2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 8 - Elections of Officers › Section 818 - Decrease in number of members of council

§ 818. Decrease in number of members of council.
(a) Petition by electors.--
The court of common pleas shall, upon petition of at least 5% of the registered electors of any borough not divided into wards, which, according to the latest official census, had a population of not more than 3,000, certify the question of a proposal to reduce the total number of members of council for the borough from seven to five or to three, as specified by the petition, to the board of election of the county for a referendum vote of the residents at the next general election held not sooner than the thirteenth Tuesday after the date of the petition. The sufficiency of the number of signers to the petition shall be ascertained as of the date when the petition is presented to court. Upon receipt of the certified election results, the court shall enter a final decree granting or denying the request of the petitioners. A petition under this section may not be considered more than once in five years.
(b) Notice.--
(Deleted by amendment).
(c) Number to be elected.--
(1) At the municipal election following the decrease in the number of members of council from seven to five:
(i) If four members of council would otherwise have been elected, three members shall be elected.
(ii) If three members of council would otherwise have been elected, two members shall be elected.
(2) At the second municipal election following the decrease in the number of members of council:
(i) If four members of council would otherwise have been elected, three members shall be elected.
(ii) If three members of council would otherwise have been elected, two members shall be elected.
(3) At all following municipal elections, the proper number of members of council shall be elected to correspond to the number of members of council whose terms are to expire the first Monday of the following January.
(d) Election.--
(1) At the municipal election following the decrease in the number of members of council from seven to three:
(i) If four members of council would otherwise have been elected, two members shall be elected.
(ii) If three members of council would otherwise have been elected, one member shall be elected.
(2) At the second municipal election following the decrease in the number of members of council in the borough:
(i) If four members of council would otherwise have been elected, two members shall be elected.
(ii) If three members of council would otherwise have been elected, one member shall be elected.
(3) At all the following municipal elections, the proper number of members of council shall be elected to correspond to the number of members of council whose terms are to expire the first Monday of the following January.
(e) Terms.--
In any borough in which, under this section, the number of members of council shall be reduced, the members of council then in office shall remain in office until the end of their respective terms. If a borough attains a population in excess of 3,000 according to the latest official census, the number of members of council shall automatically be increased from three or five to seven, following the reverse of the procedure set forth in subsection (c) or (d).
(June 5, 2020, P.L.211, No.28, eff. 60 days)
2020 Amendment.
Act 28 amended subsec. (a) and deleted subsec. (b).
Cross References.
Section 818 is referred to in section 806 of this title.