Pennsylvania Act 1949-237 — REQUIRING CERTIFICATION OF ELECTION RESULTS

Act text

REQUIRING CERTIFICATION OF ELECTION RESULTS
                  Act of May 2, 1949, P.L. 873, No. 237               Cl. 53
                                  AN ACT

     Requiring that the results of all local option referenda in
        political subdivisions be certified to the Department of
        Community Affairs by county boards of elections; and
        requiring secretaries of political subdivisions to make
        certain reports to said department and to the county
        commissioners of the county in which the political
        subdivision is located. (Title amended Oct. 5, 1967, P.L.351,
        No.152)

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  The following words and phrases, when used in
     this act, shall have the meanings ascribed to them in this
     section.
        "Political subdivision."  Every city, borough, incorporated
     town, township and county in this Commonwealth.
        "Governing body."  The board of commissioners of every county
     or first-class township, the council of every city, borough, or
     incorporated town, and the board of supervisors of every second-
     class township.
        "Secretary."  The chief clerk of every county, every city
     clerk, and the secretary of every borough, incorporated town and
     township.
        Section 2.  In January of each year, immediately after the
     first meeting of the governing body of each political
     subdivision, the secretary shall report to the Department of
     Community Affairs, on forms provided by the department, and to
     the county commissioners of the county in which the political
     subdivision is located, on forms provided by the county
     commissioners, the names of all sworn, elected and appointed
     officers within the political subdivision, and also a report on
     any change of classification affecting such political
     subdivision during the year immediately preceding. The "sworn
     and appointed officers" referred to in this section shall not
     include constables and their deputies.
        (2 amended Oct. 5, 1967, P.L.351, No.152)

        Compiler's Note:  Section 301(a)(16) of Act 58 of 1996, which
            created the Department of Community and Economic
            Development and abolished the Department of Community
            Affairs, provided that all other powers and duties
            delegated to the Department of Community Affairs not
            otherwise expressly transferrred elsewhere by Act 58 and
            currently performed by the Department of Community
            Affairs under section 2 are transferred to the Department
            of Community and Economic Development.
        Section 3.  Within ten (10) days after any local option
     referendum authorized by any act of Assembly shall have been
     held within any county or any political subdivision thereof, the
     county board of elections shall certify to the Department of
     Community Affairs the name of the county or of the political
     subdivision in which such referendum shall have been held, the
     question before the electors, and the number of "yes" and "no"
     votes cast.
        (3 amended Oct. 5, 1967, P.L.351, No.152)

        Compiler's Note:  Section 301(a)(16) of Act 58 of 1996, which
            created the Department of Community and Economic
            Development and abolished the Department of Community
            Affairs, provided that all other powers and duties
            delegated to the Department of Community Affairs not
            otherwise expressly transferrred elsewhere by Act 58 and
            currently performed by the Department of Community
            Affairs under section 3 are transferred to the Department
            of Community and Economic Development.
        Section 4.  Immediately after the appointment of any person
     to fill a vacancy in elective or appointive office within any
     political subdivision, the secretary thereof shall report to the
     Department of Community Affairs and to the office of the county
     commissioners of the county in which the political subdivision
     is located the office to which the appointment shall have been
     made, the name of the appointee, and the name of the person
     succeeded.
        (4 amended Oct. 5, 1967, P.L.351, No.152)

        Compiler's Note:  Section 301(a)(16) of Act 58 of 1996, which
            created the Department of Community and Economic
            Development and abolished the Department of Community
            Affairs, provided that all other powers and duties
            delegated to the Department of Community Affairs not
            otherwise expressly transferrred elsewhere by Act 58 and
            currently performed by the Department of Community
            Affairs under section 4 are transferred to the Department
            of Community and Economic Development.
        Section 5.  Within ten (10) days after the effective date of
     any annexation proceeding affecting a political subdivision, the
     secretary shall report such proceedings and changes to the
     Department of Community Affairs. Reports of annexation
     proceedings shall include a plot or plots of the territory to be
     annexed and certified copies of the ordinances and petitions,
     resolution adopted by the electorate, or decree of the court, as
     appropriate to the manner by which the annexation proceedings
     are carried into effect.
        (5 added Oct. 5, 1967, P.L.351, No.152)

        Compiler's Note:  Section 301(a)(16) of Act 58 of 1996, which
            created the Department of Community and Economic
            Development and abolished the Department of Community
            Affairs, provided that all other powers and duties
            delegated to the Department of Community Affairs not
            otherwise expressly transferrred elsewhere by Act 58 and
            currently performed by the Department of Community
            Affairs under section 5 are transferred to the Department
            of Community and Economic Development.