the next municipal or general election, two additional council members shall be elected.  (2) The referendum petition or resolution of council certified by the city clerk must be filed with the county board of elections not later than the thirteenth Tuesday before the next municipal or general election. The county board of elections must place the question before the electors as provided under the Pennsylvania Election Code. The form of the question shall be as follows:  Should two additional council members be elected to serve in this city, so that council shall be comprised of six council members and the mayor?     Yes   No    (3) The county board of elections must tabulate and publish in a newspaper of general circulation the results of the referendum within 30 days of the election.  (4) The question of additional council members may not be voted on more than once in a three-year period.  (5) The terms of a council member elected under this subsection shall be as follows: (i) At the first municipal election following approval at a general election of the question providing for the election of two additional council members, one of the additional council members shall be elected for a term of four years and one for a term of two years. Each council member shall serve from the first Monday of January after the election.  (ii) At the first general election following approval at a municipal election of the question providing for the election of two additional council members, one of the additional council members shall be elected for a term of three years and one for a term of one year. Each council member shall serve from the first Monday of January after the election.  (iii) After the term listed under subparagraph (i) or (ii), each additional council member shall be elected for a term of four years beginning service from the first Monday of January after the election.  (6) In a city divided into wards, each council member elected under paragraph (5) shall represent the city at large. No earlier than four years after the election adding two additional council members, the city may change the representation of either or both of the two additional seats from at large to ward representation in accordance with Chapter 104 (relating to creation and division of wards) or any other law.  (d) Reduction of council members.--A city that has opted for a seven-member council may reestablish a five-member council comprised of four council members and the mayor, as follows:  (1) In a city in which the electorate has opted for a seven-member council comprised of six council members and the mayor, the city must return to a five-member council, including the mayor, upon petition of at least 5% of the registered voters of the city or pursuant to a resolution of council and after approval by a majority of electors voting at the next municipal or general election. The referendum petition or resolution must be filed with the county board of elections not later than the thirteenth Tuesday before the next municipal or general election. The county board of elections shall place the question before the electors as provided under the Pennsylvania Election Code. The form of the question shall be as follows:  Should this city return to a five-member council comprised of four council members and the mayor?     Yes   No    (2) The county board of elections shall tabulate and publish in a newspaper of general circulation the results of the referendum within 30 days of the election. The question of reducing the seven-member council may not be voted on more than once in a five-year period.  (3) The following shall apply: (i) At the first municipal election following approval of the question providing for the return to a five-member council comprised of four council members and the mayor, four council members shall be elected to serve from the first Monday of January after the election.  (ii) The terms of the six council members serving on the seven-member council shall cease on the first Monday of January after the election under subparagraph (i).  (iii) The four candidates receiving the highest number of votes for the office of council member shall be elected.  (iv) The two candidates receiving the first and second highest number of votes shall serve for a term of four years.  (v) The two candidates receiving the third and fourth highest number of votes shall serve for a term of two years.  (vi) After the terms listed under subparagraphs (iv) and (v), a council member shall serve a term provided under subsection (a).    Cross References. Section 10701 is referred to in sections 10702, 10801, 10802 of this title.